Montana Code Annotated

Mont. Code Ann. § 45-5-503 (2026)

Sexual Intercourse Without Consent

✓ current as of May 2026

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TITLE 45. CRIMES

CHAPTER 5. OFFENSES AGAINST THE PERSON

Part 5. Sexual Crimes

Sexual Intercourse Without Consent

45-5-503. Sexual intercourse without consent. (1) A person who knowingly has sexual intercourse with another person without consent or with another person who is incapable of consent commits the offense of sexual intercourse without consent. A person may not be convicted under this section based on the age of the person's spouse, as provided in 45-5-501(1)(b)(iv).

(2) A person convicted of sexual intercourse without consent shall be punished by life imprisonment or by imprisonment in the state prison for a term of not more than 20 years and may be fined not more than $50,000, except as provided in 46-18-219, 46-18-222, and subsections (3), (4), and (5) of this section.

(3) (a) If the victim is less than 16 years old and the offender is 4 or more years older than the victim or if the offender inflicts bodily injury on anyone in the course of committing sexual intercourse without consent, the offender shall be punished by life imprisonment or by imprisonment in the state prison for a term of not less than 4 years or more than 100 years and may be fined not more than $50,000, except as provided in 46-18-219 and 46-18-222.

(b) If two or more persons are convicted of sexual intercourse without consent with the same victim in an incident in which each offender was present at the location where another offender's offense occurred during a time period in which each offender could have reasonably known of the other's offense, each offender shall be punished by life imprisonment or by imprisonment in the state prison for a term of not less than 5 years or more than 100 years and may be fined not more than $50,000, except as provided in 46-18-219 and 46-18-222.

(c) If the offender was previously convicted of an offense under this section or of an offense under the laws of another state or of the United States that if committed in this state would be an offense under this section and if the offender inflicted serious bodily injury on a person in the course of committing each offense, the offender shall be:

(i) punished by death as provided in 46-18-301 through 46-18-310, unless the offender is less than 18 years of age at the time of the commission of the offense; or

(ii) punished as provided in 46-18-219.

(4) (a) If the victim was 12 years of age or younger and the offender in the course of committing a violation of this section was 18 years of age or older at the time of the offense, the offender:

(i) shall be punished by imprisonment in a state prison for a term of 100 years. The court may not suspend execution or defer imposition of the first 25 years of a sentence of imprisonment imposed under this subsection (4)(a)(i) except as provided in 46-18-222(1) through (5), and during the first 25 years of imprisonment, the offender is not eligible for parole. The exception provided in 46-18-222(6) does not apply.

(ii) may be fined an amount not to exceed $50,000; and

(iii) shall be ordered to enroll in and successfully complete the educational phase and the cognitive and behavioral phase of a sexual offender treatment program provided or approved by the department of corrections.

(b) If the offender is released after the mandatory minimum period of imprisonment, the offender is subject to supervision by the department of corrections for the remainder of the offender's life and shall participate in the program for continuous, satellite-based monitoring provided for in 46-23-1010.

(5) If the victim is at least 14 years of age and the offender is 18 years of age or younger, the offender may be punished by imprisonment in the state prison for a term of not more than 5 years and may be fined not more than $10,000 if:

(a) the offender has not previously been found to have committed or been adjudicated for a sexual offense as defined in 46-23-502;

(b) a psychosexual evaluation of the offender has been prepared and the court finds that registration is not necessary for protection of the public and that relief from registration is in the public's best interest; and

(c) the court finds that the alleged conduct was consensual as indicated by words or overt actions indicating a freely given agreement to have sexual intercourse or sexual contact.

(6) In addition to any sentence imposed under subsection (2) or (3), the court shall require the offender to pay the victim's reasonable medical and counseling costs that result from the offense. The amount, method, and time of payment must be determined in the same manner as provided in 46-18-244.

(7) As used in subsections (3) and (4), an act "in the course of committing sexual intercourse without consent" includes an attempt to commit the offense or the act of flight after the attempt or commission.

(8) If as a result of sexual intercourse without consent a child is born, the offender who has been convicted of an offense under this section and who is the biological parent of the child resulting from the sexual intercourse without consent forfeits all parental and custodial rights to the child if the provisions of 46-1-401 have been followed.

