Mont. Code Ann. » TITLE 45. CRIMES · CHAPTER 5. OFFENSES AGAINST THE PERSON · Part 5. Sexual Crimes
Montana Code Annotated

Mont. Code Ann. § 45-5-502 (2026)

Sexual Assault

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 45
  3. CHAPTER 5
  4. Part 5
  5. 45-5-502 Sexual assault

TITLE 45. CRIMES

CHAPTER 5. OFFENSES AGAINST THE PERSON

Part 5. Sexual Crimes

Sexual Assault

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) Except as provided in subsections (3) and (4):

(a) on a first conviction for sexual assault, the offender shall be fined an amount not to exceed $1,000 or be imprisoned in the county jail for a term not to exceed 1 year, or both;

(b) on a second conviction for sexual assault, the offender shall be fined an amount not to exceed $5,000 or be imprisoned for a term not to exceed 5 years, or both; and

(c) on a third and subsequent conviction for sexual assault, the offender shall be fined an amount not to exceed $10,000 or be imprisoned for a term not to exceed 10 years, 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) If the victim is a client receiving psychotherapy services and the offender is providing or purporting to provide psychotherapy services to the victim, 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.

(5) An act "in the course of committing sexual assault" includes an attempt to commit the offense or flight after the attempt or commission.

(6) (a) Subject to subsections (6)(b) through (6)(f), consent is ineffective under this section if the victim is:

(i) incarcerated in an adult or juvenile correctional, detention, or treatment facility or is on probation, conditional release, or parole and the perpetrator is an employee, contractor, or volunteer of the supervising authority and has supervisory or disciplinary authority over the victim, unless the act is part of a lawful search;

(ii) less than 14 years old and the offender is 3 or more years older than the victim;

(iii) receiving services from a youth care facility, as defined in 52-2-602, and the perpetrator:

(A) has supervisory or disciplinary authority over the victim or is providing treatment to the victim; and

(B) is an employee, contractor, or volunteer of the youth care facility;

(iv) admitted to a mental health facility, as defined in 53-21-102, is admitted to a community-based facility or a residential facility, as those terms are defined in 53-20-102, or is receiving community-based services, as defined in 53-20-102, and the perpetrator:

(A) has supervisory or disciplinary authority over the victim or is providing treatment to the victim; and

(B) is an employee, contractor, or volunteer of the facility or community-based service;

(v) a program participant, as defined in 52-2-802, in a private alternative adolescent residential or outdoor program, pursuant to Title 52, chapter 2, part 8, and the perpetrator is a person associated with the program, as defined in 52-2-802;

(vi) the victim is a client receiving psychotherapy services and the perpetrator:

(A) is providing or purporting to provide psychotherapy services to the victim; or

(B) is an employee, contractor, or volunteer of a facility that provides or purports to provide psychotherapy services to the victim and the perpetrator has supervisory or disciplinary authority over the victim; or

(vii) a student of an elementary, middle, junior high, or high school, whether public or nonpublic, and the perpetrator is not a student of an elementary, middle, junior high, or high school and is an employee, contractor, or volunteer of any school who has ever had instructional, supervisory, disciplinary, or other authority over the student in a school setting.

(b) Subsection (6)(a)(i) does not apply if one of the parties is on probation, conditional release, or parole and the other party is a probation or parole officer of the supervising authority and the parties are married to each other.

(c) Subsections (6)(a)(iii) and (6)(a)(iv) do not apply if the individuals are married to each other and one of the individuals involved is a patient in or resident of a facility, is a recipient of community-based services, or is receiving services from a youth care facility and the other individual is an employee, contractor, or volunteer of the facility or community-based service.

(d) Subsection (6)(a)(v) does not apply if the individuals are married to each other and one of the individuals involved is a program participant and the other individual is a person associated with the program.

(e) Subsection (6)(a)(vi) does not apply if the individuals are married to each other and one of the individuals involved is a psychotherapy client and the other individual is a psychotherapist or an employee, contractor, or volunteer of a facility that provides or purports to provide psychotherapy services to the client.

