Montana
Montana Age of Consent Laws: Statutes, Penalties and Reporting
Independently fact-checked against primary sources (last audited September 30, 2026). · 20 primary sources cited on this page. How we verify our legal content
Under Montana's sexual offense statutes (MCA 45-5-501 to 45-5-511), a victim is incapable of consent if the victim is less than 16 years old, age differences of 3 or 4 years set the penalty range, and separate statutes protect persons under 18 and persons of any age in listed school, facility and program relationships.
To report a concern: if a child is in immediate danger, call 911. The Montana Department of Public Health and Human Services, Child and Family Services Division states on its official page to call toll-free 1 (866) 820-5437 to report a possible case of child abuse or neglect. The Childhelp National Child Abuse Hotline (1-800-422-4453, call or text) can help you figure out where and how to report. Online exploitation can be reported to the NCMEC CyberTipline at report.cybertip.org or 1-800-843-5678.
Information last verified on 2026-09-30. This article has not yet been reviewed by a licensed lawyer. It is legal-reference information, not legal advice.
This page covers Montana's criminal statutes on sexual offenses involving minors, mainly Title 45, chapter 5, parts 5, 6 and 7 of the Montana Code Annotated, and the sexual offender registration statutes in Title 46. Federal law is summarized on the age of consent laws by state hub. The text below was read on the official Montana Code Annotated 2025 site on 2026-09-30, and the Montana Legislature meets in odd-numbered years, so 2025 session laws are the latest regular-session changes checked.
This page describes the main age-based sexual offense statutes. Other Montana statutes also protect minors, and one of them can apply even where none of the offenses described here does.
How Montana law protects minors by age
Montana defines its offenses by the absence of consent, and it treats certain victims as incapable of consent. The age tiers appear in the definition of incapacity and in the penalty subsections.
| Victim's age | Offense | Provision |
|---|---|---|
| 12 or younger, offender 18 or older | Sexual intercourse without consent, 100-year term | 45-5-503(4) |
| Under 14, offender 3 or more years older | Sexual assault, consent ineffective | 45-5-502(6)(a)(ii) |
| Under 16 | Sexual intercourse without consent; sexual assault; victim incapable of consent | 45-5-501(1)(b)(iv); 45-5-502(1); 45-5-503(1) |
| Under 16, offender 4 or more years older | Higher penalty range for sexual intercourse without consent | 45-5-503(3)(a) |
| Under 16, offender 3 or more years older | Higher penalty range for sexual assault | 45-5-502(3) |
| Under 18 | Sexual abuse of children; child sex trafficking; patronizing where a child is patronized | 45-5-625; 45-5-711; 45-5-601 |
Under 16
Section 45-5-501 provides that the victim is incapable of consent because the victim is "less than 16 years old," among other listed categories. Section 45-5-503(1) provides that a person "who knowingly has sexual intercourse with another person without consent or with another person who is incapable of consent" commits sexual intercourse without consent. Aggravated sexual intercourse without consent under section 45-5-508 applies where force is used and carries 10 to 100 years or life.
Sexual contact
Section 45-5-502 makes knowingly subjecting another person to sexual contact without consent sexual assault. Section 45-5-501(1), which defines consent for 45-5-502, lists a victim less than 16 years old as incapable of consent. Subsection (6)(a)(ii) of 45-5-502 also provides that consent is ineffective where the victim is "less than 14 years old and the offender is 3 or more years older than the victim." Subsection (6) also lists other relationships in which consent is ineffective, including a student of a school and an employee, contractor or volunteer of the school with authority over the student.
Persons under 18 and relationships of authority
- Students. Under 45-5-501(1)(b)(x) and 45-5-502(6)(a)(vii), a student of an elementary, middle, junior high or high school, public or nonpublic, is protected against an employee, contractor or volunteer of any school "who has ever had instructional, supervisory, disciplinary, or other authority over the student in a school setting," if the perpetrator is not a student. The provision does not state an age ceiling.
- Youth care facilities and adolescent programs. Sections 45-5-501(1)(b)(vi) and (viii) and 45-5-502(6)(a)(iii) and (v) cover a person receiving services from a youth care facility, and a participant in a private alternative adolescent residential or outdoor program, where the perpetrator is an employee, contractor or volunteer with supervisory or disciplinary authority or, for a program, a person associated with it.
- Stepson or stepdaughter. Section 45-5-507 (incest) covers sexual intercourse or sexual contact with an ancestor, descendant, brother or sister, nephew or niece, or any stepson or stepdaughter. Where a stepson or stepdaughter is less than 18 and the stepparent is 4 or more years older, consent is ineffective. A person under 18 is not legally accountable for incest and is considered a victim where the other person is 4 or more years older.