History: En. 94-5-503 by Sec. 1, Ch. 513, L. 1973; amd. Sec. 1, Ch. 2, L. 1975; amd. Sec. 1, Ch. 129, L. 1975; amd. Sec. 1, Ch. 94, L. 1977; amd. Sec. 16, Ch. 359, L. 1977; amd. Sec. 10, Ch. 584, L. 1977; R.C.M. 1947, 94-5-503; amd. Sec. 7, Ch. 198, L. 1981; amd. Sec. 2, Ch. 172, L. 1985; amd. Sec. 1, Ch. 356, L. 1985; amd. Sec. 1, Ch. 644, L. 1985; amd. Sec. 1, Ch. 175, L. 1991; amd. Sec. 2, Ch. 218, L. 1991; amd. Sec. 3, Ch. 687, L. 1991; amd. Sec. 1, Ch. 85, L. 1993; amd. Sec. 8, Ch. 482, L. 1995; amd. Sec. 2, Ch. 550, L. 1995; amd. Sec. 1, Ch. 312, L. 1997; amd. Sec. 3, Ch. 84, L. 1999; amd. Sec. 4, Ch. 523, L. 1999; amd. Sec. 85, Ch. 114, L. 2003; amd. Sec. 3, Ch. 335, L. 2007; amd. Sec. 5, Ch. 483, L. 2007; amd. Sec. 1, Ch. 149, L. 2013; amd. Sec. 1, Ch. 277, L. 2017; amd. Sec. 3, Ch. 279, L. 2017; amd. Sec. 6, Ch. 321, L. 2017; amd. Sec. 1, Ch. 228, L. 2019; amd. Sec. 2, Ch. 463, L. 2025.

Notes of Decisions

Cited in 259 cases (51 in the last 5 years), 1980–2026 · leading case: State v. Thorp, 2010 MT 92 (Mont. 2010).

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State v. Thorp, 2010 MT 92 (Mont. 2010). · cites it 26× “Sexual intercourse means the penetration of the vulva, anus, or mouth of one person by the penis or body member of another person, or by foreign instrument, knowingly or purposefully to cause bodily injury or arouse either party. Section 45-2-101(68), MCA.”

Kennedy v. Louisiana, 554 U.S. 407 (2008). · cites it 8× “§ 16-6-1 (2007) (enacted 1999); Montana, see Mont.Code Ann. § 45-5-503 (2007) (enacted 1997); Oklahoma, see Okla.”

State v. Wells, 658 P.2d 381 (Mont. 1983). · cites it 30× “APPENDIX A As stated, defendant was charged under section 45-5-503, MCA, as though the aggravating factors listed in subsection (3) are part of the offense itself.”

State v. Bailey, 2004 MT 87 (Mont. 2004). · cites it 13× “reflects the Legislature’s intent that, on a conviction for sexual intercourse without consent involving a victim less than 16 years old, the first 30 days of any mandatory minimum sentence under § 45-5-503, MCA (1997), may not be deferred or suspended under any circumstances…”

State v. T. Lafournaise, 2022 MT 36 (Mont. 2022). · cites it 35× “¶1 After a three-day trial, a jury convicted Toston Gray LaFournaise of sexual intercourse without consent (SIWOC), a felony, in violation of § 45-5-503(1), MCA; tampering with witnesses and informants, a felony, in violation of § 45-7-206(1)(b), MCA; privacy in communications,…”

State v. Brodniak, 718 P.2d 322 (Mont. 1986). · cites it 11× “Section 45-5-503, MCA. Brodniak's proposed instruction no.”

State v. Ariegwe, 2007 MT 204 (Mont. 2007). · cites it 4× “¶ 12 On February 7, 2003, the State filed an information charging Ariegwe with Count I, sexual intercourse without consent, a felony, in violation of § 45-5-503, MCA (2001), and Count II, unlawful transactions with children, a misdemeanor, in violation of § 45-5-623(1)(c), MCA…”

State v. Goodwin, 813 P.2d 953 (Mont. 1991). · cites it 11× “Count II charged the defendant with sexual intercourse without consent in violation of § 45-5-503, MCA. At trial, the defendant denied that incident occurred.”

State v. Heath, 2004 MT 58 (Mont. 2004). · cites it 6× “Section 45-5-503(2), MCA (1999). A sentencing court has numerous options, including imprisonment at the Montana State Prison (MSP) and commitment to the Department of Corrections (DOC) with all but five years suspended.”

State v. Lone Elk, 2005 MT 56 (Mont. 2005). · cites it 6× “Section 45-5-503(2), MCA (2001). He later decided to accept a plea bargain.”

Saucier Ex Rel. Mallory v. McDonald's Restaurants of Montana, Inc., 2008 MT 63 (Mont. 2008). · cites it 8× “Sections 45-5-503(1), 45-5-501(1)(b)(i), 45-2-101(39), MCA.”

State v. Graves, 901 P.2d 549 (Mont. 1995). · cites it 11× “On October 15, 1993, defendant was arrested for the offense of sexual intercourse without consent in violation of § 45-5-503, MCA. Defendant was tried before a jury on March 7-10,1994.”

Show all 259 citing cases →

— Mont. Code Ann. § 45-5-503(1) — 57 cases

State v. Thorp, 2010 MT 92 (Mont. 2010). “Sexual intercourse means the penetration of the vulva, anus, or mouth of one person by the penis or body member of another person, or by foreign instrument, knowingly or purposefully to cause bodily injury or arouse either party. Section 45-2-101(68), MCA.”

