Montana Code 45-5-711. Child sex trafficking
45-5-711. Child sex trafficking. (1) A person commits the offense of child sex trafficking by purposely or knowingly:
Terms Used In Montana Code 45-5-711
- Adult: means a person 18 years of age or older. 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.
- 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
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
- Sex: means the organization of the body parts and gametes for reproduction in human beings and other organisms. 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)committing the offense of sex trafficking with a child; or
(b)recruiting, transporting, transferring, harboring, receiving, providing, obtaining, isolating, maintaining, enticing, or using a child for the purposes of commercial sexual activity.
(2)(a) A person convicted of the offense of child sex trafficking shall be imprisoned in the state prison for a term of 100 years. The court may not suspend execution or defer imposition of the first 25 years of a sentence of imprisonment imposed under this subsection (2)(a) except as provided in 46-18-222(1) through (4). During the first 25 years of imprisonment, the offender is not eligible for parole. The exceptions provided in 46-18-222(5) and (6) do not apply.
(b)In addition to the sentence of imprisonment imposed under subsection (2)(a), the offender:
(i)must be fined in the amount of $400,000; and
(ii)if released after the mandatory minimum period of imprisonment, is subject to supervision by the department of corrections for the remainder of the offender’s life and shall participate in the program for continuous, satellite-based monitoring provided for in 46-23-1010.
(3)It is not a defense in a prosecution under this section:
(a)that a child consented to engage in commercial sexual activity; or
(b)that the defendant believed the child was an adult. Absolute liability, as provided in 45-2-104, is imposed.