Sexual Assault Laws in Montana

Montana calls rape 'sexual intercourse without consent': knowingly having sexual intercourse with someone without consent or who cannot consent. It is punishable by life imprisonment or up to 20 years in prison and a fine of up to $50,000; if the offender causes bodily injury the range is 4 to 100 years or life, and in a gang assault each offender faces 5 to 100 years or life. 'Sexual assault' is knowingly subjecting someone to sexual contact without consent: up to 1 year in county jail and $1,000 for a first conviction, up to 5 years for a second and up to 10 years for a third or later, but 4 to 100 years or life if the offender causes bodily injury. Age-based offenses are covered on the age-of-consent page.

Montana's rule on court-appointed lawyers: The Office of State Public Defender assigns counsel to eligible applicants; eligibility determinations are subject to the review and approval of the court. An applicant is indigent if 'the applicant's gross household income is at or less than 133% of the poverty level' (federal poverty guidelines) or if disposable income and assets are 'insufficient to retain competent private counsel without substantial hardship to the applicant.' The applicant must provide a detailed financial statement and sign an affidavit on a prescribed form; false statements may be prosecuted. The section does not set an application fee. MCA § 47-1-111

Lawyers set their own fees, and Montana has rules on how they may charge. See hiring a criminal defense lawyer in Montana for fee rules, how to check a lawyer's license and free help.

How release before trial works in Montana: Before a verdict, the court must either authorize release 'upon reasonable conditions that ensure the appearance of the defendant' and protect the safety of the community or any person, or detain the defendant when there is probable cause to believe the defendant committed an offense for which death is a possible punishment and adequate safeguards are unavailable (§ 46-9-106). The amount of bail must be sufficient to ensure the defendant's presence and compliance with bail conditions and to protect any person from bodily injury; 'not oppressive'; commensurate with the nature of the offense; and considerate of the financial ability of the accused, prior record, history of abscondence, length of residence and community ties, family ties, mental health status and treatment, and employment status (§ 46-9-301). MCA §§ 46-9-106, 46-9-301 What happens after an arrest.

Each state sets its own rules for sealing or expunging records. See Montana expungement and record sealing rules.