MT · jury_instructions
Mont. Crim. Jury Instr. 5-124(b) (2022)
When Consent is "Ineffective"-Sexual Assault
Consent is ineffective if the person attempting to give consent to sexual contact is:
[(incarcerated in an adult or juvenile correctional, detention, or treatment facility) (is on probation or parole) and the Defendant is (an employee) (a contractor) (a volunteer) of the supervising authority, and the Defendant has supervisory or disciplinary authority over the person attempting to give consent, unless the act is part of a lawful search.)
OR
[less than 14 years old and the Defendant is 3 or more years older than the person attempting to give consent.]
OR
[receiving services from a youth care facility, and the Defendant is (an employee) (a contractor) (a volunteer) of the youth care facility who (has supervisory or disciplinary authority over) (is providing treatment to) the person attempting to give consent.]
OR
[(admitted to a mental health facility) (admitted to a community-based facility) (admitted to a residential facility) (receiving community-based services), and the Defendant is (an employee) (a contractor) (a volunteer) of the (facility) (community-based service) who (has supervisory or disciplinary authority over) (is providing treatment to) the person attempting to give consent.]
OR
[(a program participant) in a private alternative adolescent residential or outdoor program) and the Defendant is (a person associated with the program).]
OR
[a client receiving psychotherapy services and the Defendant is (an employee) (a contractor) (a volunteer) of the facility that provides or purports to provide psychotherapy services to the person and who (has supervisory or disciplinary authority over the person) (is providing or purporting to provide psychotherapy services to the person).]
OR
[a student of an elementary, middle, junior high, or high school, whether public or nonpublic, and the Defendant is not a student of an elementary, middle, junior high, or high school and is (an employee) (a contractor) (a volunteer) of any school who has ever had (instructional) (supervisory) (disciplinary) (other) authority over the student in a school setting.]
Provenance
- Source
- courts.mt.gov
- Retrieved
- 2026-08-20
- Edition
- 2022
- Content hash
0ef9836c6fe76dc7042ccb577995f8aad89dd4a1e3720c3e9c2d12aee7d153c5
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