Montana Code Annotated 2023

TITLE 46. CRIMINAL PROCEDURE

CHAPTER 16. TRIAL

Part 2. Rules of Evidence for Criminal Cases

Definitions

46-16-226. Definitions. As used in 46-16-226 through 46-16-229, the following definitions apply:

(1) "Child witness" means an individual who is:

(a) 13 years of age or younger at the time the individual is called as a witness in a criminal proceeding involving a sexual or violent offense; or

(b) under 16 years of age at the time that the individual is called as a witness in a criminal proceeding involving a sexual or violent offense and who is an individual with a developmental disability, as defined in 53-20-102.

(2) "Sexual offense" means any violation of or attempt, solicitation, or conspiracy to commit a violation of 45-5-502, 45-5-503, 45-5-504, 45-5-507, 45-5-625, [45-5-705(1)(b)], 45-5-706, or 45-5-711.

(3) "Violent offense" means any violation of or attempt, solicitation, or conspiracy to commit a violation of 45-5-102, 45-5-103, 45-5-202, 45-5-206, 45-5-210, 45-5-212, 45-5-213, 45-5-215, 45-5-302, 45-5-303, 45-5-401, 45-6-103, or 45-9-132.

History: En. Sec. 1, Ch. 488, L. 2007; amd. Sec. 12, Ch. 394, L. 2017; amd. Sec. 22, Ch. 167, L. 2023.