UNAPPROVED DRAFT BILL -- Subject to Change Without Notice!
BILL NO.
INTRODUCED BY
(Primary Sponsor)
A BILL FOR AN ACT ENTITLED: "AN ACT REVISING THE PROVISION IN THE SEXUAL ASSAULT AND SEXUAL INTERCOURSE WITHOUT CONSENT LAWS TO PROVIDE THAT CONSENT IS NOT EFFECTIVE IF THE VICTIM IS RECEIVING SOCIAL SERVICES AND THE PERPETRATOR IS A DEPARTMENT OF PUBLIC HEALTH AND HUMAN SERVICES EMPLOYEE OR AN EMPLOYEE OF A CHILD WELFARE MENTAL HEALTH OR OTHER SOCIAL SERVICE FACILITY PROVIDING SERVICES TO THE VICTIM; AND AMENDING SECTIONS 45-5-501 AND 45-5-502, MCA."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 45-5-501, MCA, is amended to read:
"45-5-501. Definition. (1) As used in 45-5-503, the term "without consent" means:
(a) the victim is compelled to submit by force against the victim or another; or
(b) the victim is incapable of consent because the victim is:
(i) mentally defective or incapacitated;
(ii) physically helpless;
(iii) overcome by deception, coercion, or surprise;
(iv) less than 16 years old; or
(v) incarcerated in an adult or juvenile correctional, detention, or treatment facility and the perpetrator is an employee, contractor, or volunteer of the facility and has supervisory or disciplinary authority over the victim, unless the act is part of a lawful search; or
(vi) a recipient of social services and the perpetrator is an employee of the department of public health and human services or an employee of a child welfare mental health or other social service facility providing services to the victim.
(2) As used in subsection (1), the term "force" means:
(a) the infliction, attempted infliction, or threatened infliction of bodily injury or the commission of a forcible felony by the offender; or
(b) the threat of substantial retaliatory action that causes the victim to reasonably believe that the offender has the ability to execute the threat."
Section 2. Section 45-5-502, MCA, is amended to read:
"45-5-502. Sexual assault. (1) A person who knowingly subjects another person to any sexual contact without consent commits the offense of sexual assault.
(2) A person convicted of sexual assault shall be fined not to exceed $500 or be imprisoned in the county jail for a term not to exceed 6 months, or both.
(3) If the victim is less than 16 years old and the offender is 3 or more years older than the victim or if the offender inflicts bodily injury upon anyone in the course of committing sexual assault, the offender shall be punished by life imprisonment or by imprisonment in the state prison for a term of not less than 4 years, unless the judge makes a written finding that there is good cause to impose a term of less than 4 years and imposes a term of less than 4 years, or more than 100 years and may be fined not more than $50,000.
(4) An act "in the course of committing sexual assault" includes an attempt to commit the offense or flight after the attempt or commission.
(5) Consent is ineffective under this section if:
(a) the victim is incarcerated in an adult or juvenile correctional, detention, or treatment facility and the perpetrator is an employee, contractor, or volunteer of the facility and has supervisory or disciplinary authority over the victim, unless the act is part of a lawful search;
(b) the victim is a recipient of social services and the perpetrator is an employee of the department of public health and human services or an employee of a child welfare mental health or other social service facility providing services to the victim; or
(b)(c) the victim is less than 14 years old and the offender is 3 or more years older than the victim."
- END -
Latest Version of LC 1575 (LC1575.01)
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