(f) Subsection (6)(a)(vii) does not apply if the individuals are married to each other.

History: En. 94-5-502 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-5-502; amd. Sec. 1, Ch. 687, L. 1979; amd. Sec. 7, Ch. 198, L. 1981; amd. Sec. 1, Ch. 172, L. 1985; amd. Sec. 1, Ch. 564, L. 1991; amd. Sec. 2, Ch. 687, L. 1991; amd. Sec. 1, Ch. 550, L. 1995; amd. Sec. 2, Ch. 84, L. 1999; amd. Sec. 1, Ch. 450, L. 2003; amd. Sec. 2, Ch. 321, L. 2007; amd. Sec. 2, Ch. 335, L. 2007; amd. Sec. 1, Ch. 46, L. 2011; amd. Sec. 2, Ch. 181, L. 2019; amd. Sec. 25, Ch. 344, L. 2019; amd. Sec. 2, Ch. 346, L. 2019; amd. Sec. 1, Ch. 205, L. 2023; amd. Sec. 1, Ch. 602, L. 2025.

Notes of Decisions
Cited in 228 cases (40 in the last 5 years), 1979–2026 · leading case: State v. Ghostbear, 338 P.3d 25 (Mont. 2014).
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State v. Ghostbear, 338 P.3d 25 (Mont. 2014). · cites it 121× “The important distinction between the present case and Baker is that Baker was charged with a violation of § 45-5-502, MCA, while Ghostbear was specifically charged with a violation of § 45-5-502(3), MCA, a felony.”
State v. Baker, 2000 MT 235 (Mont. 2000). · cites it 80× “Did the District Court abuse its discretion in denying Baker's motion for a directed verdict? BACKGROUND ¶ 6 Baker was charged by information with the offense of sexual assault, in violation of § 45-5-502, MCA, for allegedly having nonconsensual sexual contact with a…”
State v. Weaver, 1998 MT 167 (Mont. 1998). · cites it 20× “Factual and Procedural Background ¶ 7 Weaver was charged by information with four counts of sexual assault in violation of § 45-5-502(1), MCA. Weaver had been a volunteer with the Big Brothers/Big Sisters program (Big Brothers) in Whitefish since 1984.”
State v. Rogers, 2007 MT 227 (Mont. 2007). · cites it 30× “¶ 1 Appellant Rusty Rogers (Rogers) was charged with two counts of felony sexual assault upon two child victims, in violation of § 45-5-502, MCA. The two children, L.W. and E.”
State v. Alvin Duncan, 2008 MT 148 (Mont. 2008). · cites it 14× “Here, three of the charges were brought under § 45-5-502, MCA. Two of the offenses involved the same victim, Duncan’s stepdaughter.”
United States v. Juv. Male, 2011 MT 104 (Mont. 2011). · cites it 22× “" Section 45-5-502(1), MCA (2001). "Sexual contact" includes touching of the genital parts of another "directly or through clothing, in order to knowingly or purposely: (a) cause bodily injury to or humiliate, harass, or degrade another; or (b) arouse or gratify the sexual…”
State v. Kern, 2003 MT 77 (Mont. 2003). · cites it 23× “sexual contact without consent” in violation of § 45-5-502, MCA (1999). The District Court did not abuse its discretion in holding that the affidavit alleged facts sufficient to establish “a mere probability’ that Kern committed the offense.”
State v. Legg, 2004 MT 26 (Mont. 2004). · cites it 12× “¶ 1 The defendant, Charles Legg (Legg), appeals from the sentence imposed by the Montana Twenty-Second Judicial District Court, Carbon County, following his plea of guilty to the offense of sexual assault, a felony in violation of § 45-5-502, MCA (2001). We affirm. ¶ 2 Legg…”
State v. Clark, 2008 MT 391 (Mont. 2008). · cites it 16× “(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…”
