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

Mont. Code Ann. § 45-5-505 (2026)

Renumbered 45-8-218

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 45
  3. CHAPTER 5
  4. Part 5
  5. 45-5-505 Renumbered 45-8-218

TITLE 45. CRIMES

CHAPTER 5. OFFENSES AGAINST THE PERSON

Part 5. Sexual Crimes

Renumbered 45-8-218

45-5-505. Renumbered 45-8-218. Sec. 8, Ch. 225, L. 2013.

Notes of Decisions
Cited in 19 cases (3 in the last 5 years), 1986–2025 · leading case: Gryczan v. State, 942 P.2d 112 (Mont. 1997).
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Gryczan v. State, 942 P.2d 112 (Mont. 1997). · cites it 152× “The State of Montana appeals a Judgment of the District Court for the First Judicial District, Lewis and Clark County, declaring § 45-5-505, MCA, unconstitutional as a violation of the privacy provision of the Montana Constitution when applied to consensual, private, same-gender…”
State v. Steffes, 887 P.2d 1196 (Mont. 1994). · cites it 14× “, who was ten years old at the time of trial, to engage in sexual conduct without his consent in violation of § 45-5-505, MCA. J.W. testified concerning the events which resulted in the first two charges against Steffes.”
State v. Burns, 830 P.2d 1318 (Mont. 1992). · cites it 8× “Defendant and respondent, George Burns (Burns) was charged with Deviate Sexual Conduct under § 45-5-505(1), MCA (1989), and Deviate Sexual Conduct Without Consent under § 45-5-505(3), MCA (1989).”
State v. Rytky, 2006 MT 134 (Mont. 2006). · cites it 6× “The issue raised by Rytky is whether the application of § 45-5-505, MCA, in this case violates his right to equal protection of the laws under the United States and Montana Constitutions.”
State v. Cameron, 830 P.2d 1284 (Mont. 1992). · cites it 4× “The problem that he learned of upon entering the prison was that the sexual offender program could not be completed in one year and that he would therefore have to serve a minimum of two years in prison.”
Arnone v. City of Bozeman, 2016 MT 184 (Mont. 2016). · cites it 2× “In Gryczan , the plaintiffs were three homosexual couples who acknowledged their past violations of § 45-5-505, MCA, and their intent to violate the statute in the future.”
State v. Shaver, 760 P.2d 1230 (Mont. 1988). · cites it 3× “(Shaver) was found guilty by a jury on December 4, 1987 on two counts of deviate sexual conduct pursuant to Section 45-5-505, MCA. Shaver was sentenced to two eight-year terms at the Montana State Prison to be served consecutively, with all but sixty days suspended.”
State v. Hanson, 940 P.2d 1166 (Mont. 1997). · cites it 2× “On April 14, 1994, Hanson was charged by Information in the Eleventh Judicial District Court, Flathead County, with one count of sexual assault and one count of deviate sexual conduct, both felonies, in violation of § 45-5-502(1) and § 45-5-505(1), MCA, respectively. At his May…”
In re S.L.M., 951 P.2d 1365 (Mont. 1997). · cites it 2× “See § 45-5-505, MCA. The State contended that because the statute had never been enforced against consenting adults, there was no “threatened injury” and, thus, no standing.”
Benjamin v. McCormick, 792 P.2d 7 (Mont. 1990). · cites it 2× “Under the terms of a plea bargain agreement, John Benjamin pled guilty to deviate sexual conduct in violation of § 45-5-505, MCA, and possession of a dangerous drug in violation of § 45-9-102, MCA.”
State v. K. Tipton, 2021 MT 281 (Mont. 2021). · cites it 2× “¶5 In October 2015, § 45-5-505(3), MCA, went into effect. Subsection (3) states: (a) A person commits the offense of indecent exposure to a minor if the person commits an offense under subsection (1) and the person knows the conduct will be observed by a person who is under 16…”
High Tech Gays v. Def. Indus. Sec. Clearance Off., 668 F. Supp. 1361 (N.D. Cal. 1987). “1982); Mont.Code Ann. § 45-5-505 (1981). 9 . Even though there may be hearsay problems regarding the admissability of this evidence, it is offered by defendants in the Declaration of Richard E.”
Show all 19 citing cases →
— Mont. Code Ann. § 45-5-505(1) — 4 cases
State v. Burns, 830 P.2d 1318 (Mont. 1992). “Defendant and respondent, George Burns (Burns) was charged with Deviate Sexual Conduct under § 45-5-505(1), MCA (1989), and Deviate Sexual Conduct Without Consent under § 45-5-505(3), MCA (1989).”
State v. Steffes, 887 P.2d 1196 (Mont. 1994). “, who was ten years old at the time of trial, to engage in sexual conduct without his consent in violation of § 45-5-505, MCA. J.W. testified concerning the events which resulted in the first two charges against Steffes.”
State v. Hanson, 940 P.2d 1166 (Mont. 1997). “On April 14, 1994, Hanson was charged by Information in the Eleventh Judicial District Court, Flathead County, with one count of sexual assault and one count of deviate sexual conduct, both felonies, in violation of § 45-5-502(1) and § 45-5-505(1), MCA, respectively. At his May…”
State v. R. Hornback, 2021 MT 167N (Mont. 2021).
— Mont. Code Ann. § 45-5-505(3) — 3 cases
State v. Burns, 830 P.2d 1318 (Mont. 1992). “Defendant and respondent, George Burns (Burns) was charged with Deviate Sexual Conduct under § 45-5-505(1), MCA (1989), and Deviate Sexual Conduct Without Consent under § 45-5-505(3), MCA (1989).”
State v. K. Tipton, 2021 MT 281 (Mont. 2021). “¶5 In October 2015, § 45-5-505(3), MCA, went into effect. Subsection (3) states: (a) A person commits the offense of indecent exposure to a minor if the person commits an offense under subsection (1) and the person knows the conduct will be observed by a person who is under 16…”
State v. R. Hornback, 2021 MT 167N (Mont. 2021).
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