2005 Montana Code Annotated - 45-2-211 — Consent as a defense.

     45-2-211. Consent as a 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 defect, 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; or
     (d) it is against public policy to permit the conduct or the resulting harm, even though consented to.

     History: En. by Sec. 1, Ch. 513, L. 1973; amd. Sec. 13, Ch. 359, L. 1977; R.C.M. 1947, .