45-5-613. Renumbered 45-5-507. Code Commissioner, 1983.
Montana Code Annotated
Mont. Code Ann. § 45-5-613 (2026)
Renumbered 45-5-507
✓ current as of May 2026
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TITLE 45. CRIMES
CHAPTER 5. OFFENSES AGAINST THE PERSON
Part 6. Offenses Against the Family
Renumbered 45-5-507
Notes of Decisions
Cited in 2
cases (1 in the last 5 years), 1998–2021 · leading case: State v. Morgan, 1998 MT 268 (Mont. 1998).
State v. Morgan, 1998 MT 268 (Mont. 1998). “” ¶19 The 1983 Montana Legislature amended the incest statute, which was then codified as § 45-5-613, MCA, to include within its protective scope any stepchild who has not been adopted by the offender.”
State v. C. Valenzuela, 2021 MT 244 (Mont. 2021). “, but consent is ineffective if the victim is less than 18 years old.” In 2007, the Legislature amended § 45-5-507, MCA, to include the enhanced felony penalty in current subsection (5)(a) for incest with a victim under age 12 by an offender age 18 or older.”
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