Montana § 45-2-211 - Consent As Defense
Full text of Montana Montana Code Annotated § 45-2-211 — Consent As Defense, with citation guidance and answers to common questions.
§ 45-2-211. Consent As Defense
Consent as defense. (1) The consent of the victim to conduct charged to constitute an offense or to the result thereof is a defense. (2) Consent is ineffective if: (a) it is given by a person who is legally incompetent to authorize the conduct charged to constitute the offense; (b) it is given by a person who by reason of youth, mental disease or disorder, or intoxication is unable to make a reasonable judgment as to the nature or harmfulness of the conduct charged to constitute the offense; (c) it is induced by force, duress, or deception; (d) it is against public policy to permit the conduct or the resulting harm, even though consented to; or (e) for offenses under 45-5-502 , 45-5-503 , 45-5-508 , 45-5-601 , or Title 45, chapter 5, part 7, it is given by a person who the offender knew or reasonably should have known was a victim of human trafficking, as defined in 45-5-701 , or was subjected to force, fraud, or coercion, either of which caused the person to be in the situation where the offense occurred.
Frequently Asked Questions About Montana § 45-2-211
What does Montana Code Annotated § 45-2-211 cover?
Section 45-2-211 ("Consent As Defense") 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 § 45-2-211?
A common citation format is "Montana Code Annotated § 45-2-211" (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 § 45-2-211 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.