Under MCA §45-5-503(1), the crime of “sexual intercourse without consent” (often called “rape” in other jurisdictions) involves an allegation that a person knowingly has sexual intercourse without consent with another person. The elements of sexual intercourse without consent that must be proven at trial beyond all reasonable doubt include the following:
- The Defendant had sexual intercourse with the alleged victim; and
- The act of sexual intercourse was without the consent of the alleged victim; and
- The Defendant acted knowingly.
The standard jury instruction for the crime of “sexual intercourse without consent” can be found at MCJI 5-125. The term “without consent” is defined in section MCA § 45-5-501(1) and (2). The term “sexual intercourse” is defined in §45-2-101.
It is important to note that the aggravating circumstances for sentencing purposes are found in MCA § 45-5-503(3). Each aggravating circumstances must be alleged and proved beyond a reasonable doubt to the trier of fact. See Apprendi v. New Jersey, 530 U.S. 466 (2000). The instructions for the enhancements can be found at MCJI 1-123.
Penalties for Rape in Montana
A person found guilty of sexual intercourse without consent shall be punished by life imprisonment or by imprisonment in the state prison for a minimum of 2 years or a maximum of 100 years and may be fined a maximum of $50,000.
If the victim is less than 16 years old and the offender is 4 or more years older than the victim, or if the offender inflicts bodily injury upon anyone in the course of committing sexual intercourse without consent, the offender shall be punished by life imprisonment or by imprisonment in the state prison for a minimum of 4 years or maximum of 100 years, and may be fined a maximum of $50,000.
If two or more persons are convicted of sexual intercourse without consent with the same victim in an incident in which each offender was present at the location where another offender’s offense occurred during a time period in which each offender could have reasonably known of the other’s offense, each offender shall be punished by life imprisonment or by imprisonment in the state prison for a minimum of 5 years or maximum of 100 years, and may be fined a maximum of $50,000.
If the offender was previously convicted of an offense under this section or of an offense under the laws of another state or of the United States that if committed in this state would be an offense under this section and if the offender inflicted serious bodily injury upon a person in the course of committing each offense, the offender shall be:
- punished by death, unless the offender is less than 18 years of age at the time of the commission of the offense; or
- punished by life sentence without possibility of release.
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:
- 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 and during the first 25 years of imprisonment, the offender is not eligible for parole;
- may be fined a maximum of $50,000; and
- 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.
Additional Resources
45-5-503. Sexual Intercourse without Consent – Visit the Montana State Legislature to find statutes for sex crimes commonly prosecuted in this state. Find the elements of the offense and the possible punishments and penalties. Also find important terms defined within the statutory scheme.
Finding a Lawyer for Rape in Helena, Montana
If you are under investigation for any sexually motivated crime in Montana, then immediately seek out the services of a qualified criminal defense attorney in Helena, Montana. Greg Beebe is experienced in fighting different sex crimes including sexual intercourse without consent, sexual assault, and sexual abuse of a child.
Greg Beebe fights to protect individuals charged with sexually motivated crimes throughout the State of Montana from his offices in Helena in Lewis and Clark County. He represents clients in the City of Boulder for Jefferson County and the surrounding counties including Teton County, Cascade County, Meagher County, Broadwater County, Powell County and Flathead County.
Greg Beebe’s office is conveniently located at 1085 Helena Avenue in Helena, Montana, between North Dakota Avenue and Idaho Avenue. Give him a call today at (406) 442-3300. Let him put his experience to work for you.
