MT · jury_instructions
Mont. Crim. Jury Instr. 2-112 (2022)
Consent as a Defense
The consent of (victim's name) is a defense to the offense
of (name of offense) .
Such consent will not be a defense if:
1. (victim's name) by reason of [youth] [mental disease or defect] [intoxication] was, at the time of the alleged offense, unable to make a reasonable judgment as to the nature or harmfulness of the conduct which is charged to constitute the offense; or
2. (victim's name) was induced to give consent by [force] [duress] [deception].
Provenance
- Source
- courts.mt.gov
- Retrieved
- 2026-08-20
- Edition
- 2009
- Content hash
198995d54d16553b6a0bb49394268d475b50726317ff4f41037b7f93c58d7c16
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