Montana Prohibited Consensual Sexual Activity Laws

Consensual sexual activity is, for the most part, none of the state's business. While sodomy laws were once enforced across the nation, even between consenting adults in the privacy of their own home, the U.S. Supreme Court ruled those laws unconstitutional in 2003. As in other states, Montana's prohibited consensual sexual activities laws are limited to indecent exposure and sex with minors (statutory rape).

Of 14 states that had anti-sodomy laws still on the books, only Montana and Virginia have repealed theirs since the Supreme Court ruling.

Illegal Consensual Sexual Activity in Montana

In Montana, prohibited consensual sexual activity generally pertains to indecent exposure and public sexual acts, although prostitution and solicitation also are prohibited under state law. Finally, in Montana, it is a crime for people who know that they are infected with a sexually transmitted disease to expose another person to infection.

Indecent Exposure in Montana

A person commits indecent exposure if he or she:

  • Knowingly or purposely exposes the person's genitals under circumstances in which the person knows the conduct is likely to cause affront or alarm;
  • In order to either abuse, humiliate, harass, or degrade another;
  • Or arouse or gratify the person's own sexual response or desire or the sexual response or desire of any person.

Review the following table to learn more about Montana's prohibited consensual sexual activity laws, and see FindLaw's Sex Crimes section for related information.

Sodomy Laws Applicable to N/A
Penalty for Sodomy N/A
HIV Exposure and Compelled Testing for Offenders
  • 50-18-112 Exposure of another to sexually transmitted disease: misdemeanor
  • 46-18-256 Any person convicted of sexual offense must be tested for HIV if victim requests
Other Crimes Relating to Consensual Activities
  • 45-5-504 Indecent exposure: fine not to exceed $500, imprisonment not to exceed 6 months, or both;
  • 45-8-201 Obscenity: fine between $500-1,000, imprisonment not to exceed 6 months, or both.
Sexually Transmitted Diseases Definition
  • Human immunodeficiency virus (HIV), the virus that causes acquired immunodeficiency syndrome (AIDS), and
  • Bacterial infections syphilis, gonorrhea, chlamydia, chancroid, lymphogranuloma venereum, and granuloma inguinale.

Note: Montana criminal laws are constantly changing--contact a Montana criminal law attorney, or conduct your own legal research to verify the state law(s) you are researching.

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