Montana Code § 45-2-211

Consent As Defense
Open in Lexace · Ask the AI about this section
45-2-211 . Consent as defense. (1) The consent of the victim to conduct charged to constitute an offense or to the result thereof is a defense. (2) Consent is ineffective if: (a) it is given by a person who is legally incompetent to authorize the conduct charged to constitute the offense; (b) it is given by a person who by reason of youth, mental disease or disorder, or intoxication is unable to make a reasonable judgment as to the nature or harmfulness of the conduct charged to constitute the offense; (c) it is induced by force, duress, or deception; (d) it is against public policy to permit the conduct or the resulting harm, even though consented to; or (e) for offenses under 45-5-502 , 45-5-503 , 45-5-508 , 45-5-601 , or Title 45, chapter 5, part 7, it is given by a person who the offender knew or reasonably should have known was a victim of human trafficking, as defined in 45-5-701 , or was subjected to force, fraud, or coercion, either of which caused the person to be in the situation where the offense occurred.

‹ Prev All Montana sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.