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

Mont. Code Ann. § 45-5-507 (2026)

Incest

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 45
  3. CHAPTER 5
  4. Part 5
  5. 45-5-507 Incest

TITLE 45. CRIMES

CHAPTER 5. OFFENSES AGAINST THE PERSON

Part 5. Sexual Crimes

Incest

45-5-507. Incest. (1) A person commits the offense of incest if the person knowingly marries, cohabits with, has sexual intercourse with, or has sexual contact, as defined in 45-2-101, with an ancestor, a descendant, a brother or sister of the whole or half blood, a nephew or niece, or any stepson or stepdaughter. The relationships referred to in this subsection include blood relationships without regard to legitimacy, relationships of parent and child by adoption, and relationships involving a stepson or stepdaughter.

(2) (a) Consent is a defense to incest with or upon a stepson or stepdaughter, but consent is ineffective if the stepson or stepdaughter is less than 18 years of age and the stepparent is 4 or more years older than the stepson or stepdaughter.

(b) A person who is less than 18 years of age is not legally responsible or legally accountable for the offense of incest and is considered a victim of the offense of incest if the other person in the incestuous relationship is 4 or more years older than the victim.

(3) Except as provided in subsections (4) and (5), a person convicted of incest shall be punished by life imprisonment or by imprisonment in the state prison for a term not to exceed 100 years or be fined an amount not to exceed $50,000.

(4) If the victim is under 16 years of age 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 incest, 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.

(5) (a) If the victim was 12 years of age or younger and the offender 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 (5)(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.

(6) In addition to any sentence imposed under subsection (3), (4), or (5), the court shall require the offender to pay the victim's reasonable costs of counseling 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.

History: En. 94-5-606 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-5-606; amd. Sec. 7, Ch. 198, L. 1981; MCA 1981, 45-5-613; redes. 45-5-507 by Code Commissioner, 1983; amd. Sec. 1, Ch. 438, L. 1983; amd. Sec. 2, Ch. 644, L. 1985; amd. Sec. 1, Ch. 174, L. 1989; amd. Sec. 5, Ch. 687, L. 1991; amd. Sec. 4, Ch. 550, L. 1995; amd. Sec. 6, Ch. 483, L. 2007; amd. Sec. 1, Ch. 226, L. 2017; amd. Sec. 7, Ch. 321, L. 2017; amd. Sec. 2, Ch. 228, L. 2019; amd. Sec. 1, Ch. 536, L. 2023; amd. Sec. 3, Ch. 463, L. 2025.

