Montana § 45-5-116 Harm To Fetus Of Another -- Exceptions

Montana Statutes

§ 45-5-116 — Harm To Fetus Of Another -- Exceptions

Montana § 45-5-116

Title 45CRIMES

Ch. 5OFFENSES AGAINST THE PERSON

Part 1Homicide

This text of Montana § 45-5-116 (Harm To Fetus Of Another -- Exceptions) 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. § 45-5-116 (2026).

Text

45-5-116 . Harm to fetus of another -- exceptions.

(1)A prosecution for a violation of 45-5-102 or 45-5-103 with regard to the death of a fetus of another may not be brought against:

(a)a person for conduct relating to an abortion for which the consent of the pregnant woman or a person authorized by law to act on her behalf has been obtained or for which the consent is implied by law;

(b)a person for any medical treatment of the pregnant woman or her fetus; or

(c)a woman with respect to her fetus.

(2)A prosecution for or conviction of an offense under 45-5-102 or 45-5-103 is not a bar to conviction of or punishment for any other crime committed by the defendant as part of the same conduct.

(3)As used in 45-5-102 , 45-5-103 , and this section, "fetus" means an organism of the species

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45-5-116 . Harm to fetus of another -- exceptions. (1) A prosecution for a violation of 45-5-102 or 45-5-103 with regard to the death of a fetus of another may not be brought against:
(a) a person for conduct relating to an abortion for which the consent of the pregnant woman or a person authorized by law to act on her behalf has been obtained or for which the consent is implied by law;
(b) a person for any medical treatment of the pregnant woman or her fetus; or
(c) a woman with respect to her fetus.
(2) A prosecution for or conviction of an offense under 45-5-102 or 45-5-103 is not a bar to conviction of or punishment for any other crime committed by the defendant as part of the same conduct.
(3) As used in 45-5-102 , 45-5-103 , and this section, "fetus" means an organism of the species Homo sapiens from 8 weeks of development until complete expulsion or extraction from a woman's body.