Montana Code Annotated 2019

TITLE 45. CRIMES

CHAPTER 5. OFFENSES AGAINST THE PERSON

Part 7. Human Trafficking

Sexual Servitude

45-5-704. Sexual servitude. (1) A person commits the offense of sexual servitude if the person purposely or knowingly:

(a) uses fraud, coercion, or deception to compel an adult to engage in commercial sexual activity; or

(b) recruits, transports, transfers, harbors, receives, provides, obtains by any means, isolates, entices, maintains, or makes available a child for the purpose of commercial sexual activity.

(2) It is not a defense in a prosecution under subsection (1)(b) that the child consented to engage in commercial sexual activity or that the defendant believed the child was an adult.

(3) (a) A person convicted of the offense of sexual servitude under subsection (1)(a) shall be imprisoned in the state prison for a term of not more than 15 years, fined an amount not to exceed $50,000, or both.

(b) A person convicted of the offense of sexual servitude under subsection (1)(b) shall be imprisoned in the state prison for a term of not more than 25 years and fined an amount not to exceed $75,000.

History: En. Sec. 4, Ch. 285, L. 2015; amd. Sec. 6, Ch. 308, L. 2019.