State v. T. Lafournaise, 2022 MT 36 (Mont. 2022). “¶1 After a three-day trial, a jury convicted Toston Gray LaFournaise of sexual intercourse without consent (SIWOC), a felony, in violation of § 45-5-503(1), MCA; tampering with witnesses and informants, a felony, in violation of § 45-7-206(1)(b), MCA; privacy in communications,…”

State v. Crider, 2014 MT 139 (Mont. 2014).

State v. Freshment, 2002 MT 61 (Mont. 2002).

State v. Wells, 658 P.2d 381 (Mont. 1983). “APPENDIX A As stated, defendant was charged under section 45-5-503, MCA, as though the aggravating factors listed in subsection (3) are part of the offense itself.”

— Mont. Code Ann. § 45-5-503(1)(3) — 1 case

State v. Arion, 373 Mont. 43 (Mont. 2013).

— Mont. Code Ann. § 45-5-503(1)(3)(a) — 1 case

State v. T. French (Mont. 2020).

— Mont. Code Ann. § 45-5-503(1X3) — 1 case

State v. Arion, 373 Mont. 43 (Mont. 2013).

— Mont. Code Ann. § 45-5-503(2) — 15 cases

State v. Heath, 2004 MT 58 (Mont. 2004). “Section 45-5-503(2), MCA (1999). A sentencing court has numerous options, including imprisonment at the Montana State Prison (MSP) and commitment to the Department of Corrections (DOC) with all but five years suspended.”

State v. Lone Elk, 2005 MT 56 (Mont. 2005). “Section 45-5-503(2), MCA (2001). He later decided to accept a plea bargain.”

Saucier Ex Rel. Mallory v. McDonald's Restaurants of Montana, Inc., 2008 MT 63 (Mont. 2008). “Sections 45-5-503(1), 45-5-501(1)(b)(i), 45-2-101(39), MCA.”

State v. Hicks, 2006 MT 71 (Mont. 2006).

— Mont. Code Ann. § 45-5-503(3) — 9 cases

State v. Novak, 2005 MT 294 (Mont. 2005).

State v. LaFreniere, 2008 MT 99 (Mont. 2008).

Mordja v. Montana Eleventh Jud. Dist. Court, 2008 MT 24 (Mont. 2008).

State v. K. Tipton, 2021 MT 281 (Mont. 2021).

— Mont. Code Ann. § 45-5-503(3)(a) — 21 cases

State v. Bailey, 2004 MT 87 (Mont. 2004). “reflects the Legislature’s intent that, on a conviction for sexual intercourse without consent involving a victim less than 16 years old, the first 30 days of any mandatory minimum sentence under § 45-5-503, MCA (1997), may not be deferred or suspended under any circumstances…”

State v. Richeson, 2004 MT 113 (Mont. 2004).

State v. Rambold, 2014 MT 116 (Mont. 2014).

State v. Fauque, 2000 MT 168 (Mont. 2000).

— Mont. Code Ann. § 45-5-503(3)(b) — 1 case

State v. A. Pedersen (Mont. 2021).

— Mont. Code Ann. § 45-5-503(3)(c) — 1 case

Kennedy v. Louisiana, 554 U.S. 407 (2008). “§ 16-6-1 (2007) (enacted 1999); Montana, see Mont.Code Ann. § 45-5-503 (2007) (enacted 1997); Oklahoma, see Okla.”

— Mont. Code Ann. § 45-5-503(3)(c)(ii) — 1 case

— Mont. Code Ann. § 45-5-503(4) — 8 cases

State v. Ghostbear, 338 P.3d 25 (Mont. 2014).

State v. E. Ghostbear, 2020 MT 60 (Mont. 2020).

State v. R. Arellano, 2024 MT 108 (Mont. 2024).

State v. D. Schultz, 2025 MT 142 (Mont. 2025).

State v. Ghostbear, 2014 MT 192 (Mont. 2014).

— Mont. Code Ann. § 45-5-503(4)(a) — 3 cases

State v. C. Byrne, 2021 MT 238 (Mont. 2021).

State v. R. Arellano, 2024 MT 108 (Mont. 2024).

State v. C. Ripple, 2023 MT 67 (Mont. 2023).

— Mont. Code Ann. § 45-5-503(4)(a)(i) — 3 cases

State v. W. Miller, 2020 MT 253N (Mont. 2020).

State v. Gauna, 2012 MT 269N (Mont. 2012).

State v. Brock, 377 Mont. 2 (Mont. 2014).

— Mont. Code Ann. § 45-5-503(5) — 6 cases

State v. Higley, 621 P.2d 1043 (Mont. 1980).

State v. Anderson, 686 P.2d 193 (Mont. 1984).

State v. Lamb, 646 P.2d 516 (Mont. 1982).

State v. Norris, 689 P.2d 243 (Mont. 1984).

State v. Van Pelt, 805 P.2d 549 (Mont. 1991).

— Mont. Code Ann. § 45-5-503(l) — 1 case

State v. McLaughlin (Mont. 1995).

— Mont. Code Ann. § 45-5-503(l)(3)(a) — 1 case

State v. Wright, 2001 MT 282 (Mont. 2001).

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.