State v. Eiler, 762 P.2d 210 (Mont. 1988). · cites it 12× “Defendant Jerry Eiler appeals his jury conviction of sexual assault in violation of § 45-5-502, MCA, in the Twelfth Judicial District, Hill County, Montana.”
State v. Price, 622 P.2d 160 (Mont. 1980). · cites it 30× “Defendant was convicted of violating section 45-5-502, MCA. Neither this statute nor any other applicable statute, provided that consent is ineffective if the victim is under a certain age.”
State v. Krum, 2007 MT 229 (Mont. 2007). · cites it 11× “The term was suspended with the exception of two years, as provided for under § 45-5-502 at the time. Section 45-5-502(3), MCA (2001).”
Show all 228 citing cases →
— Mont. Code Ann. § 45-5-502(1) — 68 cases
State v. Weaver, 1998 MT 167 (Mont. 1998). “Factual and Procedural Background ¶ 7 Weaver was charged by information with four counts of sexual assault in violation of § 45-5-502(1), MCA. Weaver had been a volunteer with the Big Brothers/Big Sisters program (Big Brothers) in Whitefish since 1984.”
State v. Ghostbear, 338 P.3d 25 (Mont. 2014). “The important distinction between the present case and Baker is that Baker was charged with a violation of § 45-5-502, MCA, while Ghostbear was specifically charged with a violation of § 45-5-502(3), MCA, a felony.”
State v. Bomar, 2008 MT 91 (Mont. 2008).
State v. Stevens, 2002 MT 181 (Mont. 2002).
State v. Gerstner, 2009 MT 303 (Mont. 2009).
— Mont. Code Ann. § 45-5-502(1)(3) — 6 cases
State v. Wright, 2001 MT 282 (Mont. 2001).
State v. Ghostbear, 338 P.3d 25 (Mont. 2014). “The important distinction between the present case and Baker is that Baker was charged with a violation of § 45-5-502, MCA, while Ghostbear was specifically charged with a violation of § 45-5-502(3), MCA, a felony.”
State v. Ghostbear, 2014 MT 192 (Mont. 2014).
State v. Merritt, 377 Mont. 91 (Mont. 2014).
State v. Alderman, 2009 MT 51N (Mont. 2009).
— Mont. Code Ann. § 45-5-502(2) — 5 cases
State v. Baker, 2000 MT 235 (Mont. 2000). “Did the District Court abuse its discretion in denying Baker's motion for a directed verdict? BACKGROUND ¶ 6 Baker was charged by information with the offense of sexual assault, in violation of § 45-5-502, MCA, for allegedly having nonconsensual sexual contact with a…”
State v. Ghostbear, 338 P.3d 25 (Mont. 2014). “The important distinction between the present case and Baker is that Baker was charged with a violation of § 45-5-502, MCA, while Ghostbear was specifically charged with a violation of § 45-5-502(3), MCA, a felony.”
State v. Stevens, 904 P.2d 590 (Mont. 1995).
State v. Ghostbear, 2014 MT 192 (Mont. 2014).
State v. D. Schultz, 2025 MT 142 (Mont. 2025).
— Mont. Code Ann. § 45-5-502(2)(a) — 3 cases
State v. Ghostbear, 338 P.3d 25 (Mont. 2014). “The important distinction between the present case and Baker is that Baker was charged with a violation of § 45-5-502, MCA, while Ghostbear was specifically charged with a violation of § 45-5-502(3), MCA, a felony.”
City of Missoula v. F. Sadiku, 2021 MT 295 (Mont. 2021).
State v. Ghostbear, 2014 MT 192 (Mont. 2014).
— Mont. Code Ann. § 45-5-502(2)(c) — 2 cases
State v. Ghostbear, 338 P.3d 25 (Mont. 2014). “The important distinction between the present case and Baker is that Baker was charged with a violation of § 45-5-502, MCA, while Ghostbear was specifically charged with a violation of § 45-5-502(3), MCA, a felony.”