- Sexual abuse of children. Section 45-5-625 covers employing or using a child in an exhibition of sexual conduct, photographing or recording a child, distributing or possessing such material, threatening to release such images, and, for a child under 16 or a person believed to be under 16, persuading or enticing the child to engage in sexual conduct and traveling or arranging travel for that purpose. "Child" means an individual under 18 unless a different age is specified (section 45-2-101).
- Grooming of a child. Section 45-5-629 applies to a pattern of grooming behavior aimed at a child or the child's guardian with the intent to manipulate the child into sexual conduct, to coerce or entice a child under 16 to meet in person for sexual conduct, to distribute or facilitate access to sexually explicit material, or to exploit a position of authority to develop an intimate or secretive relationship with a minor.
- Indecent exposure to a minor. Under section 45-5-504(3), indecent exposure that the person knows will be observed by a person under 16, where the offender is more than 4 years older, is punishable by a fine of up to $50,000 or 4 to 100 years (less than 4 years only on a written finding of good cause), or both.
- Encouraging sexual conduct by a child under 16. Under section 45-5-622(2)(b)(ii), a parent, guardian or person 18 or older who knowingly contributes to the delinquency of a child under 16 by assisting, promoting or encouraging the child to engage in sexual conduct commits endangering the welfare of children.
- Patronizing and trafficking. Section 45-5-601 applies where the person patronized was a child and the patron was 18 or older, and states that it is not a defense that the child consented. Section 45-5-711 covers child sex trafficking, and section 45-5-705 covers patronizing a victim of sex trafficking where the individual patronized was a child.
How the age differences work
The age differences of 3 and 4 years in sections 45-5-502(3), 45-5-503(3)(a) and 45-5-507(4) are penalty provisions. They set a higher range where the victim is under 16 and the offender is 3 or 4 or more years older, and they are not written as defenses. The 3-year difference in section 45-5-502(6)(a)(ii) is part of a consent rule for victims under 14.
Section 45-5-503(5) is a sentencing provision. Where the victim is at least 14 and the offender is 18 or younger, the offender "may be punished" by up to 5 years and a fine of up to $10,000 if the offender has no prior sexual offense finding, a psychosexual evaluation has been prepared and the court finds registration is not necessary and relief from it is in the public's best interest, and the court finds that the conduct was consensual as the statute defines it. It reduces the penalty range and affects registration, and it does not change whether the offense was committed.
Penalties
| Offense | Penalty as stated |
|---|---|
| Sexual intercourse without consent (45-5-503(2)) | Life or up to 20 years and a fine of up to $50,000 |
| Same, victim under 16 and offender 4 or more years older (45-5-503(3)(a)) | Life or 4 to 100 years and a fine of up to $50,000 |
| Same, victim 12 or younger and offender 18 or older (45-5-503(4)) | 100 years; first 25 years not suspended or deferred and no parole during them |
| Aggravated sexual intercourse without consent (45-5-508) | Life or 10 to 100 years and a fine of up to $50,000 |
| Sexual assault (45-5-502(2)) | First conviction: fine up to $1,000 or up to 1 year in county jail, or both; second: up to 5 years; third or later: up to 10 years |
| Sexual assault, victim under 16 and offender 3 or more years older (45-5-502(3)) | Life or 4 to 100 years (less than 4 years only on a written finding of good cause) and a fine of up to $50,000 |
| Incest (45-5-507(3), (4)) | Life or up to 100 years or a fine of up to $50,000; victim under 16 and offender 3 or more years older: life or 4 to 100 years |
| Sexual abuse of children (45-5-625(2)) | Life or up to 100 years and a fine of up to $10,000; victim under 16: 4 to 100 years; possession under (1)(e): up to 10 years, a fine of up to $10,000, or both |
| Grooming of a child (45-5-629(2)) | Up to 10 years and a fine of up to $10,000; victim under 16: life or 4 to 100 years |
| Patronizing where a child is patronized, patron 18 or older (45-5-601(3)) | 100 years, first 25 years without parole, fine of up to $50,000 |
| Child sex trafficking (45-5-711(2)) | 100 years, first 25 years without parole, and a $400,000 fine |
Sections 45-5-503(4), 45-5-507(5), 45-5-625(4) and 45-5-629(3) also provide that an offender 18 or older whose victim was 12 or younger is subject to a 100-year term, sexual offender treatment and lifetime supervision after any release.
Sex offender registration
Under section 46-23-502, the definition of "sexual offense" includes 45-5-503, 45-5-508, 45-5-625, 45-5-629, 45-5-705, 45-5-711, incest under 45-5-507 where the victim is under 18 and the offender is 3 or more years older (or the victim is 12 or younger and the offender 18 or older), and sexual assault under 45-5-502(2)(b), (2)(c), (3) and (4). The definition states that the term does not include the exceptions provided in 45-5-501, 45-5-502 and 45-5-503.
