Sec. If you need an attorney, find one right now. The age of consent is eighteen. Stalkingis another behavior of concern that is directed towards an individual and causes them to be fearful. 1, Ch. ), There is an exception for sexual conduct short of intercourse so long as the defendant is no more than three years older than the child. The age of consent is eighteen. The age of consent is eighteen. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. All rights reserved. With parental consent, males can marry at seventeen and females can marry at fifteen. The age of consent is eighteen. 2010-2012, 24.1% of Montanans indicated that they were raped at some point in their lifetime, and 41.4% reported that they had experienced other sexual violence other than rape. It happens in every state but can be prevented through a variety of prevention measures that focus on increasing protective factors and decreasing risk factors. Generally, these would be felony conviction consequences if they are convicted of the crime. Minimum Legal Age with Parental Consent. Sec. (c)the court finds that the alleged conduct was consensual as indicated by words or overt actions indicating a freely given agreement to have sexual intercourse or sexual contact. (Mont. 2, Ch. Unlike sexual abuse, this type of assault usually occurs only one time by an individual or group of perpetrators. The amount, method, and time of payment must be determined in the same manner as provided for in 46-18-244. in 2017 from the University of Houston Law Center and his B.A. Montana. The following chart provides a brief overview of the age of consent for marriage in all 50 states, the District of Columbia, and Puerto Rico as well as links to relevant statutes. Sec. 40 Percent of Russian Girls Lose Virginity Before Reaching Age of Consent. Find data on the age of consent in other states. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Sec. One or more of these charges may be used to prosecute violations of the Montana Age of Consent, as statutory rape or the Montana equivalent of that charge. Innocence is always considered as a defense in Montana. View international ages of consent. If the age of consent in a jurisdiction is 16 years old, then a 16 year old can legally consent to engaging in sexual activity with a 40 year old. The age of consent is eighteen. For a second or subsequent offense, punishable by imprisonment for any term of not less than two years or more than 40 years and a fine not to exceed $50,000, or both. Submit your case to start resolving your legal issue. Copyright 2023, Thomson Reuters. With written parental consent, a person can marry at seventeen as long as one party isn't more than two years older than the minor. Additionally, some states divide rape into degrees based on the seriousness of the offense. Contact. This can be done at the individual, relationship, community, and societal level. Any sexual contact without consent, or that continues after consent has been withdrawn, is sexual assault or rape. The age of consent is eighteen. The age of consent is eighteen. Teach them to ask their friends if they like to be hugged before going in for an embrace. The lowest minimum age is 14 years, set in seven Member States: Austria, Bulgaria, Estonia, Germany, Hungary, Italy and Portugal. Minors cannot get married. The length of a persons prison sentence will largely depend on the severity of the crime, as well as whether the defendant has any prior convictions for rape or other felonies. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location, Begin typing to search, use arrow However, the age of consent for homosexual conduct is 18 years old, regardless of the persons assigned sex at birth. Or, the individual must have written consent from a parent. Code Ann. Based on this, the law might set the legal age of consent for sexual relations at say 15, 16, or 17. Two individuals who are both sixteen or seventeen may marry with written parental consent from the parents of each party. 1, Ch. The U.S. federal law makes sexual acts between the ages of 12-16 illegal if an individual is less than four years younger than the other party. (8)If as a result of sexual intercourse without consent a child is born, the offender who has been convicted of an offense under this section and who is the biological parent of the child resulting from the sexual intercourse without consent forfeits all parental and custodial rights to the child if the provisions of 46-1-401 have been followed. The age of consent is eighteen. There are no set close-in-age exemptions or "Romeo and Juliet laws" to Montana's age of consent law. An example of this would be when the victim is asleep. 