Mont. Code Ann. » TITLE 45. CRIMES · CHAPTER 5. OFFENSES AGAINST THE PERSON · Part 6. Offenses Against the Family
Montana Code Annotated

Mont. Code Ann. § 45-5-601 (2026)

Prostitution -- Patronizing Prostitute -- Exception

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 45
  3. CHAPTER 5
  4. Part 6
  5. 45-5-601 Prostitution -- patronizing prostitute -- exception

TITLE 45. CRIMES

CHAPTER 5. OFFENSES AGAINST THE PERSON

Part 6. Offenses Against the Family

Prostitution -- Patronizing Prostitute -- Exception

45-5-601. Prostitution -- patronizing prostitute -- exception. (1) Except as provided in subsection (2)(a), the offense of prostitution is committed if a person engages in or agrees or offers to engage in sexual intercourse or sexual contact that is direct and not through clothing with another person for compensation, whether the compensation is received or to be received or paid or to be paid.

(2) (a) A prostitute may be convicted of prostitution only if the prostitute engages in or agrees or offers to engage in sexual intercourse with another person for compensation, whether the compensation is received or to be received or paid or to be paid. A prostitute who is convicted of prostitution may be fined an amount not to exceed $500 or be imprisoned in the county jail for a term not to exceed 6 months, or both.

(b) A patron may be convicted of patronizing a prostitute if the patron engages in or agrees or offers to engage in sexual intercourse or sexual contact that is direct and not through clothing with another person for compensation, whether the compensation is received or to be received or paid or to be paid. Except as provided in subsection (3), a patron who is convicted of prostitution shall for the first offense be fined an amount not to exceed $5,000 or be imprisoned for a term not to exceed 5 years, or both, and for a second or subsequent offense shall be fined an amount not to exceed $10,000 or be imprisoned for a term not to exceed 10 years, or both.

(3) (a) If the person patronized was a child, whether or not the patron was aware of the child's age, or a person, including a law enforcement officer using an undercover or fictitious identity, whom the patron believed was a child and the patron was 18 years of age or older at the time of the offense, the patron 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 (3)(a)(i) except as provided in 46-18-222, and during the first 25 years of imprisonment, the offender is not eligible for parole.

(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.

(4) It is not a violation of this section for a person with an impaired physical ability, physical dysfunction, recent injury, or other disability to engage in sex therapy with a partner surrogate who is working under the supervision of a clinical social worker, marriage and family therapist, or clinical professional counselor licensed under Title 37, chapter 39.

(5) It is not a defense in a prosecution under this section that a child consented to engage in sexual activity.

(6) It is not a defense in a prosecution under this section that a defendant believed the child was an adult. Absolute liability, as provided in 45-2-104, is imposed.

History: En. 94-5-602 by Sec. 1, Ch. 513, L. 1973; amd. Sec. 1, Ch. 80, L. 1975; R.C.M. 1947, 94-5-602; amd. Sec. 2, Ch. 312, L. 2001; amd. Sec. 8, Ch. 483, L. 2007; amd. Sec. 5, Ch. 374, L. 2013; amd. Sec. 2, Ch. 308, L. 2019; amd. Sec. 9, Ch. 167, L. 2023; amd. Sec. 25, Ch. 713, L. 2023; amd. Sec. 3, Ch. 102, L. 2025.

Notes of Decisions
Cited in 8 cases (2 in the last 5 years), 1989–2025 · leading case: State v. Dasen, 2007 MT 87 (Mont. 2007).
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State v. Dasen, 2007 MT 87 (Mont. 2007). · cites it 4× “The subsequent counts were labeled as second or subsequent offenses pursuant to § 45-5-601(2)(b), MCA, and thus charged as felonies.”
Patten v. Raddatz, 895 P.2d 633 (Mont. 1995). · cites it 12× “Thus, the court concluded that because the agreement between Ms. Raddatz and Mr. Patten was illegal, "the in pari delicto doctrine does not permit recovery for torts supposedly committed during the course of `performing' such agreements.”
State v. T. Staker, 2021 MT 151 (Mont. 2021). · cites it 2× “¶1 Travis Michael Staker (Staker) appeals the September 2019 judgment of the Montana Eighteenth Judicial Court, Gallatin County, denying his motions to suppress his unwitting text message conversation with an undercover federal agent and accordingly dismiss the resulting charge…”
Schmidt v. Cook, 2005 MT 53 (Mont. 2005). · cites it 6× “Whether or not one believes Schmidt was, in her own mind, only considering exchanging sex for compensation, the record makes it abundantly clear that she agreed with Elvin that she would do it.”
State v. D. Schultz, 2025 MT 142 (Mont. 2025). · cites it 2× “483, § 6); Prostitution § 45-5-601(3), MCA (2007 Mont. Laws ch. 483, § 8);3 Promoting Prostitution § 45-5-602(3), MCA (2007 Mont.”
Ding, 27 I. & N. Dec. 295 (2018). “§ 14 :82A (1994); Mont. Code Ann. § 45-5-601 (1) (1994); N.”
Matter of Bechhold, 771 P.2d 563 (Mont. 1989). · cites it 2× “2 of the Rules of Professional Conduct, and with the violation of §§ 45-5-601 and 45-5-602, MCA. We refer to the complaining client as “Jane Doe,” as did the Commission on Practice.”
Matter of Courts of Ltd. Jurisdi (Mont. 2010). “§ 45-5-601 PROSTITUTION – 1st • $500 or 6 months jail, or both.”
Mont. Code Ann. § 45-5-601(1): 1 case
Schmidt v. Cook, 2005 MT 53 (Mont. 2005). “Whether or not one believes Schmidt was, in her own mind, only considering exchanging sex for compensation, the record makes it abundantly clear that she agreed with Elvin that she would do it.”
Mont. Code Ann. § 45-5-601(2)(b): 2 cases
State v. Dasen, 2007 MT 87 (Mont. 2007). “The subsequent counts were labeled as second or subsequent offenses pursuant to § 45-5-601(2)(b), MCA, and thus charged as felonies.”
State v. T. Staker, 2021 MT 151 (Mont. 2021). “¶1 Travis Michael Staker (Staker) appeals the September 2019 judgment of the Montana Eighteenth Judicial Court, Gallatin County, denying his motions to suppress his unwitting text message conversation with an undercover federal agent and accordingly dismiss the resulting charge…”
Mont. Code Ann. § 45-5-601(3): 1 case
State v. D. Schultz, 2025 MT 142 (Mont. 2025). “483, § 6); Prostitution § 45-5-601(3), MCA (2007 Mont. Laws ch. 483, § 8);3 Promoting Prostitution § 45-5-602(3), MCA (2007 Mont.”
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.