Section 46-23-506 provides that a sexual offender registers for the remainder of the offender's life, except that after 10 years for a level 1 offender or 25 years for a level 2 offender the offender may petition the court, which considers a clean record and whether continued registration is necessary for public protection. Under section 46-23-509, the court designates each offender as level 1, 2 or 3 at sentencing after a psychosexual evaluation. The petition rights are limited in some circumstances, and the statute text controls.
Recent changes
House Bill 82 (Chapter 102, Laws of 2025), effective July 1, 2025, created the offense of grooming of a child for a sexual offense (45-5-629), amended sections 45-5-601, 45-5-625 and 45-5-711 to reach a law enforcement officer whom the offender believed to be a child, added computer-generated child pornography to section 45-5-625, and added grooming to the registration definition.
Senate Bill 348 (Chapter 602, Laws of 2025) revised the penalties for sexual assault in section 45-5-502 and required registration for a second sexual assault offense. House Bill 578 (Chapter 463, Laws of 2025) revised restitution provisions in section 45-5-503 and section 45-5-507. Neither act prescribes an effective date, so under section 1-2-201 each took effect on October 1, 2025. A special session in 2026, if any, was not checked.
How to report
If a child is in immediate danger, call 911. The Montana Department of Public Health and Human Services, Child and Family Services Division states on its official page to call toll-free 1 (866) 820-5437 to report a possible case of child abuse or neglect. The Childhelp National Child Abuse Hotline (1-800-422-4453, call or text) and the NCMEC CyberTipline (report.cybertip.org or 1-800-843-5678) are also available.
Disclaimer
This page is general legal information about Montana criminal statutes as verified on 2026-09-30. It is not legal advice. Statutes change, summaries simplify, and the statute text controls. Anyone with a specific situation should consult a lawyer licensed in Montana.
Related articles
Frequently Asked Questions
Does Montana use a single age in one statute?
The general age is stated in the definition of incapacity to consent in section 45-5-501(1)(b)(iv), which refers to a victim less than 16 years old, and the offense sections build on it. Other sections use different ages, including under 14, 12 or younger, and under 18.
What does the 4-year difference in section 45-5-503(3)(a) do?
It sets the higher penalty range of life or 4 to 100 years where the victim is under 16 and the offender is 4 or more years older. It is a penalty provision and is not described in the statute as a defense.
Does the school-personnel provision depend on the student's age?
Sections 45-5-501(1)(b)(x) and 45-5-502(6)(a)(vii) refer to a student of an elementary, middle, junior high or high school and state no age ceiling. The provision applies where the perpetrator is not a student and is an employee, contractor or volunteer of a school who has had authority over the student in a school setting.
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Montana Code Annotated, Title 45
§ 45-5-501DefinitionsIn forcecited in 3 of our articles
45-5-501. Definitions. (1) (a) As used in 45-5-502, 45-5-503, and 45-5-508, the term "consent" means words or overt actions indicating a freely given agreement to have sexual intercourse or sexual contact and is further defined but not limited by the following: (i) an expression of lack of consent through words or conduct means there is no consent or that consent has been withdrawn; (ii) a current or previous dating or social or sexual relationship by itself or the manner of dress of the person involved with the accused in the conduct at issue does not constitute consent; and (iii) lack of consent may be inferred based on all of the surrounding circumstances and must be considered in determining whether a person gave consent.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at mca.legmt.gov
Cited in 20 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- State v. Ellis (Montana Supreme Court 2009, 351 Mont. 95)“…he inability of a child under sixteen to consent to sex. Section 45-5-501, MCA. Notably both §§ 41-5-331 and 45-5-501,…”
- State v. Thompson (Montana Supreme Court 1990, 243 Mont. 28)“…tate failed to meet the element of "without consent1'under 5 45-5-501, MCA. I…”
- State v. Higley (Montana Supreme Court 1980, 190 Mont. 412)“…t h o u t c o n s e n t , " a s f o u n d i n s e c t i o n 45-5-501, MCA: "You are i n s t r u c t…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Age of Consent Laws by State: Statutes, Protections and Reporting, Montana Sexting Laws: Legal Consequences and Penalties
§ 45-5-503Sexual Intercourse Without ConsentIn forcecited in 3 of our articles
