AgeOfConsent
Montana Age of Consent Laws 2024
What is the Montana Age of Consent?
The Montana Age of Consent is 16 years old. In the United States, the age of consent is the minimum age at which an individual is considered legally old enough to consent to participation in sexual activity. Individuals aged 15 or younger in Montana are not legally able to consent to sexual activity, and such activity may result in prosecution for statutory rape.
Montana statutory rape law is violated when a person has consensual sexual intercourse with an individual under age 16.
Montana does not have a close-in-age exemption. Close in age exemptions, commonly known as "Romeo and Juliet laws", are put in place to prevent the prosecution of individuals who engage in consensual sexual activity when both participants are significantly close in age to each other, and one or both partners are below the age of consent.
Because there is no such "Romeo and Juliet law" in Montana, it is possible for two individuals both under the age of 16 who willingly engage in intercourse to both be prosecuted for statutory rape, although this is rare. Similarly, no protections are reserved for sexual relations in which one participant is a 15 year old and the second is a 16 or 17 year old.
Age of Consent across the United States
The Age of Consent ranges state-by-state from 16 to 18 years old across the United States. Click the map to view any state's age of consent laws.
Age Of Consent:
16 years old17 years old
18 years old
Punishments for Violating the Age Of Consent in Montana
Montana has six statutory sexual abuse charges on the books which are used to prosecute age of consent and child abuse related crimes within the state. One or more of these charges may be used to prosecute violations of the Montana Age of Consent, as statutory rape or the Montana equivalent of that charge.
The severity of the criminal charge (felony, misdemeanor, etc) depends on the specifics of the acts committed and the relative ages of the perpetrator and victim. Click any charge for more detailed information.
| Criminal Charge | Severity | Punishment |
|---|---|---|
| Incest | Imprisonment for a term of 100 years, a fine not to exceed $50,000, and shall be ordered to complete the educational, cognitive and behavioral phases of a sexual offender treatment program; and if offender is released after the mandatory minimum period of imprisonment (25 years), offender is subject to supervision by the department of corrections for the remainder of the offender’s life and shall participate in continuous, satellite-based monitoring; Life imprisonment or imprisonment for a term of not less than four years or more than 100 years and a fine not to exceed $50,000 | |
| Ritual abuse of minors | For a second or subsequent offense, punishable by imprisonment for any term of not less than two years or more than 40 years and a fine not to exceed $50,000, or both. In addition, after determining the financial resources and future ability of the offender to pay restitution, the court shall require the offender, if able, to pay victim’s reasonable costs of counseling that result from the offense.; Imprisonment for a term of not less than two years or more than 20 years and a fine not to exceed $50,000, or both. | |
| Sexual abuse of children | (a) Punishable by imprisonment for a term of 100 years, a fine not to exceed $50,000, and shall be ordered to complete the educational, cognitive and behavioral phases of a sexual offender treatment program; and (b) if offender is released after the mandatory minimum period of imprisonment, offender is subject to supervision by the department of corrections for the remainder of the offender’s life and shall participate in continuous, satellite-based monitoring; Life imprisonment or by imprisonment for a term of not less than four years or more than 100 years and a fine not to exceed $10,000; Life imprisonment, or imprisonment for a term not to exceed 100 years, and a fine not to exceed $10,000 | |
| Sexual abuse of children for the possession of material | Imprisonment for a term not to exceed 10 years and a fine not to exceed $10,000, or both | |
| Sexual Assault | 2 to 100 years and fine of up to $50,000 | |
| Sexual Intercourse Without Consent | 4 to 100 years and fine of up to $50,00 |
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