Sexual Abuse of Children

Allegations of sexual abuse against a child is far more common in Montana then many people realize. In 2008 and 2009, the Montana Child and Family Services Division received 1,406 reports of child sexual abuse. More than 347 rapes were reported to law enforcement agencies in Montana in 2009. More than half of these rape cases involved alleged victims between the age of 3 to 17 years old. 

If you were accused of sexual abuse of children then contact an experienced criminal defense attorney. For cases in Helena, Montana, Greg Beebe represents clients charged with a variety of serious sexually motivated crimes.

He represents clients charged with sexual assault, rape and crimes against children throughout Lewis and Clark County, Jefferson County, Teton County, Cascade County, Meagher County, Broadwater County, Powell County and Flathead County.

Call 1 (406) 442-3625 today to discuss your case.


Montana Statute MCA § 45-5-625

Under MCA § 45-5-625, the crime of sexual abuse of children involves an allegation that a person did one of the following:

  • 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 to engage in sexual conduct, actual or simulated, for use in a(n) (exhibition) (photograph, film, videotape, or recording); 
  • 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 children are engaged in sexual conduct, actual or simulated; 
  • knowingly possesses any visual or print medium, including a medium by use of electronic communication, in which children are engaged in sexual conduct, actual or simulated; 
  • finances (insert the appropriate activity listed above) knowing that it is of that nature; or
  • knowingly possesses with intent to sell any visual or print medium, including a medium by use of electronic communication, in which children are engaged in sexual conduct, actual or simulated; 

The standard jury instructions for sexual abuse of children can be at MCJI 5-128. At trial, the court must give the standard jury instructions found in MCJI 1-123 related to those enhancements.


Penalties for Sexual Abuse of a Child in Montana

The penalties for the crime of sexual abuse of a child depending on whether certain aggravated circumstances can be proven. The aggravating circumstances for sentencing purposes after a conviction for sexual abuse of a child found in MCA § 45-5-507(4) must be alleged and proved beyond a reasonable doubt to the trier of fact. See Apprendi v. New Jersey, 530 U.S. 466 (2000). 

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. The term “electronic communication” is defined in MCA § 45-8-213(4).

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.

Additional Resources

Sexual Abuse of Children in Montana - Visit the website of the Montana State Legislature to find the statutory language for Section 45-5-625 which prohibits the sexual abuse of children. Read more about the penalties and punishments for this very serious sexually motivated crimes. Also find definitions of electronic communications and sexual conduct.  

Internet Crimes Against Children in Montana - Visit the Montana ICAC (Internet Crimes Against Children) Task Force website to find information on this nationwide initiative started 1998 to provide resources to investigate and prosecute those who sexually exploit children. 


Finding a Lawyer for Sex Abuse of a Child in Helana, Montana

With offices conveniently located at 1085 Helena Avenue in Helena, Montana, between Idaho Avenue and North Dakota Avenue, Greg Beebe is ready to provide you with a confidential consultation. Call 1 (406) 442-3625 to set up a free and confidential consultation to discuss your case.

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

After an accusation, you need a criminal defense attorney for sex crimes such as sexual abuse of a child, sexual intercourse without consent, and sexual assault. Call 1 (406) 442-3625 for a free consultation today. 


This article was last updated on Friday, September 16, 2016.

Location:

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