45-5-503. Sexual intercourse without consent. (1) A person who knowingly has sexual intercourse with another person without consent or with another person who is incapable of consent 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, as provided in 45-5-501(1)(b)(iv). (2) A person convicted of sexual intercourse without consent shall be punished by life imprisonment or by imprisonment in the state prison for a term of not more than 20 years and may be fined not more than $50,000, except as provided in 46-18-219, 46-18-222, and subsections (3), (4), and (5) of this section. (3) (a) If the victim is less than 16 years old and the offender is 4 or more years older than the victim or if the offender inflicts bodily injury on 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.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at mca.legmt.gov
Cited in 167 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- State v. Ariegwe (Montana Supreme Court 2007, 338 Mont. 442)“…xual intercourse without consent, a felony, in violation of § 45-5-503, MCA (2001), and Count II, unlawful transact…”
- State v. Brodniak (Montana Supreme Court 1986, 221 Mont. 212)“…out consent, Preston was raped not once, but several times. Section 45-5-503, MCA. Brodniak’s proposed instruction No. 12…”
- Hagan v. State (Montana Supreme Court 1994, 265 Mont. 31)“…empted sexual intercourse without consent, in violation of 5 45-5-503, MCA (1987). Hagan alleged that his convic…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 45-5-502Sexual AssaultIn forcecited in 4 of our articles
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. (2) Except as provided in subsections (3) and (4): (a) on a first conviction for sexual assault, the offender shall be fined an amount not to exceed $1,000 or be imprisoned in the county jail for a term not to exceed 1 year, or both; (b) on a second conviction for sexual assault, the offender shall be fined an amount not to exceed $5,000 or be imprisoned for a term not to exceed 5 years, or both; and (c) on a third and subsequent conviction for sexual assault, the offender shall be fined an amount not to exceed $10,000 or be imprisoned for a term not to exceed 10 years, or both.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at mca.legmt.gov
Cited in 134 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- State v. Alvin Duncan (Montana Supreme Court 2008, 343 Mont. 220)“…ern , ¶ 19. Here, three of the charges were brought under § 45-5-502, MCA. Two of the offenses involved the same…”
- State v. Legg (Montana Supreme Court 2004, 319 Mont. 362)“…to the offense of sexual assault, a felony in violation of § 45-5-502, MCA (2001). We affirm. ¶2 Legg rai…”
- State v. Cameron (Montana Supreme Court 1992, 253 Mont. 95)“…harged with two counts of felony sexual assault pursuant to § 45-5-502, MCA. On September 4, 1990, in the District…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Montana Expungement Laws: Misdemeanor Eligibility, Process, and Limits (2026)
§ 45-5-507IncestIn force
45-5-507. Incest. (1) A person commits the offense of incest if the person knowingly marries, cohabits with, has sexual intercourse with, or has sexual contact, as defined in 45-2-101, with an ancestor, a descendant, a brother or sister of the whole or half blood, a nephew or niece, or any stepson or stepdaughter. The relationships referred to in this subsection include blood relationships without regard to legitimacy, relationships of parent and child by adoption, and relationships involving a stepson or stepdaughter. (2) (a) Consent is a defense to incest with or upon a stepson or stepdaughter, but consent is ineffective if the stepson or stepdaughter is less than 18 years of age and the stepparent is 4 or more years older than the stepson or stepdaughter. (b) A person who is less than 18 years of age is not legally responsible or legally accountable for the offense of incest and is considered a victim of the offense of incest if the other person in the incestuous relationship is 4 or more years older than the victim.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at mca.legmt.gov
§ 45-2-101General DefinitionsIn forcecited in 9 of our articles
45-2-101. General definitions. Unless otherwise specified in the statute, all words must be taken in the objective standard rather than in the subjective, and unless a different meaning plainly is required, the following definitions apply in this title: (1) "Acts" has its usual and ordinary meaning and includes any bodily movement, any form of communication, and when relevant, a failure or omission to take action. (2) "Administrative proceeding" means a proceeding the outcome of which is required to be based on a record or documentation prescribed by law or in which a law or a regulation is particularized in its application to an individual. (3) "Another" means a person or persons other than the offender. (4) (a) "Benefit" means gain or advantage or anything regarded by the beneficiary as gain or advantage, including benefit to another person or entity in whose welfare the beneficiary is interested. (b) Benefit does not include an advantage promised generally to a group or class of voters as a consequence of public measures that a candidate engages to support or oppose.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at mca.legmt.gov