State v. Ghostbear, 2014 MT 192 (Mont. 2014).
— Mont. Code Ann. § 45-5-502(3) — 45 cases
State v. Ghostbear, 338 P.3d 25 (Mont. 2014). “The important distinction between the present case and Baker is that Baker was charged with a violation of § 45-5-502, MCA, while Ghostbear was specifically charged with a violation of § 45-5-502(3), MCA, a felony.”
State v. Baker, 2000 MT 235 (Mont. 2000). “Did the District Court abuse its discretion in denying Baker's motion for a directed verdict? BACKGROUND ¶ 6 Baker was charged by information with the offense of sexual assault, in violation of § 45-5-502, MCA, for allegedly having nonconsensual sexual contact with a…”
United States v. Juv. Male, 2011 MT 104 (Mont. 2011). “" Section 45-5-502(1), MCA (2001). "Sexual contact" includes touching of the genital parts of another "directly or through clothing, in order to knowingly or purposely: (a) cause bodily injury to or humiliate, harass, or degrade another; or (b) arouse or gratify the sexual…”
State v. Rogers, 2007 MT 227 (Mont. 2007). “¶ 1 Appellant Rusty Rogers (Rogers) was charged with two counts of felony sexual assault upon two child victims, in violation of § 45-5-502, MCA. The two children, L.W. and E.”
State v. Novak, 2005 MT 294 (Mont. 2005).
— Mont. Code Ann. § 45-5-502(5) — 4 cases
State v. Williams, 2010 MT 58 (Mont. 2010).
State v. Price, 622 P.2d 160 (Mont. 1980). “Defendant was convicted of violating section 45-5-502, MCA. Neither this statute nor any other applicable statute, provided that consent is ineffective if the victim is under a certain age.”
United States v. Sinerius, 504 F.3d 737 (9th Cir. 2007).
State v. Smith, 1998 MT 86N (Mont. 1998).
— Mont. Code Ann. § 45-5-502(5)(a) — 3 cases
State v. Ghostbear, 338 P.3d 25 (Mont. 2014). “The important distinction between the present case and Baker is that Baker was charged with a violation of § 45-5-502, MCA, while Ghostbear was specifically charged with a violation of § 45-5-502(3), MCA, a felony.”
Christopher James Yager v. State, 2015 WY 139 (Wyo. 2015).
State v. Ghostbear, 2014 MT 192 (Mont. 2014).
— Mont. Code Ann. § 45-5-502(5)(a)(ii) — 7 cases
State v. Ghostbear, 338 P.3d 25 (Mont. 2014). “The important distinction between the present case and Baker is that Baker was charged with a violation of § 45-5-502, MCA, while Ghostbear was specifically charged with a violation of § 45-5-502(3), MCA, a felony.”
State v. Williams, 2010 MT 58 (Mont. 2010).
State v. C. Valenzuela, 2021 MT 244 (Mont. 2021).
State v. T. Lafournaise, 2022 MT 36 (Mont. 2022).
State v. Ghostbear, 2014 MT 192 (Mont. 2014).
— Mont. Code Ann. § 45-5-502(5)(b) — 2 cases
United States v. Juv. Male, 2011 MT 104 (Mont. 2011). “" Section 45-5-502(1), MCA (2001). "Sexual contact" includes touching of the genital parts of another "directly or through clothing, in order to knowingly or purposely: (a) cause bodily injury to or humiliate, harass, or degrade another; or (b) arouse or gratify the sexual…”
State v. Rogers, 2007 MT 227 (Mont. 2007). “¶ 1 Appellant Rusty Rogers (Rogers) was charged with two counts of felony sexual assault upon two child victims, in violation of § 45-5-502, MCA. The two children, L.W. and E.”
— Mont. Code Ann. § 45-5-502(6)(a)(ii) — 1 case
State v. D. Steffens (Mont. 2026).
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