BDSM and The Law
This is NOT legal advice.
If you live in Montana ask your Legislator
to change these laws
Age of Consent is 18
Bozeman, Montana, has a law that bans all sexual activity between members of the opposite sex in the front yard of a home after sundown- if they're nude. (Apparently, if you wear socks, you're safe from the law!)
Helena, Montana, mandates that a woman can't dance on a table in a saloon or bar unless she has on at least three pounds, two ounces of clothing.
“Obscene” means material that meets the following criteria:
(i) When examined in its totality, the material appeals to a prurient interest.
(ii) The material depicts or describes, in a patently offensive way, sexual conduct specifically defined by state law.
(iii) When examined in its totality, the material lacks serious literary, artistic, political, or scientific value.
45-5-505. Deviate sexual conduct
(1) A person who knowingly engages in deviate sexual relations or who causes another to engage in deviate sexual relations commits the offense of deviate sexual conduct.
(2) A person convicted of the offense of deviate sexual conduct shall be imprisoned in the state prison for any term not to exceed 10 years or be fined an amount not to exceed $50,000, or both.
(3) The fact that a person seeks testing or receives treatment for the HIV-related virus or another sexually transmitted disease may not be used as a basis for a prosecution under this section and is not admissible in evidence in a prosecution under this section.
45-5-601. Prostitution. (1) A person commits the offense of prostitution if the person engages in or agrees or offers to engage in sexual intercourse with another person for compensation, whether such compensation is received or to be received or paid or to be paid.
(2) (a) A prostitute convicted of prostitution shall be fined an amount not to exceed $500 or be imprisoned in the county jail for a term not to exceed 6 months, or both.
(b) A prostitute's client who is convicted of prostitution shall for the first offense be fined an amount not to exceed $1,000 or be imprisoned for a term not to exceed 1 year, or both, and for a second or subsequent offense shall be fined an amount not to exceed $10,000 or be imprisoned for a term not to exceed 5 years, or both.
45-5-602. Promoting prostitution. (1) A person commits the offense of promoting prostitution if the person purposely or knowingly commits any of the following acts:
(a) owns, controls, manages, supervises, resides in, or otherwise keeps, alone or in association with others, a house of prostitution or a prostitution business;
(b) procures an individual for a house of prostitution or a place in a house of prostitution for an individual;
(c) encourages, induces, or otherwise purposely causes another to become or remain a prostitute;
(d) solicits clients for another person who is a prostitute;
(e) procures a prostitute for a patron;
(f) transports an individual into or within this state with the purpose to promote that individual's engaging in prostitution or procures or pays for transportation with that purpose;
(g) leases or otherwise permits a place controlled by the offender, alone or in association with others, to be regularly used for prostitution or for the procurement of prostitution or fails to make reasonable effort to abate that use by ejecting the tenant, notifying law enforcement authorities, or using other legally available means; or
(h) lives in whole or in part upon the earnings of an individual engaging in prostitution, unless the person is the prostitute's minor child or other legal dependent incapable of self-support.
(2) A person convicted of promoting prostitution shall be fined an amount not to exceed $50,000 or be imprisoned in a state prison for a term not to exceed 10 years, or both.
45-5-603. Aggravated promotion of prostitution. (1) A person commits the offense of aggravated promotion of prostitution if the person purposely or knowingly commits any of the following acts:
(a) compels another to engage in or promote prostitution;
(b) promotes prostitution of a child under the age of 18 years, whether or not the person is aware of the child's age;
(c) promotes the prostitution of one's spouse, child, ward, or any person for whose care, protection, or support the person is responsible.
(2) (a) Except as provided in subsection (2)(b), a person convicted of aggravated promotion of prostitution shall be punished by:
(i) life imprisonment; or
(ii) imprisonment in a state prison for a term not to exceed 20 years or a fine in an amount not to exceed $50,000, or both.
(b) Except as provided in 46-18-219 and 46-18-222, a person convicted of aggravated promotion of prostitution of a child, who at the time of the offense is under 18 years of age, shall be punished by:
(i) life imprisonment; or
(ii) imprisonment in a state prison for a term of not less than 4 years or more than 100 years or a fine in an amount not to exceed $100,000, or both.