Cited in 54 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- State v. Smith (Montana Supreme Court 2004, 322 Mont. 206)“…n the intended victim of the serious bodily injury. ¶34 Section 45-2-101, MCA, defines “another” as, simply, “a perso…”
- State v. Haser (Montana Supreme Court 2001, 304 Mont. 63)“…other person." Under the general definitions provided under § 45-2-101, MCA, "sexual intercourse" includes "penetra…”
- State v. Stevens (Montana Supreme Court 2002, 311 Mont. 52)“…ingness to act, pursuant to §§ 45-5-501(1)(b)(ii) and 45-2-101, MCA, which defines “physically helpless.” H…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Montana Self-Defense Laws: Stand Your Ground & Castle Doctrine (2026), Stand Your Ground States: Rules in All 50 States and DC, Castle Doctrine States: Rules in All 50 States and DC
§ 45-5-504Indecent ExposureIn forcecited in 3 of our articles
45-5-504. Indecent exposure. (1) A person commits the offense of indecent exposure if the person knowingly or purposely exposes the person's genitals or intimate parts by any means, including electronic communication as defined in 45-5-625(5)(a), under circumstances in which the person knows the conduct is likely to cause affront or alarm in order to: (a) abuse, humiliate, harass, violate the dignity of, or degrade another; or (b) arouse or gratify the person's own sexual response or desire or the sexual response or desire of any person. (2) (a) A person convicted of the offense of indecent exposure shall be fined an amount not to exceed $500 or be imprisoned in the county jail for a term of not more than 6 months, or both. (b) On a second conviction, the person shall be fined an amount not to exceed $1,000 or be imprisoned in the county jail for a term of not more than 1 year, or both. (c) On a third or subsequent conviction, the person shall be fined an amount not to exceed $10,000 or be imprisoned in a state prison for a term of not more than 10 years, or both.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at mca.legmt.gov
Cited in 10 court opinions in our collectionLatest citing opinion in our collection: 2023
Opinions citing this section in our collection:
- State v. Meeks (Montana Supreme Court 2002, 312 Mont. 126)“…eeks with indecent exposure, a misdemeanor, in violation of § 45-5-504, MCA (1997), indecent exposure, a high misd…”
- State v. Waldrup (Montana Supreme Court 1994, 264 Mont. 456)“…ith four counts of indecent exposure, a felony pursuant to 5 45-5-504, MCA. The District Court dismissed the…”
- State v. David Ommundson (Montana Supreme Court 2008, 346 Mont. 263)“…ailed to establish the elements of indecent exposure under § 45-5-504, MCA (2005). Ommundson appeals the District…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Montana Pornography Laws (2026): No General Obscenity Ban, Montana Voyeurism Laws: Hidden Cameras, Peeping, and Penalties (2026)
§ 45-5-508Aggravated Sexual Intercourse Without ConsentIn force
45-5-508. Aggravated sexual intercourse without consent. (1) A person who uses force while knowingly having sexual intercourse with another person without consent or with another person who is incapable of consent commits the offense of aggravated sexual intercourse without consent. (2) A person convicted of aggravated sexual intercourse without consent shall be punished by life imprisonment or by imprisonment in the state prison for a term of not less than 10 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.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at mca.legmt.gov
Cited in 3 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- State v. T. Lafournaise (Montana Supreme Court 2022, 407 Mont. 399)“…ation amended Count I to aggravated SIWOC, in violation of § 45-5-508, MCA, and retained…”
- State v. T. Dillingham (Montana Supreme Court 2020, 402 Mont. 239)“…ony of Aggravated Sexual Intercourse without Consent under § 45-5-508, MCA, in connection with an encounter betwee…”
- State v. T. Lucero (Montana Supreme Court 2024, 544 P.3d 899)“…intercourse without consent (three counts) in violation of § 45-5-508, MCA; (3) partner/family member (PFM) stran…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 45-5-601Prostitution -- Patronizing Prostitute -- ExceptionIn force
45-5-601. Prostitution -- patronizing prostitute -- exception. (1) Except as provided in subsection (2)(a), the offense of prostitution is committed if a person engages in or agrees or offers to engage in sexual intercourse or sexual contact that is direct and not through clothing with another person for compensation, whether the compensation is received or to be received or paid or to be paid. (2) (a) A prostitute may be convicted of prostitution only if the prostitute engages in or agrees or offers to engage in sexual intercourse with another person for compensation, whether the compensation is received or to be received or paid or to be paid. A prostitute who is convicted of prostitution may be fined an amount not to exceed $500 or be imprisoned in the county jail for a term not to exceed 6 months, or both. (b) A patron may be convicted of patronizing a prostitute if the patron engages in or agrees or offers to engage in sexual intercourse or sexual contact that is direct and not through clothing with another person for compensation, whether the compensation is received or to be received or paid or to be paid.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at mca.legmt.gov