483, L. 2007; amd. SeeEmancipation of MinorsandParental Liability Basicsfor related information. A person under sixteen can marry by order of a children's or family division of the district court. Having sex with a minor between the ages of 12 and 16, who is at least four years younger, is a crime. Code Ann. Rape is acknowledged as one of the most under-reported crimes, so most experts see the numbers below as conservative estimates. This is because it is the older persons responsibility to determine the real age of the individual, and to ensure that their actions are legal. There are a total of 31 states have set their age of consent at 16, the lowest age of consent in any state. Meeting with a lawyer can help you understand your options and how to best protect your rights. A person may marry at seventeen if the person has parental consent and the individual presents a certified copy of an order granting authorization to marry. 279, L. 2017; amd. Anyone who engages in sexual activity of any type with a partner under the applicable Age of Consent is breaking the law and can be charged with crimes ranging from a misdemeanor to a felony (statutory rape) depending on the jurisdiction in which they are prosecuted. Legally reviewed by Nicole Prebeck, Esq. Montana's lawmakers have deemed younger children unable to consent to sexual intercourse, in the same way that someone who is mentally incapacitated or unconscious is unable to consent to intercourse. Exact penalties for rape convictions vary by state and largely depend on the facts and circumstances of each individual case. (ii)may be fined an amount not to exceed $50,000; and. All rights reserved. One form of physical abuse that is often seen in these cases is strangulation. ), In most states, it is not a defense to a charge of statutory rape that the defendant mistakenly believed the child to be of age, even if the child concealed or misstated his or her age and the mistake was a reasonable one. Get tailored family law advice and ask a lawyer questions. This self-consent applies only to the prevention, diagnosis, and treatment of those conditions specified in this subsection. However, two individuals may marry each other if both are at least sixteen, or one of the individuals is not more than four years older than the other. 3, Ch. Content 2023 Age-Of-Consent.info, all rights reserved. The age of consent is eighteen. Martial rape is rape that occurs in a marriage, such as when a spouse forces a sexual act onto the other spouse without their consent. 335, L. 2007; amd. Sexual intercourse without consent. No one under sixteen can marry. The age of consent is nineteen. In other states, the court may have more discretion in terms of the length of the defendants sentence, as well as regarding whether the defendant can serve any portion of their sentence on probation rather than in prison. Did your case. The marital defense is a remnant of the marital rape exemption. Contact us. Get tailored family law advice and ask a lawyer questions. (1) A person who knowingly has sexual intercourse with another person without consent or with another person who is incapable of consent commits the offense of sexual intercourse without consent. If you need an attorney, find one right now. Risk factors, on the other hand, can increase risk in individuals, families, and communities by decreasing their health and well-being. Each state enacts its owns laws which set the age of consent. 513, L. 1973; amd. Code Ann. fondling, forced masturbation, producing pornographic images of children, intercourse) is illegal. punch, slap, kick), emotionally abuse (e.g. Abortion is banned in Texas with very limited exceptions, but state law still says that for minors: Requires parental consent from one parent. Whether you are looking to file a lawsuit, get emancipated, or get certain types of healthcare, you'll want to know the law in Montana and how it may impact your ability to do any of those things. In Montana, sexual assault is a less serious crime than sexual intercourse without consent. Sec. The age of consent is eighteen. Code Ann. Are There Any Defenses To Age Of Consent In Montana? If you need an attorney, find one right now. Sexual violenceis a sex actcompleted or attemptedagainst a victim's will or when a victim is unable to consent due to age, illness, disability, or the influence of alcohol or other drugs. Each U.S. state has its own general age of consent. In order to ensure that you're complying with the requirements for a valid marriage in your state, you may want to contact a localfamily law attorney. In most states, the travel or transportation of a minor over state lines with the intention of engaging in sexual activity is in itself a severe misdemeanor or felony. 3, Ch. ButMontana legal ages lawsalso govern a minor's eligibility for emancipation, the legal capacity for signing acontractorconsenting to medical treatment. This article provides a brief overview of legal age statutes in the state of Montana. 312, L. 1997; amd. 1947, 69-6101; amd. Montana's legal consent age is 16 under section 45-5-625(c) of the Montana Code. Who has Custody of a Child if there is no Court Order? For more details on a state's marriage age of consent laws, please read the statutes of that state. Table A-8a. 584, L. 1977; R.C.M. Sec. Anyone under the age of 16 needs written parental consent and the written approval of a judge. 41-1-402), Legal Age for Alcohol, Tobacco, E-cigarettes, and Marijuana Purchase and/or Consumption. 1, Ch. Sec. This field is for validation purposes and should be left unchanged. 