45-5-703. Involuntary servitude. (1) A person commits the offense of involuntary servitude if the person purposely or knowingly uses coercion to compel another person to provide labor or services, unless the conduct is otherwise permissible under federal or state law.
Terms Used In Montana Code 45-5-703
- Coercion: means :
(a) the use or threat of force against, abduction of, serious harm to, or physical restraint of a person;
(b) the use of a plan, pattern, or statement with intent to cause a person to believe that failure to perform an act will result in the use of force against, abduction of, serious harm to, or physical restraint of a person;
(c) the abuse or threatened abuse of law or legal process;
(d) controlling or threatening to control a person's access to any substance defined as a dangerous drug pursuant to Title 50, chapter 32, parts 1 and 2;
(e) the actual or threatened destruction or taking of a person's identification document or other property;
(f) the use of debt bondage;
(g) the use of a person's physical or mental impairment when the impairment has a substantial adverse effect on the person's cognitive or volitional function; or
(h) the commission of civil or criminal fraud. See Montana Code 45-5-701
- Knowingly: means only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See Montana Code 1-1-204
- Labor or services: means activity having economic value. See Montana Code 45-5-701
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
(2) (a) Except as provided in subsection (2)(b), a person convicted of the offense of involuntary servitude shall be imprisoned in the state prison for a term of not more than 15 years, fined an amount not to exceed $50,000, or both.
(b) A person convicted of the offense of involuntary servitude 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:
(i) the violation involves aggravated kidnapping, sexual intercourse without consent, or deliberate homicide; or
(ii) the victim was a child.