Cited in 2 court opinions in our collectionLatest citing opinion in our collection: 2018
Opinions citing this section in our collection:
- Patten v. Raddatz (Montana Supreme Court 1995, 271 Mont. 276)“…ion of [dangerous] drugs, both of which are illegal.” See §§ 45-5-601, MCA (sex in exchange for compensation is an…”
- DING (Board of Immigration Appeals 2018, 27 I. & N. Dec. 295)“…Code Ann. § 16-6-9 (1994); La. Stat. Ann. § 14:82A (1994); Mont. Code Ann. § 45-5-601(1) (1994); N.C. Gen. Stat. § 14-203 (19…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 45-5-622Endangering Welfare Of ChildrenIn forcecited in 2 of our articles
45-5-622. Endangering welfare of children. (1) (a) A parent, guardian, or other person supervising the welfare of a child less than 18 years old commits the offense of endangering the welfare of children if the parent, guardian, or other person knowingly endangers the child's welfare by violating a duty of care, protection, or support. (b) A parent or guardian of a child does not violate a duty of care, protection, or support by permitting the child to engage in independent activities consistent with the child's intellectual, emotional, and physical maturity, including: (i) traveling to and from school by walking, running, bicycling, public transit, or other means; (ii) traveling to and from nearby commercial or recreational facilities; (iii) engaging in outdoor play; (iv) remaining for less than 15 minutes in a vehicle if the temperature inside the vehicle is not or will not become dangerously hot or cold; (v) remaining at home if the parent or guardian: (A) returns home the same day on which the parent or guardian gives the child permission to remain at home; (B) makes provisions for the child to contact the parent or guardian; and (C) makes provisions for any…
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at mca.legmt.gov
Cited in 9 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- State v. Powers (Montana Supreme Court 1982, 198 Mont. 289)“…of care, protection or support is a misdemeanor in Montana. Section 45-5-622, MCA. Admissible bits of evidence to show a…”
- State v. Campbell (Montana Supreme Court 1981, 191 Mont. 75)“…a m i s - demeanor, i n v i o l a t i o n of s e c t i o n 45-5-622, MCA. A f t e r s e v e r a l c o n…”
- City of Three Forks v. Schillinger (Montana Supreme Court 2007, 340 Mont. 211)“…unts of endangering the welfare of a minor, in violation of § 45-5-622, MCA. The charges arose from a graduation p…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Montana Car Seat Laws (2026): Ages, Booster & 2025 Update
§ 45-5-625Sexual Abuse Of ChildrenIn forcecited in 4 of our articles
45-5-625. Sexual abuse of children. (1) A person commits the offense of sexual abuse of children if the person: (a) knowingly employs, uses, or permits the employment or use of a child in an exhibition of sexual conduct, actual or simulated; (b) knowingly photographs, films, videotapes, develops or duplicates the photographs, films, or videotapes, or records a child engaging in sexual conduct, actual or simulated; (c) knowingly, by any means of communication, including electronic communication or in person, persuades, entices, counsels, coerces, encourages, directs, or procures a child under 16 years of age or a person, including a law enforcement officer using an undercover or fictitious identity, whom the offender believes to be a child under 16 years of age to engage in sexual conduct, actual or simulated, or to view sexually explicit material or acts for the purpose of inducing or persuading a child to participate in any sexual activity that is illegal; (d) knowingly processes, develops, prints, publishes, transports, distributes, sells, exhibits, or advertises any visual or print medium, including a medium by use of electronic communication in which a child is engaged in…
Official text (excerpt) · last checked 2026-08-31 · Read the full text in our law library · Verify at mca.legmt.gov
Cited in 26 court opinions in our collectionLatest citing opinion in our collection: 2025
In the courts (editorial summary, independently checked):In State v. T. Brennan (2025) the Montana Supreme Court held that section 45-5-625(1)(a) reaches in-person sexualized viewing of a child, requiring no recording or payment, and reversed a dismissal. Griffin v. State (2003) held Ashcroft v. Free Speech Coalition inapplicable because subsection (1)(e) covers actual children.