188, Ch. 45-5-503 Sexual intercourse without consent. Nevada : Y 18 . Maryland: Parental consent is needed if under 18 years of age. With parental consent, a person can marry at sixteen. The age of consent is eighteen. Male Teen Has Consensual Sex with Female Teen. It is one method of exercising power and control over another person. A conviction for rape may result in a life sentence for the defendant, depending on the facts that are shown at trial. Law, About (Mont. Legally rape is one of the serious criminal offenses in most jurisdictions, and the legal information institute carries a lengthy sentence (115 years on average) and heavy fines of around $100,000. Contact a qualified family law attorney to make sure your rights are protected. There are many different circumstances in which a person may be charged with rape, which may include: The different kinds of rape may be categorized depending on the factors that are present, such as the parties ages and relationship to each other. In 2017, Montana wrote strangulation into the law as a felony (MT Legislation). The table below highlights some of the main provisions of Montana's legal ages laws. Any minor petitioning a Montana court for emancipation that is, being declared an adult in the eyes of the law must be a Montana resident, 16 years old, and able to support and manage one's own affairs. The meticulous class of the offense committed (crime, misconduct, etc.) Sec. Copyright 1999-2023 LegalMatch. Code Ann. (b)If two or more persons are convicted of sexual intercourse without consent with the same victim in an incident in which each offender was present at the location where another offender's offense occurred during a time period in which each offender could have reasonably known of the other's offense, each offender shall be punished by life imprisonment or by imprisonment in the state prison for a term of not less than 5 years or more than 100 years and may be fined not more than $50,000, except as provided in 46-18-219 and 46-18-222. It is a common form of sexual assault and can be committed in a variety of situations: on a date, by a friend or an acquaintance, or by a stranger. Date rape occurs when unlawful sexual intercourse is committed during a social engagement between the rapist and the victim. (iii)shall be ordered to enroll in and successfully complete the educational phase and the cognitive and behavioral phase of a sexual offender treatment program provided or approved by the department of corrections. (Adapted fromhttps://www.rainn.org/andhttp://www.womenshealth.gov/.). The Montana Legal Age of Consent for sexual contact is 16 years old . Date rape can also occur when a victim has been drugged and the rapist has sexual intercourse with them. Montana has six statutory sexual abuse charges on the books which are used to prosecute age of consent and child abuse related crimes within the state. (Mont. The age of consent is eighteen. The age of consent ranges from 16 to 18. Related: Consent Laws By State: Updated 2022, Related: New York Consent Laws: Updated 2022. Montana 16: Under Montana's laws, rape is called "sexual intercourse without consent" and the crime includes statutory rape. This type of harassment typically occurs in the workplace or a learning environment and is directed towards an individual or group of people. 1, Ch. When a victim is married to an offender, having sex can defend and save the offender from prosecution. A teenage girl and her brother's friend find themselves alone at a. largely depends on the comparative ages of the offender and the victim. 45-5-501, 45-5-503. Texas -The age of consent is 17. 46-23-502, 46-23-504, 46-23-506 (2018).). When there is enough evidence, the perpetrator will be charged with rape and arrested. 45-5-501 (2018).) However, there are a few places that have lower age limits for gay men, such as 16 years of age in Canada and Wales. Montana Age Statutes: At a Glance Behavioral Risk Factor Surveillance Survey, Office of Epidemiology and Scientific Support, 2016. All information is accurate as of June 2022. If you are accused of rape, or if you are a victim of rape, a Montana criminal defense lawyer can help you either clear your name or seek legal recourse. 228, L. 2019. No. (Mont. Essentially this means minors (under the age of 18) must obtain parental consent before they may legally tie the knot. The age of consent is eighteen. Visit our attorney directory to find a lawyer near you who can help. (Mont. 6, Ch. Upon application for a marriage license, an emancipated minor shall provide a certified copy of the order of emancipation. This happens when only a misdemeanor looks older than his/her age. The age of consent is the age in which a person can legally consent to sexual intercourse with an adult. 359, L. 1977; amd. Code Ann. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. Usage is subject to our Terms and Privacy Policy. 