50-11-102. Prohibited acts — penalties. (1) A person or entity, public or private, may not knowingly:

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Terms Used In Montana Code 50-11-102

  • Embryo: means an organism of the species Homo sapiens from the single cell stage to 8 weeks of development. See Montana Code 50-11-101
  • Fetus: means an organism of the species Homo sapiens from 8 weeks of development until complete expulsion or extraction from a woman's body or removal from an artificial womb or other similar environment designed to nurture the development of the organism. See Montana Code 50-11-101
  • 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
  • Oocyte: means the human female germ cell, the egg. See Montana Code 50-11-101
  • Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
  • Reproductive human cloning: means human cloning intended to result in the gestation or birth of a child who is genetically identical to another conceptus, embryo, fetus, or human being, living or dead. See Montana Code 50-11-101
  • Somatic cell: means a diploid cell, having a complete set of chromosomes, obtained or derived from a living or deceased human body at any stage of development. See Montana Code 50-11-101
  • 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)perform or attempt to perform reproductive human cloning;

(b)participate in an attempt to perform reproductive human cloning;

(c)ship, transfer, or receive for any purpose an embryo for reproductive human cloning; or

(d)ship, transfer, or receive, in whole or in part, any oocyte, embryo, fetus, or human somatic cell for the purpose of reproductive human cloning.

(2)A violation of subsection (1)(a) or (1)(b), or both, is a felony.

(3)A violation of subsection (1)(c) or (1)(d), or both, is a misdemeanor.

(4)All fines collected under this section must be deposited in the state general fund.