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.