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What is Statutory Rape Law and Punishments in Montana?

Any individual engaged in any sexual activity with under 16 years of age children could be prosecuted on charges of statutory rape in the state of Montana. The age of consent in the state is 16 years. Lawmakers in the country have deemed any younger children not capable of being consent to any sexual intercourse. When it comes to statutory rape cases, the determining fact is the victim's age and it is immaterial as to whether the underage individual has consented to or even pursued that particular sexual relationship.

It is to be kept in mind that any person who has forced sex acts on others or without consent may be charged and convicted of assault or sex crimes or both.

Statutory rape laws in Montana

Sexual intercourse sans consent. As per laws in Montana, rape is termed "sexual intercourse without consent". The crime is inclusive of statutory rape. Any person engaged in any sexual intercourse with any child below 16 years of age commits the heinous crime of sexual intercourse sans any consent.

Montana Statutory Rape Law
This crime is subjected to harsher punishment if the defendant is found to be four years or more compared to the victim. The rape of any child below 12 years of age calls for harsh punishment. To give an example, any person who had sex with 15 years old could be then convicted of the crime of statutory rape but the prison term of a 25-year-old would be much more than of a 17-year-old.

Sexual assault. This crime is considered in Montana a lesser severe crime compared to sexual intercourse sans consent. An individual could commit sexual assault if the person concerned engages in any sexual conduct other than sexual intercourse with any child below 14 years of age. The defendant must be a minimum of three years older than the victim. To give an example, a 17-year-old defendant who has fondled a 13-year child can be subjected to a sexual assault conviction.

Statutory Rape Law Montana

Potential punishments for statutory rape in Montana

Sexual intercourse sans consent is usually punishable by 20 years of incarceration or life imprisonment. Those convicted may even have to pay a fine up to a maximum of $50,000. In case the age of the victim was minimum 14 years, and the defendant has reached the age of 18 years or younger at time of the said sexual activity, then the crime carries a maximum prison sentence of five years and a monetary fine up to $10,000 provided all of the following applies:

  • There was no sexual assault in the prior record of the defendant
  • The defendant has been subjected to psychosexual evaluation, and it was determined by the court that there is no need for the defendant to be registered as a sex offender
  • The court discovered that the sex could be considered consensual

In case it is found that the defendant is a minimum of four years elder to the child, then that crime could be punishable from as little as four years to a maximum of 100 years' or a life sentence. The convict may have to pay the fine of an amount not exceeding $50,000. In case the child is below 12 years of age, and the defendant above 18, the rape of a child is punishable up to 100 years' incarceration. If there is a sexual activity, but not intercourse with a child below 14 years of age, then the crime carries four years' imprisonment to life. There could be a monetary fine of $50,000.

Montana Rape Laws

Montana Sex Offender Search

Performing a Montana sex offender search can help you discover if certain people in your life are registered sex offenders. The information about registered sex offenders is available online thanks to public records that have been logged on the internet. So, you can perform an online sex offender search that will reveal who has violated Montana statutory rape laws.

To perform a quick and accurate search, you need to use a professional public records search, like GoLookUp. There are two main directories that can help you track down people who are registered as sex offenders; the first one is a zip code search where you need to enter a Montana zip code into the directory. Then, the website will scan public records, and provide you with a list of the sex offenders in that area. The list includes all the public records information about sex offenders, including their names, mugshots, sex crimes, and more.

Also, you can perform a narrow search to find if a particular person is a registered sex offender; in this criminal records directory, you will need to enter the name of a person of interest. The search engine will scan public records, and you will get a criminal records' report that includes the said person's criminal history – including sex offender registries.