Notes of Decisions
Cited in 104 cases (21 in the last 5 years), 1986–2026 · leading case: State v. Stewart, 2012 MT 317 (Mont. 2012).
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State v. Stewart, 2012 MT 317 (Mont. 2012). · cites it 25× “accused him of molesting her and taking the photographs for his own pleasure, Stewart challenged her to “[p]rove it!” Motion in Limine to Exclude the Photographs ¶12 The State charged Stewart with one count of incest, a felony, in violation of § 45-5-507, MCA. The State alleged…”
State v. Bailey, 2004 MT 87 (Mont. 2004). · cites it 16× “Did the District Court err in sentencing Bailey? ¶46 Section 45-5-507, MCA, provides, in pertinent part, as follows: (3) A person convicted of incest shall be punished by life imprisonment or by imprisonment in the state prison for a term not to exceed 100 years or be fined an…”
State v. Hamilton, 428 P.3d 849 (Mont. 2018). · cites it 17× “FACTUAL AND PROCEDURAL BACKGROUND ¶3 On January 2, 2014, Hamilton pleaded not guilty to charges of incest against his daughter in violation of § 45-5-507, MCA. That day, the District Court signed an order scheduling an omnibus hearing for February 19, 2014, and notifying…”
State v. Harris, 1999 MT 115 (Mont. 1999). · cites it 16× “Section 45-5-507(1), MCA. Count III of the amended information alleged that Harris had committed incest by having sexual intercourse with Gwen, a descendent by adoption, on numerous occasions between November of 1988 and January 1, 1997.”
State v. J.C., 2004 MT 75 (Mont. 2004). · cites it 12× “was charged by Information with the offense of Incest, a felony, in violation of § 45-5-507, MCA. The charge was based on allegations that from May 1999 through May 2001, J.”
State v. Rennaker, 2007 MT 10 (Mont. 2007). · cites it 10× “The offense of incest is defined in § 45-5-507(1), MCA, as follows: A person commits the offense of incest if the person knowingly marries, cohabits with, has sexual intercourse with, or has sexual contact, as defined in 45-2-101, with an ancestor, a descendant, a brother or…”
State v. Berosik, 2009 MT 260 (Mont. 2009). · cites it 6× “Section 45-5-507(1), MCA (defining incest).”
State v. J. Kline, 2016 MT 177 (Mont. 2016). · cites it 53× “’s testimony? FACTUAL AND PROCEDURAL BACKGROUND ¶3 On December 11, 2013, the State charged Kline by information with criminal distribution of dangerous drugs, a felony, in violation of § 45-9-101(1), MCA; endangering the welfare of children, a felony, in violation of §…”
State v. McQuiston, 922 P.2d 519 (Mont. 1996). · cites it 13× “On January 3,1994, McQuiston was charged by Information in the Fifth Judicial District Court, Beaverhead County, with one count of sexual intercourse without consent, a felony, pursuant to § 45-5-503, MCA, and in the alternative, with one count of incest, a felony, pursuant to §…”
State v. C. Valenzuela, 2021 MT 244 (Mont. 2021). · cites it 29× “¶42 In Hall, the defendant was convicted at trial of felony incest, as defined by § 45-5-507, MCA (1983) (knowing sexual contact with stepdaughter less than age 18),5 based on the same single instance of sexual contact.”
State v. Richard Crosley, 2009 MT 126 (Mont. 2009). · cites it 6× “Crosley notes that he was convicted of seven counts of incest in violation of § 45-5-507(1), (4), MCA, each pertaining to a different period of time: Count 1, A.”
State v. Morgan, 1998 MT 268 (Mont. 1998). · cites it 14× “¶1 John Richard Morgan was charged by information in the First Judicial District Court, Lewis and Clark County, with one count of incest, in violation of § 45-5-507, MCA. Morgan filed a motion to dismiss *349 on April 10,1997, and the District Court denied his motion on June 2,…”
Show all 104 citing cases →
— Mont. Code Ann. § 45-5-507(1) — 22 cases
State v. Stewart, 2012 MT 317 (Mont. 2012). “accused him of molesting her and taking the photographs for his own pleasure, Stewart challenged her to “[p]rove it!” Motion in Limine to Exclude the Photographs ¶12 The State charged Stewart with one count of incest, a felony, in violation of § 45-5-507, MCA. The State alleged…”
State v. Harris, 1999 MT 115 (Mont. 1999). “Section 45-5-507(1), MCA. Count III of the amended information alleged that Harris had committed incest by having sexual intercourse with Gwen, a descendent by adoption, on numerous occasions between November of 1988 and January 1, 1997.”
State v. Berosik, 2009 MT 260 (Mont. 2009). “Section 45-5-507(1), MCA (defining incest).”
State v. Bauer, 2002 MT 7 (Mont. 2002).
State v. Rennaker, 2007 MT 10 (Mont. 2007). “The offense of incest is defined in § 45-5-507(1), MCA, as follows: A person commits the offense of incest if the person knowingly marries, cohabits with, has sexual intercourse with, or has sexual contact, as defined in 45-2-101, with an ancestor, a descendant, a brother or…”
