{"data":{"id":"us-mt/45-2-211","jurisdiction":"us-mt","citation":"45-2-211","heading":"Consent as defense.","body":"(1) The consent of the victim to conduct charged to constitute an offense or to the result thereof is a defense.\n(2) Consent is ineffective if:\n(a) it is given by a person who is legally incompetent to authorize the conduct charged to constitute the offense;\n(b) it is given by a person who by reason of youth, mental disease or disorder, or intoxication is unable to make a reasonable judgment as to the nature or harmfulness of the conduct charged to constitute the offense;\n(c) it is induced by force, duress, or deception;\n(d) it is against public policy to permit the conduct or the resulting harm, even though consented to; or\n(e) for offenses under 45-5-502, 45-5-503, 45-5-508, 45-5-601, or Title 45, chapter 5, part 7, it is given by a person who the offender knew or reasonably should have known was a victim of human trafficking, as defined in 45-5-701, or was subjected to force, fraud, or coercion, either of which caused the person to be in the situation where the offense occurred.","path":["TITLE 45. CRIMES","CHAPTER 2. GENERAL PRINCIPLES OF LIABILITY","Part 2. Other Factors Affecting Individual Liability"],"source_url":"https://mca.legmt.gov/bills/mca/title_0450/chapter_0020/part_0020/section_0110/0450-0020-0020-0110.html","current_through":"Montana Code Annotated 2025","vintage":"","retrieved_at":"2026-09-14T04:55:28Z","sha256":"417e7ab3bd9daa04fca3a698e5beae434837b0c29504e18d41ede7a36d64dfa3","source_id":"us-mt","stale":false,"prev":"us-mt/45-2-205","next":"us-mt/45-2-212"},"notice":"GroundRules: Original legal text. Not legal advice."}