Montana § 45-5-116 - Harm To Fetus Of Another -- Exceptions
Full text of Montana Montana Code Annotated § 45-5-116 — Harm To Fetus Of Another -- Exceptions, with citation guidance and answers to common questions.
§ 45-5-116. Harm To Fetus Of Another -- Exceptions
Harm to fetus of another -- exceptions. (1) A prosecution for a violation of 45-5-102 or 45-5-103 with regard to the death of a fetus of another may not be brought against: (a) a person for conduct relating to an abortion for which the consent of the pregnant woman or a person authorized by law to act on her behalf has been obtained or for which the consent is implied by law; (b) a person for any medical treatment of the pregnant woman or her fetus; or (c) a woman with respect to her fetus. (2) A prosecution for or conviction of an offense under 45-5-102 or 45-5-103 is not a bar to conviction of or punishment for any other crime committed by the defendant as part of the same conduct. (3) As used in 45-5-102 , 45-5-103 , and this section, "fetus" means an organism of the species Homo sapiens from 8 weeks of development until complete expulsion or extraction from a woman's body.
Source: official Montana text · Last verified 2026-08-27
Frequently Asked Questions About Montana § 45-5-116
What does Montana Code Annotated § 45-5-116 cover?
Section 45-5-116 ("Harm To Fetus Of Another -- Exceptions") is part of the Montana Code Annotated, the codified statutory law of Montana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Montana § 45-5-116?
A common citation format is "Montana Code Annotated § 45-5-116" (Montana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Montana law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Montana official source linked on this page or consult a licensed Montana attorney.
How does Montana § 45-5-116 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Montana can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Montana.