Montana Laws

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The following excerpts are from Montana’s laws prohibiting relationship and dating violence, sexual assault and stalking.

Partner/Family Member Assault

45-5-206. Partner or family member assault -- penalty. (1) A person commits the offense of partner or family member assault if the person:

     (a) purposely or knowingly causes bodily injury to a partner or family member;

     (b) negligently causes bodily injury to a partner or family member with a weapon; or

     (c) purposely or knowingly causes reasonable apprehension of bodily injury in a partner or family member.

 

Sexual Assault

 45-5-502. Sexual assault. (1) A person who knowingly subjects another person to any sexual contact without consent commits the offense of sexual assault.

 

Sexual Intercourse without Consent

 45-5-503. Sexual intercourse without consent. (1) A person who knowingly has sexual intercourse without consent with another person commits the offense of sexual intercourse without consent. A person may not be convicted under this section based on the age of the person's spouse….

     (3) (a) If the victim is less than 16 years old and the offender is 3 or more years older than the victim or if the offender inflicts bodily injury upon anyone in the course of committing sexual intercourse without consent, the offender shall be punished by life imprisonment or by imprisonment in the state prison for a term of not less than 4 years or more than 100 years and may be fined not more than $50,000, except as provided in 46-18-219 and 46-18-222.

          (b) If two or more persons are convicted of sexual intercourse without consent with the same victim in an incident in which each offender was present at the location where another offender's offense occurred during a time period in which each offender could have reasonably known of the other's offense, each offender shall be punished by life imprisonment or by imprisonment in the state prison for a term of not less than 5 years or more than 100 years and may be fined not more than $50,000, except as provided in 46-18-219 and 46-18-222.

 

Stalking

45-5-220. Stalking -- exemption -- penalty. (1) A person commits the offense of stalking if the person purposely or knowingly causes another person substantial emotional distress or reasonable apprehension of bodily injury or death by repeatedly:

     (a) following the stalked person; or

     (b) harassing, threatening, or intimidating the stalked person, in person or by mail, electronic communication, as defined in 45-8-213, or any other action, device, or method.

 

 

45-8-213. Privacy in communications. (1) "Except as provided in 69-6-104, a person commits the offense of violating privacy in communications if the person knowingly or purpose"

     (a) "with the purpose to terrify, intimidate, threaten, harass, annoy, or offend, communicates with a person by telephone or electronic mail and uses obscene, lewd, or profane language, suggests a lewd or lascivious act, or threatens to inflict injury or physical harm to the person or property of the person. The use of obscene, lewd, or profane language or the making of a threat or lewd or lascivious suggestions is prima facie evidence of an intent to terrify, intimidate, threaten, harass, annoy, or offend."