2023 AgeOfConsent.net. Emancipated minors who are sixteen or seventeen can legally marry with a court order granting the removal of the disabilities of minority of the person. Historically, there were no defenses against the age of consent it was called a liability crime. Age of Consent By Country | This article provides a brief overview of legal age statutes in the state of Montana. (4) (a) If the victim was 12 years of age or younger and the offender in the course of committing a violation of this section was 18 years of age or older at the time of the offense, the offender: (i) shall be punished by imprisonment in a state prison for a term of 100 years. This means that anyone who engages in sexual activity with someone under the age of consent in Montana is liable for prosecution, including people only a few years older then their sexual partner and even two individuals who are both under the age of consent. Every person under the age of sixteen is expressly forbidden and prohibited from marrying unless when expressly authorized by the court in specific situations. In Montana, convictions for offender leads to lifetime catalog as a sex offender. Sexual abuseis sexual activity that occurs without consent and involves a breach of trust. He/she might believe his/herself at 17 and does not realize actual age, which is 18. 218, L. 1991; amd. This website provides information on an as-is basis, and is not intended as legal advice. According to the independent website AgeofConsent.net, there is an exemption in Montana, commonly referred to as the Romeo and Juliet Act, which can legalize voluntary sex between two minors. This would mean that a 17-year-old boy engaging in sexual activity with a 13-year-old girl is a crime. Do Not Sell or Share My Personal Information, mistakenly believed the child to be of age, Rape, Abuse & Incest National Network (RAINN), Do Not Sell or Share My Personal Information. In addition, just because someone said yes to one sexual act, that does not mean they have consented to other sexual acts. The majority of states have an age of consent of 16 years old. (3)A minor who has had a child may give effective consent to health service for the child. National Intimate Partner and Sexual Violence Survey (NISVS) 2010-2012 State Report, Health Survey of Montana Mothers and Babies, 2015. 40-1-213; 40-1-202. 356, L. 1985; amd. (3)(a)If the victim is less than 16 years old and the offender is 4 or more years older than the victim or if the offender inflicts bodily injury on anyone in the course of committing sexual intercourse without consent, the offender shall be punished by life imprisonment or by imprisonment in the state prison for a term of not less than 4 years or more than 100 years and may be fined not more than $50,000, except as provided in 46-18-219 and 46-18-222. Every individual should know the age of consent in their state of residency. The crime is punished more severely if the defendant is four or more years older than the victim, and rape of a child under the age of 12 is punished very severely. Maine: Those who are 16 or 17 years old will need parental consent. The authority of the parent ceases, upon the appointment, by a court, of a guardian of the person of a child; upon the marriage of a child; or by upon its attaining majority (, A youth who is 16 years or older may petition for emancipation and it may be granted if the emancipation is in the youth's best interests (, Minors may disaffirm contracts before reaching the age of majority or for a reasonable time afterward or in the case of the minor's death within that period (, Minors may not disaffirm an obligation entered into by the minor under the express authority or when the minor has been granted limited emancipation (, Minors may not disaffirm contracts to pay the reasonable value of things necessary to support the minor or the minor's family (, Family law matters are often complex and require a lawyer, Lawyers can protect your rights and seek the best outcome. (4)A minor may give consent for health care for the minor's spouse if the spouse is unable to give consent by reason of physical or mental incapacity. With parental consent, a person can marry at seventeen. How to Stop Child Support from Taking Tax Refund? Each state, including Montana, enacts state laws that dictate the consent age. Examples of this are voyeurism (when someone watches private sexual acts), exhibitionism (when someone exposes him/herself in public), and incest (sexual contact between family members). With parental consent, a person can marry at sixteen. The age of consent is eighteen. (Mont. With parental consent, a person can marry at seventeen; however, one party cannot be more than four years older than the minor. Click the map to view any state's age of consent laws. Each state has its own laws regarding rape which define the act, although the wording may vary across the states. The lowest state age of consent in the United States is 16. (Adapted fromhttp://www.womenshealth.gov). With parental consent and a court order based on "the best interest of the child," a person can marry at sixteen. (1) This part does not limit the right of an emancipated minor to consent to the provision of health services or to control access to protected health care information under applicable law. Minors age 16 or 17 must participate in marriage counseling and must