Montana Statutes
§ 45-5-116 — Harm To Fetus Of Another -- Exceptions
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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Legislative History
En. Secs. 3 thru 5, Ch. 271, L. 2013.
Nearby Sections
15
§ 45-5-101
Repealed§ 45-5-102
Deliberate Homicide§ 45-5-103
Mitigated Deliberate Homicide§ 45-5-104
Negligent Homicide§ 45-5-105
Aiding Or Soliciting Suicide§ 45-5-106
Vehicular Homicide While Under Influence§ 45-5-108
Through 45-5-110 Reserved§ 45-5-112
Inference Of Mental State§ 45-5-113
Through 45-5-115 Reserved§ 45-5-116
Harm To Fetus Of Another -- Exceptions§ 45-5-201
Assault§ 45-5-202
Aggravated Assault§ 45-5-203
Intimidation