Opinions citing this section in our collection:
- State v. Hamilton (Montana Supreme Court 2007, 338 Mont. 142)“…Wash. Rev. Code § 9.68A.090, is reasonably equivalent to § 45-5-625, MCA, sexual abuse of children. ¶8 A sex…”
- State v. T. Brennan (Montana Supreme Court 2025, 2025 MT 46)“…te v. Felde, 2021 MT 1, ¶ 16, 402 Mont. 391, 478 P.3d 825. Section 45-5-625, MCA, broadly prohibits the victimization of…”
- City of Great Falls v. M.K. Enterprises, Inc. (Montana Supreme Court 1987, 225 Mont. 292)“…oths have existed in Great Falls. It is a crime in Montana, Section 45-5-625, MCA, to use a child for or to expose him to…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Montana Deepfake Laws: AI Images, Voice Cloning & Penalties (2026)
§ 45-5-629Grooming Of Child For Sexual OffenseIn force
45-5-629. Grooming of child for sexual offense. (1) A person commits the offense of grooming of a child for a sexual offense if the person purposely or knowingly engages in a pattern of grooming behavior, including in-person or electronic communication, aimed at a child or the child's guardian with the intent to: (a) manipulate the child into engaging in sexual conduct, actual or simulated; (b) coerce or entice a child under 16 years of age to meet in person to engage in sexual conduct, actual or simulated; (c) distribute or facilitate access to sexually explicit material; or (d) exploit a position of authority to develop an intimate or secretive relationship with a minor. (2) (a) Except as provided in subsection (2)(b) or subsection (3), a person convicted of the offense of grooming of a child for a sexual offense shall be imprisoned in the state prison for a term not to exceed 10 years and may be fined not more than $10,000.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at mca.legmt.gov
§ 45-5-705Patronizing Victim Of Sex TraffickingIn force
45-5-705. Patronizing victim of sex trafficking. (1) A person commits the offense of patronizing a victim of sex trafficking if the person purposely or knowingly gives, agrees to give, or offers to give anything of value so that a person may engage in commercial sexual activity that involves sexual contact that is direct and not through clothing with another person who the person knows or reasonably should have known is a victim of sex trafficking. (2) Except as provided in subsection (3), a person convicted of the offense of patronizing a victim of sex trafficking shall: (a) for the first offense, be imprisoned in the state prison for a term of not more than 15 years, fined in the amount of $400,000, or both; or (b) for a second or subsequent offense, be imprisoned in the state prison for a term of not less than 2 years or more than 15 years, fined in the amount of $400,000, or both.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at mca.legmt.gov
§ 45-5-711Child Sex TraffickingIn force
45-5-711. Child sex trafficking. (1) A person commits the offense of child sex trafficking by purposely or knowingly: (a) committing the offense of sex trafficking with a child; or (b) recruiting, transporting, transferring, harboring, receiving, providing, obtaining, isolating, maintaining, enticing, or using a child, or in the case of recruiting or enticing, a person, including a law enforcement officer using an undercover or fictitious identity, whom the offender believes to be a child, for the purposes of commercial sexual activity. (2) (a) A person convicted of the offense of child sex trafficking shall be imprisoned in the state prison for a term of 100 years. The court may not suspend execution or defer imposition of the first 25 years of a sentence of imprisonment imposed under this subsection (2)(a) except as provided in 46-18-222(1) through (4). During the first 25 years of imprisonment, the offender is not eligible for parole. The exceptions provided in 46-18-222(5) and (6) do not apply.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at mca.legmt.gov
Montana Code Annotated, Title 46
§ 46-23-502DefinitionsIn forcecited in 2 of our articles
46-23-502. Definitions. As used in Title 45, chapter 5, part 3 and parts 5 through 7, 46-18-255, and this part, the following definitions apply: (1) "Department" means the department of corrections provided for in 2-15-2301. (2) "Foreign offenses" means a conviction for a sexual offense involving any of the conduct listed in this section that was obtained under the laws of Canada, the United Kingdom, Australia, or New Zealand, or under the laws of any foreign country when the United States department of state, in its country reports on human rights practices, has concluded that an independent judiciary generally or vigorously enforced the right to a fair trial in that country during the year in which the conviction was obtained. (3) "Mental abnormality" means a congenital or acquired condition that affects the mental, emotional, or volitional capacity of a person in a manner that predisposes the person to the commission of one or more sexual offenses to a degree that makes the person a menace to the health and safety of other persons. (4) "Municipality" means an entity that has incorporated as a city or town.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at mca.legmt.gov
Cited in 24 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- City of Bozeman v. Cantu (Montana Supreme Court 2013, 369 Mont. 81)“…ere charged with a sexual or violent offense as defined in § 46-23-502, MCA. Cantu argues that because his offense…”