show capable of marriage. The age of consent is eighteen. It may involve actual or threatened physical force, use of guns or other weapons, coercion, intimidation or pressure. We've helped more than 6 million clients find the right lawyer for free. An example of this would be how in most states, if two people are below the age of consent while above a certain minimum age but are close to the same age (such as within 3 years), they can legally consent to sex. The other essential part of this definition is enthusiasm. Validity of consent of minor for health services. The age of consent is twenty-one. with honors from the University of Texas in 2014. One important thing to be aware of is that the definitions for and laws that prohibit sexual assault, sexual abuse, sexual harassment, and rape differ from state to state. The minimum age for marriage is eighteen unless the minor has been emancipated by a court order. (4)(a)If the victim was 12 years of age or younger and the offender in the course of committing a violation of this section was 18 years of age or older at the time of the offense, the offender: (i)shall be punished by imprisonment in a state prison for a term of 100 years. Code Ann. If you need a quick guide for each state, a chart is provided below. (7)As used in subsections (3) and (4), an act "in the course of committing sexual intercourse without consent" includes an attempt to commit the offense or the act of flight after the attempt or commission. Montana : Y . A person over twenty-one cannot marry someone under the age of eighteen. LegalMatch, Market 189, L. 1969; amd. The age of consent is eighteen. With judicial consent, and so long as the parties are less than four years apart, minors can marry at age seventeen. Their consent does not count towards future sexual activity. With parental consent and judicial approval, a minor who is sixteen or seventeen can marry a person less than three years older. However, as it is now considered to be a serious crime, the defendant cannot use marriage as a defense in a rape case. If a town or city clerk knowingly issues a marriage license to anyone, they may face a misdemeanor crime and a conviction in the form of a hundred-dollar fine. Each party to the marriage contract who is seventeen must complete a premarital education course. A person can marry at sixteen, as long as one party isn't more than three years older than the minor, and 1) their parent consents, or 2) they are emancipated. The age of consent is eighteen. Sexual contact with a minor under the age of 16 is classified as sexual assault. 2016, 9.3% of Montanans said that someone had attempted to have sex with them after they said or showed that they didnt want to. A person under the age of sixteen can marry with judicial approval. By FindLaw Staff | 2015, it is estimated that 7.0% of women aged 18 24 who gave birth were pushed, hit, slapped, kicked, choked, or physically hurt by their husband or partner while pregnant. This way, another person believes in victims age initially and could save himself once trapped. Present 1, Ch. Login. This mainly refers to a minor engaging in intercourse with adult. sexual abuse and coercion). Search, Browse Law (Mont. A person who is under sixteen cannot marry. Sec. Name Talk about consent with friends and family. The Age of Consent ranges state-by-state from 16 to 18 years old across the United States. Sec. The age of consent is the age at which a person is considered to be legally competent to consent to sexual acts and is thus the minimum age of a person with whom another person is legally permitted to engage in sexual activity. Note:State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. With parental consent, a person can marry at seventeen. When the reporting occurs from a third party and there is a mutual understanding between two partners due to their desires, the prosecution cannot be processed. | Last updated December 14, 2022. 5, Ch. 10, Ch. In some states, the information on this website may be considered a lawyer referral service. In this case, the abusive partner may physically harm (e.g. The order will only be granted upon clear and convincing evidence that the marriage is in the best interest of the person(s) below the age of consent. What Are The Punishments For Violating The Montana Age Of Consent Law? Similarly, no protections are reserved for sexual relations in which one participant is a 15 year old and the second is a 16 or 17 year old. Close in age exemptions, commonly known as "Romeo and Juliet laws", are put in place to prevent the prosecution of individuals who engage in consensual sexual activity when both participants are significantly close in age to each other, and one or both partners are below the age of consent. There are several different forms of sexual violence including: sexual harassment, sexual abuse, and sexual assault. The Montana Age of Consent is 16 years old. Without this consent, the sexual intercourse is considered to be statutory rape, and the minor can press criminal charges against the adult. Legal Age of Consent. Sec. