Montana Code 45-5-116. Harm to fetus of another — exceptions
45-5-116. Harm to fetus of another — exceptions. (1) A prosecution for a violation of 45-5-102 or 45-5-103 with regard to the death of a fetus of another may not be brought against:
Terms Used In Montana Code 45-5-116
- Conviction: A judgement of guilt against a criminal defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
(a)a person for conduct relating to an abortion for which the consent of the pregnant woman or a person authorized by law to act on her behalf has been obtained or for which the consent is implied by law;
(b)a person for any medical treatment of the pregnant woman or her fetus; or
(c)a woman with respect to her fetus.
(2)A prosecution for or conviction of an offense under 45-5-102 or 45-5-103 is not a bar to conviction of or punishment for any other crime committed by the defendant as part of the same conduct.
(3)As used in 45-5-102, 45-5-103, and this section, “fetus” means an organism of the species Homo sapiens from 8 weeks of development until complete expulsion or extraction from a woman’s body.