- State v. Holt (Montana Supreme Court 2011, 359 Mont. 308)“…nder consideration was not a “sexual offense” as defined in § 46-23-502, MCA, the District Court should not have att…”
- In re C.D.H. (Montana Supreme Court 2009, 349 Mont. 1)“…r July 1,1989. See Compiler’s Comments to §§ 41-5-1513 and 46-23-502, MCA. ¶25 C.D.H. contends that the court c…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 46-23-506Duty Of Registration -- Duration, Frequency, Reduction, And ReliefIn force
46-23-506. Duty of registration -- duration, frequency, reduction, and relief. (1) A sexual offender required to register under this part shall register for the remainder of the sexual offender's life, except as provided in subsection (3) or during a period of time during which the sexual offender is in prison. (2) (a) A violent offender required to register under this part shall register for the 10 years following release from confinement or, if not confined following sentencing, for the 10 years following the conclusion of the sentencing hearing and after registering for 10 years, is automatically relieved of the duty to register unless convicted as provided in subsection (2)(b). (b) If convicted during the 10-year period provided in subsection (2)(a) of failing to register or keep registration current or of a felony, the violent offender shall register for the remainder of the violent offender's life unless relieved of the duty to register as provided in subsection (2)(e). (c) When a violent offender is relieved of the duty to register under subsection (2)(a), the department of justice shall remove the violent offender from the registry.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at mca.legmt.gov
Cited in 15 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- State v. Sedler (Montana Supreme Court 2020, 401 Mont. 437)“…ue process rights and is facially unconstitutional. ¶7 Section 46-23-506, MCA, prescribes the period of time a violen…”
- In re M.W. (Montana Supreme Court 2012, 364 Mont. 211)“…f fact, order a lesser duration of registration. In turn, §46-23-506, MCA, which is part of the adult sexual offe…”
- W. Cooper v. DOJ, DCI (Montana Supreme Court 2026, 2026 MT 4)“…er in Montana was a petition for removal under § 46-23-506, MCA, and not a petition for a writ of…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 46-23-509Psychosexual Evaluations And Sexual Offender DesignationsIn force
46-23-509. Psychosexual evaluations and sexual offender designations. (1) Prior to sentencing of a person convicted of a sexual offense, a sexual offender evaluator who has a license endorsement as provided for in 37-1-139 shall provide the court with a psychosexual evaluation report recommending one of the following levels of designation for the offender: (a) level 1, the risk of a repeat sexual offense is low; (b) level 2, the risk of a repeat sexual offense is moderate; (c) level 3, the risk of a repeat sexual offense is high, there is a threat to public safety, and the sexual offender evaluator believes that the offender is a sexually violent predator. (2) Upon sentencing the offender, the court shall: (a) review the psychosexual evaluation report, any statement by a victim, and any statement by the offender; (b) designate the offender as level 1, 2, or 3; and (c) designate a level 3 offender as a sexually violent predator.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at mca.legmt.gov
Cited in 16 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- State v. Passmore (Montana Supreme Court 2010, 355 Mont. 187)“…The court designated Passmore a Level 1 sex offender, see § 46-23-509, MCA, and sentenced him to 35 years in the…”
- City of Bozeman v. Cantu (Montana Supreme Court 2013, 369 Mont. 81)“…that he may be branded with a tier-level designation (see § 46-23-509, MCA). Cantu misunderstands the nature…”
- State v. Hill (Montana Supreme Court 2009, 350 Mont. 296)“…strict Court from designating him a Level 3 offender. ¶42 Section 46-23-509, MCA, provides: *306 (2) Prior to sentenc…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
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Sources and References
- MCA 45-5-501 (Definitions; incapable of consent)(mca.legmt.gov).gov
- MCA 45-5-502 (Sexual assault)(mca.legmt.gov).gov
- MCA 45-5-503 (Sexual intercourse without consent)(mca.legmt.gov).gov
- MCA 45-5-507 (Incest)(mca.legmt.gov).gov
- MCA 45-5-508 (Aggravated sexual intercourse without consent)(mca.legmt.gov).gov
- MCA 45-5-625 (Sexual abuse of children)(mca.legmt.gov).gov
- MCA 45-5-629 (Grooming of child for sexual offense)(mca.legmt.gov).gov
- MCA 45-5-601 (Prostitution; patronizing)(mca.legmt.gov).gov
- MCA 45-5-711 (Child sex trafficking)(mca.legmt.gov).gov
- MCA 45-5-705 (Patronizing victim of sex trafficking)(mca.legmt.gov).gov
- MCA 45-2-101 (General definitions; child)(mca.legmt.gov).gov
- MCA 46-23-502 (Sexual offender definitions)(mca.legmt.gov).gov
- MCA 46-23-506 (Duration of registration and relief)(mca.legmt.gov).gov
- MCA 46-23-509 (Psychosexual evaluations and designations)(mca.legmt.gov).gov
- 2025 HB 82, Chapter 102, Laws of 2025 (grooming; crimes against children)(archive.legmt.gov).gov
- 2025 SB 348, Chapter 602, Laws of 2025 (sexual assault penalties)(archive.legmt.gov).gov
- 2025 HB 578, Chapter 463, Laws of 2025 (restitution)(archive.legmt.gov).gov
- Montana DPHHS Child and Family Services Division: report child abuse(dphhs.mt.gov).gov
- section 45-5-504(3)(mca.legmt.gov).gov
- section 45-5-622(2)(b)(ii)(mca.legmt.gov).gov