Montana Laws on Rape

Unless otherwise specified, a person convicted of rape faces a sentence of life in prison, a period of not more than 20 years in jail, and/or a fine of not more than $50,000.

The offender shall be punished with life imprisonment, or imprisonment for less than 4 years or more than 100 years, and may be fined not more than $50,000, unless otherwise provided, if the victim is 16 years of age or younger and the offender is 4 years or more older than the victim. The offender shall also be punished if the offender causes bodily harm to anyone while engaging in sexual activity without the consent of the other party.

If the offender was previously found guilty of an offense under this section, an offense under the laws of another state or the United States that, if committed in this state, would be an offense under this section, and if the offender caused serious bodily harm to a person while committing each offense, the offender shall be punished by death as provided in certain sections, unless the offender was under the age of 18 at the time of the commission.

If the victim was 12 years of age or younger and the offender was 18 years of age or older at the time of the offense, the offender:

  • Shall get a sentence of 100 years in jail. The first 25 years of this sentence of incarceration cannot be delayed or suspended by the court, and the criminal is not eligible for parole during this time.

  • May be fined an amount not to exceed $50,000.

  • Shall be ordered to complete a sexual offender treatment program.

  • If the perpetrator is freed after serving the minimal amount of time in jail, the department of prisons will continue to supervise them for the rest of their lives, and they must take part in a monitoring program.

If the victim is at least 14 years of age and the offender is 18 years of age or younger, the offender may be punished by imprisonment of not more than 5 years and may be fined not more than $10,000 if:

  • The perpetrator has never been convicted or found guilty of a sexual offense before.

  • The court determines that relief from registration is in the best interests of the public and that registration is not essential for the protection of the public based on a psychosexual evaluation of the offender.

  • The court concludes that the claimed behavior was consenting because it was demonstrated by verbal or overt behaviors that showed a freely given consent to engage in sexual activity or contact.


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