Sex Crimes

A charge for a sex crime can end a career, threaten to break up a family, and destroy a reputation. A sex crime conviction can cause serious consequences from being on probation to spending a lifetime in jail.

In the state of Montana, it is illegal to be involved in sexual contact with another person without that person’s consent. A sex crime violation can result in a felony conviction and even a life sentence if the assault results in a serious injury.

In Montana, a person who knowingly makes sexual contact with another person without the consent of that person can be charged with the crime of sexual assault. If nonconsensual contact involves sexual intercourse, a person may be charged with the felony of sexual intercourse without consent, or rape.

Attorney for Sex Crimes in Helena, Montana

If you were arrested for a sex crime in the state of Montana, you need to contact an experienced criminal defense attorney immediately to discuss your case. Greg Beebe is an aggressive criminal defense attorney at Beebe Law Firm and understands the severity of sexually motivated crimes in Montana.

Sex crimes in any state are far-reaching offenses and can lead to severe convictions, so contacting the Beebe Law Firm should be your first immediate choice after being accused of such a crime. Greg is ready to represent you, no matter what sexual crime you were charged with.

Greg Beebe represents residents in Helena in Lewis and Clark County, Boulder in Jefferson County, Missoula in Missoula County, Bozeman Gallatin County, and other surrounding areas in Montana.


Information Center for Sex Crimes in Helena, MT

  •  Sexual Assault
  •  Rape (Sexual Intercourse Without Consent)
  •  Indecent Exposure
  •  Failure to Register as a Sex Offender
  •  Prostitution
  •  Promoting Prostitution
  •  Sexual Abuse of Children
  •  Human Trafficking

Sexual Assault

A person who knowingly subjects another person to any sexual contact without consent commits the offense of sexual assault. The penalties depend on the number of prior convictions including: 

  • On the first conviction for sexual assault, the offender shall be fined a maximum of $500, be imprisoned for a maximum of 6 months, or both; and
  • On the second conviction for sexual assault, the offender shall be fined a maximum of $1,000, be imprisoned for a maximum of 1 year, or both.
  • On a third and subsequent conviction for sexual assault, the offender shall be fined a maximum of $10,000, be imprisoned for a maximum of 5 years, or both.

If the victim is less than 16 years old, and the offender is 3 or more years older than the victim, or if the offender inflicts bodily injury upon anyone in the course of committing sexual assault, the offender shall be punished by life imprisonment or by imprisonment in the state prison for a minimum of 4 years, unless the judge makes written findings that there is good cause to impose a term less than 4 years.

In some cases, the court can impose a minimum sentence of 4 years or a maximum sentence of 100 years. Additionally, the offender can be fined a maximum of $50,000.


Rape (Sexual Intercourse without Consent)

Under Montana's laws, rape is called “sexual intercourse without consent” and the crime includes statutory rape. A person who engages in sexual intercourse with a child under the age of 16 commits the crime of sexual intercourse without consent.

A person who knowingly has sexual intercourse without consent with another person commits the offense of sexual intercourse without consent. A person may not be convicted under this section based on the age of the person's spouse.

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.


Sexual Abuse of Children

A person commits the crime of sexual abuse of children in Montana if the person:

  • knowingly employs, uses, or permits the employment or use of a child in an exhibition of sexual conduct, actual or simulated;

  • knowingly photographs, films, videotapes, develops or duplicates the photographs, films, or videotapes, or records a child engaging in sexual conduct, actual or simulated;

  • knowingly, by any means of communication, including electronic communication, persuades, entices, counsels, or procures a child under 16 years of age or a person the offender believes to be a child under 16 years of age to engage in sexual conduct, actual or simulated;

  • knowingly processes, develops, prints, publishes, transports, distributes, sells, exhibits, or advertises any visual or print medium, including a medium by use of electronic communication in which a child is engaged in sexual conduct, actual or simulated;

  • knowingly possesses any visual or print medium, including a medium by use of electronic communication in which a child is engaged in sexual conduct, actual or simulated;

  • possesses with intent to sell any visual or print medium, including a medium by use of electronic communication in which a child is engaged in sexual conduct, actual or simulated;

  • knowingly travels within, from, or to this state with the intention of meeting a child under 16 years of age or a person the offender believes to be a child under 16 years of age in order to engage in sexual conduct, actual or simulated; or

  • knowingly coerces, entices, persuades, arranges for, or facilitates a child under 16 years of age or a person the offender believes to be a child under 16 years of age to travel within, from, or to this state with the intention of engaging in sexual conduct, actual or simulated.

A person convicted of the offense of sexual abuse of children shall be punished by life imprisonment or by imprisonment in the state prison for a maximum of 100 years and may be fined a maximum of $10,000.

If the victim is under 16 years of age, a person convicted of the offense of sexual abuse of children shall be punished by life incarceration or by incarceration in the state prison for a minimum of 4 years and a maximum of 100 years and may be fined a maximum of $10,000.

A person convicted of the offense of sexual abuse of children for the possession of material, such as any visual or print medium, including a medium by use of electronic communication in which a child is engaged in sexual conduct, actual or simulated, shall be fined a maximum of $10,000, be imprisoned in the state prison for a maximum of 10 years, or both.

An offense is not committed if the visual or print medium is processed, developed, printed, published, transported, distributed, sold, possessed, or possessed with intent to sell, or if the activity is financed, as part of a sexual offender information or treatment course or program conducted or approved by the department of corrections.

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 imposed, and during the first 25 years of imprisonment, the offender is not eligible for parole;

  • may be fined an amount not to exceed $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.