— Mont. Code Ann. § 45-5-507(1)(5) — 1 case
State v. C. Goodman, 2023 MT 229N (Mont. 2023).
— Mont. Code Ann. § 45-5-507(2) — 3 cases
State v. Rennaker, 2007 MT 10 (Mont. 2007). “The offense of incest is defined in § 45-5-507(1), MCA, as follows: A person commits the offense of incest if the person knowingly marries, cohabits with, has sexual intercourse with, or has sexual contact, as defined in 45-2-101, with an ancestor, a descendant, a brother or…”
State v. J. Kline, 2016 MT 177 (Mont. 2016). “’s testimony? FACTUAL AND PROCEDURAL BACKGROUND ¶3 On December 11, 2013, the State charged Kline by information with criminal distribution of dangerous drugs, a felony, in violation of § 45-9-101(1), MCA; endangering the welfare of children, a felony, in violation of §…”
State v. C. Valenzuela, 2021 MT 244 (Mont. 2021). “¶42 In Hall, the defendant was convicted at trial of felony incest, as defined by § 45-5-507, MCA (1983) (knowing sexual contact with stepdaughter less than age 18),5 based on the same single instance of sexual contact.”
— Mont. Code Ann. § 45-5-507(2)(a) — 1 case
State v. C. Valenzuela, 2021 MT 244 (Mont. 2021). “¶42 In Hall, the defendant was convicted at trial of felony incest, as defined by § 45-5-507, MCA (1983) (knowing sexual contact with stepdaughter less than age 18),5 based on the same single instance of sexual contact.”
— Mont. Code Ann. § 45-5-507(3) — 2 cases
State v. Hamilton, 428 P.3d 849 (Mont. 2018). “FACTUAL AND PROCEDURAL BACKGROUND ¶3 On January 2, 2014, Hamilton pleaded not guilty to charges of incest against his daughter in violation of § 45-5-507, MCA. That day, the District Court signed an order scheduling an omnibus hearing for February 19, 2014, and notifying…”
State v. McQuiston, 922 P.2d 519 (Mont. 1996). “On January 3,1994, McQuiston was charged by Information in the Fifth Judicial District Court, Beaverhead County, with one count of sexual intercourse without consent, a felony, pursuant to § 45-5-503, MCA, and in the alternative, with one count of incest, a felony, pursuant to §…”
— Mont. Code Ann. § 45-5-507(4) — 8 cases
State v. Bailey, 2004 MT 87 (Mont. 2004). “Did the District Court err in sentencing Bailey? ¶46 Section 45-5-507, MCA, provides, in pertinent part, as follows: (3) A person convicted of incest shall be punished by life imprisonment or by imprisonment in the state prison for a term not to exceed 100 years or be fined an…”
State v. Stewart, 2012 MT 317 (Mont. 2012). “accused him of molesting her and taking the photographs for his own pleasure, Stewart challenged her to “[p]rove it!” Motion in Limine to Exclude the Photographs ¶12 The State charged Stewart with one count of incest, a felony, in violation of § 45-5-507, MCA. The State alleged…”
State v. J.C., 2004 MT 75 (Mont. 2004). “was charged by Information with the offense of Incest, a felony, in violation of § 45-5-507, MCA. The charge was based on allegations that from May 1999 through May 2001, J.”
State v. Richard Crosley, 2009 MT 126 (Mont. 2009). “Crosley notes that he was convicted of seven counts of incest in violation of § 45-5-507(1), (4), MCA, each pertaining to a different period of time: Count 1, A.”
State v. Harley Howard, 2011 MT 246 (Mont. 2011).
— Mont. Code Ann. § 45-5-507(5) — 8 cases
State v. G. Hansen, 2017 MT 280 (Mont. 2017).
State v. C. Valenzuela, 2021 MT 244 (Mont. 2021). “¶42 In Hall, the defendant was convicted at trial of felony incest, as defined by § 45-5-507, MCA (1983) (knowing sexual contact with stepdaughter less than age 18),5 based on the same single instance of sexual contact.”
State v. D. Schultz, 2025 MT 142 (Mont. 2025).
State v. Richard Peart, 2012 MT 274 (Mont. 2012).
State v. J. Burley, 2020 MT 130N (Mont. 2020).
— Mont. Code Ann. § 45-5-507(5)(a) — 3 cases
State v. Hamilton, 428 P.3d 849 (Mont. 2018). “FACTUAL AND PROCEDURAL BACKGROUND ¶3 On January 2, 2014, Hamilton pleaded not guilty to charges of incest against his daughter in violation of § 45-5-507, MCA. That day, the District Court signed an order scheduling an omnibus hearing for February 19, 2014, and notifying…”
State v. C. Valenzuela, 2021 MT 244 (Mont. 2021). “¶42 In Hall, the defendant was convicted at trial of felony incest, as defined by § 45-5-507, MCA (1983) (knowing sexual contact with stepdaughter less than age 18),5 based on the same single instance of sexual contact.”
State v. Richard Peart, 2012 MT 274 (Mont. 2012).
— Mont. Code Ann. § 45-5-507(5)(a)(i) — 4 cases
State v. G. Hansen, 2017 MT 280 (Mont. 2017).
State v. N. Anderson, 2021 MT 286N (Mont. 2021).
State v. Woods, 2012 MT 11N (Mont. 2012).
State v. D. Komeotis, 2020 MT 246N (Mont. 2020).
— Mont. Code Ann. § 45-5-507(l)(3) — 1 case
State v. Donnelly, 798 P.2d 89 (Mont. 1990).
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