45-5-704. Sexual servitude. (1) A person commits the offense of sexual servitude if the person purposely or knowingly:
Terms Used In Montana Code 45-5-704
- Adult: means a person 18 years of age or older. See Montana Code 45-5-701
- 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
- Commercial sexual activity: means sexual activity for which anything of value is given to, promised to, or received by a person. See Montana Code 45-5-701
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Fraud: Intentional deception resulting in injury to another.
- 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
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Sexual activity: means any sex act or simulated sex act intended to arouse or gratify the sexual desire of any person. See Montana Code 45-5-701
- 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
(a) uses fraud, coercion, or deception to compel an adult to engage in commercial sexual activity; or
(b) recruits, transports, transfers, harbors, receives, provides, obtains by any means, isolates, entices, maintains, or makes available a child for the purpose of commercial sexual activity.
(2) It is not a defense in a prosecution under subsection (1)(b) that the child consented to engage in commercial sexual activity or that the defendant believed the child was an adult.
(3) (a) A person convicted of the offense of sexual servitude under subsection (1)(a) 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 sexual servitude under subsection (1)(b) shall be imprisoned in the state prison for a term of not more than 25 years and fined an amount not to exceed $75,000.