MT · jury_instructions
Mont. Crim. Jury Instr. 5-124 (2022)
Definition of "Consent"-Certain Sexual Crimes
The term "consent" means words or overt actions indicating a freely given agreement to have sexual intercourse or sexual contact.
An expression of lack of consent through words or conduct means there is no consent or that consent has been withdrawn.
A current or previous dating or social or sexual relationship by itself, or the manner of the dress of the person involved with the Defendant in the conduct at issue does not constitute consent.
Lack of consent may be inferred based on all of the surrounding circumstances and must be considered in determining whether a person gave consent.
Provenance
- Source
- courts.mt.gov
- Retrieved
- 2026-08-20
- Edition
- 2022
- Content hash
37d49e3b6069eb76fe62586ce0ffc04fb23c19c9375ca96106b35d2e318283b5
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