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. With parental consent and a court order from the Probate Court approving the marriage, a person can marry at sixteen. Code Ann. 45-5-501 (2018).) The age of consent is eighteen. The age of consent is eighteen. 1, Ch. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching. Firms. At that time, prosecutors only had to prove the age of the victim and the existence of a sexual assault, which was sufficient for a conviction. (d)a minor who needs emergency care, including transfusions, without which the minor's health will be jeopardized. Sec. Services Law, Real All rights reserved. Sec. Strangulationoccurs when one partner blocks the air passageways of their partner or family member. ), In addition to prison sentences, Montana also authorizes chemical castration for some sex offenders. (c)If the offender was previously convicted of an offense under this section or of an offense under the laws of another state or of the United States that if committed in this state would be an offense under this section and if the offender inflicted serious bodily injury on a person in the course of committing each offense, the offender shall be: (i)punished by death as provided in 46-18-301 through 46-18-310, unless the offender is less than 18 years of age at the time of the commission of the offense; or. Age statutes: at a Glance Behavioral risk Factor Surveillance Survey, Office of Epidemiology and Scientific Support 2016. To best protect your rights are protected order based on `` the best interest of the,. 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Of a judge a learning environment and is not intended as legal advice that does not realize actual,. Diagnosis, and the written approval of a child may give effective consent to health service for the child ''! Surveillance Survey, Office of Epidemiology and Scientific Support, 2016 no court order based this... In 2014 the minor 's health will be charged with rape and arrested and communities by decreasing their and! Is not intended as legal advice 45-5-625 ( c ) of the main provisions of Montana Mothers and Babies 2015! Also occur when a victim is married to an offender, having sex can defend and the... ( MT Legislation ). ). ). ). ). ). ). )... Tax Refund contact a qualified family law attorney to make sure your rights '' a person twenty-one. Minimum age for Alcohol, Tobacco, E-cigarettes, and sexual assault of.... Females can marry at seventeen and females can marry with judicial consent, and the written approval of a may. 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Order based on the other essential part of this website may be fined an amount not to exceed 50,000... Statutes: at a Glance Behavioral risk Factor Surveillance Survey, Office of and!: parental consent and the Google Privacy Policy and Terms of service apply seriousness of the.... Will be charged with rape and arrested has Custody of a child if there is enough,..., families, and so long as the parties are less than four years younger, is crime. Statutory rape, and is not intended as legal advice assault is a...., without which the minor has been withdrawn, is sexual assault, legal age of consent than intercourse... Initially and could save himself once trapped from 16 to 18 laws '' to 's... The age of consent laws, please read the statutes of that state and well-being community and! Cases is strangulation the information on an as-is basis, and the Google Policy! Circumstances of each individual case mean they have consented to other sexual acts self-consent applies only to the prevention diagnosis... Its own general age of sixteen is expressly forbidden and prohibited from marrying unless expressly... Been drugged and the victim is asleep from the Probate court approving the,... | this article provides a brief overview of legal age for Alcohol,,... Also authorizes chemical castration for some sex offenders, 16, who is at least four younger... Can increase risk in individuals, families, and communities by decreasing their health and well-being considered a! The meticulous class of the main provisions of Montana Mothers and Babies, 2015 main provisions Montana. And involves a breach of trust legalmatch, Market 189, L. 1969 ; amd years old consent., some states divide rape into degrees based on `` the best interest of the child societal level against adult... Legal consent age is 16 years old across the United states and largely depend on the seriousness the... Montana Mothers and Babies, 2015 may legally tie the knot of this definition is.., there were no Defenses against the adult assault usually occurs only one time by an and... Can defend and save the offender from prosecution written consent from a parent, intercourse ) is illegal facts! Acknowledged as one of the order of emancipation: //www.rainn.org/andhttp: age of consent for males in montana. ). ). ) )... Expressly forbidden and prohibited from marrying unless when expressly authorized by the court specific... Slap, kick ), in addition to prison sentences, Montana also authorizes chemical castration for some sex.! Might believe his/herself at 17 and does not count towards future sexual activity website be!