Indecent Exposure

A person commits the offense of indecent exposure if the person knowingly or purposely exposes the person's genitals or intimate parts by any means, including electronic communication as defined in 45-5-625(5)(a), under circumstances in which the person knows the conduct is likely to cause affront or alarm in order to:

  • 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.

A person convicted of the offense of indecent exposure shall be fined a maximum of $500, be imprisoned in the county jail for a maximum of 6 months, or both.

On a second conviction, the person shall be fined a maximum of $1,000, be imprisoned in the county jail for a maximum of a 1-year, or both.

On a third or subsequent conviction, the person shall be fined a maximum of $10,000, be imprisoned in a state prison for a maximum of 10 years, or both.


Failure to Register as a Sex Offender

A sexual or violent offender who knowingly fails to register, verify registration, or keeps registration current under this part may be sentenced to a term of imprisonment for a maximum of 5 years, be fined a maximum of $10,000, or both.


Prostitution

A person commits the offense of prostitution if the person engages in, agrees, or offers to engage in sexual intercourse with another person for compensation, whether the compensation is received, to be received or paid, or to be paid.

A prostitute convicted of prostitution shall be fined a maximum of $500, be imprisoned in the county jail for a maximum of 6 months, or both.

A patron who is convicted of prostitution for the first offense shall be fined a maximum of $1,000, be imprisoned for a maximum of 1 year, or both, and for a second or subsequent offense shall be fined a maximum of $10,000, be imprisoned for a maximum of 5 years, or both.

If the person patronized was a child and the patron was 18 years of age or older at the time of the offense, whether or not the patron was aware of the child's age, the patron 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 imposed, 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.

Promoting Prostitution

A person commits the offense of promoting prostitution if the person purposely or knowingly commits any of the following acts:

  • owns, controls, manages, supervises, resides in, or otherwise keeps, alone or in association with others, a house of prostitution or a prostitution business;
  • procures an individual for a house of prostitution or a place in a house of prostitution for an individual;
  • encourages, induces, or otherwise, purposely causes another to become or remain a prostitute;
  • solicits clients for another person who is a prostitute;
  • procures a prostitute for a patron;
  • transports an individual into or within this state with the purpose to promote that individual engaging in prostitution or procures or pays for transportation with that purpose;
  • leases or otherwise permits a place controlled by the offender, alone or in association with others, to be regularly used for prostitution or for the procurement of prostitution or fails to make reasonable effort to abate that use by ejecting the tenant, notifying law enforcement authorities, or using other legally available means; or
  • lives in whole or in part upon the earnings of an individual engaging in prostitution, unless the person is the prostitute's minor child or other legal dependent incapable of self-support.

A person convicted of promoting prostitution shall be fined a maximum of $50,000, be imprisoned in a state prison for a maximum of 10 years, or both.

If the person engaging in prostitution was a child, and the patron was 18 years of age or older at the time of the offense, whether or not the patron was aware of the child's age, the patron 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 imposed, and during the first 25 years of imprisonment, the offender is not eligible for parole;
  • may be fined an amount not to exceed $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.

Human Trafficking

A person commits the offense of trafficking of persons if the person purposely or knowingly:

  • recruits, transports, transfers, harbors, receives, provides, obtains, isolates, maintains, or entices another person intending or knowing that the person will be subjected to involuntary servitude or sexual servitude; or
  • benefits, financially or by receiving anything of value, from participation in a venture that has subjected another person to involuntary servitude or sexual servitude.

A person convicted of the offense of trafficking in persons shall be imprisoned in the state prison for a maximum of 15 years, fined a maximum of $50,000, or both.

A person convicted of the offense of trafficking in persons shall be imprisoned in the state prison for a term of not more than 50 years and may be fined not more than $100,000 if:

  •  the violation involves aggravated kidnapping, sexual intercourse without consent, or deliberate homicide; or
  •  the victim was a child.

Additional Resources

Sexual Crimes – Visit the official website of the Montana Legislature to read more about the definitions, penalties, and fines for sexual offenses in the state of Montana.

Internet Crimes Against Children – Visit Montana's Internet Crimes Against Children Task Force's website to read more about their mission to protect children on the web.

Montana Registered Sexual or Violent Offenders – Visit this site to learn more about which sexual and violent offenders are registered in each area of Montana.

Sexual Crimes in Montana - Visit the Montana Legislature to learn more about Title 45 crimes under Chapter 5 for offenses against the person involving sexual crimes under Part 5. Learn more about the most commonly prosecuted sexually motivated crimes in Montana including sexual assault and sexual intercourse without consent.


Finding a Sex Crime Attorney in Helena, Montana

If you or someone you know was arrested for a sex crime in Montana, you need to discuss your case immediately and confidentially with an experienced Montana criminal defense attorney. Greg Beebe at Beebe Law Firm is prepared to assist you, no matter what criminal charges you face. His familiarity with the courts and the resources available for people accused of sexual offenses may help you avoid the most serious criminal penalties.

Greg Beebe will fight and defend anyone in the State of Montana and residents in Lewis and Clark County, Missoula County, Gallatin County or other Montana communities. His office is conveniently located at 1085 Helena Avenue in Helena, Montana, between Idaho Avenue and North Dakota Avenue. Give him a call today at 1 (406) 442-3625. 


This article was last updated on Thursday, September 15, 2016.

Location:

Beebe Law Firm - Criminal Defense & DUI
1085 Helena Ave. Helena, MT 59601