Montana § 45-2-211 Consent As Defense

Montana Statutes

§ 45-2-211 — Consent As Defense

Montana § 45-2-211

Title 45CRIMES

Ch. 2GENERAL PRINCIPLES OF LIABILITY

Part 2Other Factors Affecting Individual Liability

This text of Montana § 45-2-211 (Consent As Defense) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 45-2-211 (2026).

Text

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 offen

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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.

Legislative History

En. 94-2-111 by Sec. 1, Ch. 513, L. 1973; amd. Sec. 13, Ch. 359, L. 1977; R.C.M. 1947, 94-2-111 ; amd. Sec. 7, Ch. 161, L. 2015; amd. Sec. 1, Ch. 308, L. 2019; amd. Sec. 8, Ch. 167, L. 2023.