Bill Summary – FastDemocracy

****
68th Legislature 2023                                                                                                 SB 265.1
                                                  SENATE BILL NO. 265
   INTRODUCED BY M. NOLAND, J. SMALL, S. HINEBAUCH, T. MCGILLVRAY, S. FITZPATRICK, B. USHER,
       W. MCKAMEY, D. BARTEL, J. ELLSWORTH, K. BOGNER, D. EMRICH, S. SALES, F. MANDEVILLE
  4
  A BILL FOR AN ACT ENTITLED: “AN ACT REVISING LAWS RELATED TO HUMAN TRAFFICKING;
  INCREASING FINES AND MAKING FINES MANDATORY; AMENDING SECTIONS 45-5-702, 45-5-703, 45-5-
  704, AND 45-5-705, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.”
  8
  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
 10
          Section 1. Section 45-5-702, MCA, is amended to read:
          "45-5-702.    Trafficking of persons. (1) A person commits the of f ense of traf ficking of persons if the
  person purposely or knowingly:
          (a)      recruits, transports, transf ers, harbors, receives, provides, obtains, isolates, maintains, or
  entices another person intending or knowing that the person will be subjected to involuntary servitude or sexual
  servitude; or
          (b)      benef its, f inancially or by receiving anything of value, f rom f acilitating any conduct described in
  subsection (1)(a) or f rom participation in a venture that has subjected another person to involuntary servitude or
  sexual servitude.
          (2)      (a) Except as provided in subsections (2)(b) and (2)(c), a person convicted of the of fense of
  traf f icking of persons shall be imprisoned in the state prison f or a t erm of not more than 15 years, f ined an
  amount not to exceed $50,000 in the amount of $400,000, or both.
          (b)      A person convicted of the of fense of traf ficking of persons shall be imprisoned in the state
  prison f or a term of not more than 50 years, f ined an amount not to exceed in the amount of $100,000
  $400,000, or both, if the victim was a child.
          (c)      A person convicted of the of fense of traf ficking of persons shall be imprisoned in the state
  prison f or a term of not more than 25 years, f ined an amount not to exceed $75,000 in the amount of $400,000,
  or both, if the violation involves aggravated kidnapping, aggravated sexual intercourse without consent, or
                                                                 -1-                       Authorized Print Version – SB 265
****
68th Legislature 2023                                                                                             SB 265.1
  deliberate homicide."
  2
          Section 2. Section 45-5-703, MCA, is amended to read:
          "45-5-703.   Involuntary servitude. (1) A person commits the of f ense of involuntary servitude if the
  person purposely or knowingly uses coercion to compel another person to provide labor or services, unless the
  conduct is otherwise permissible under f ederal or state law.
          (2)      (a) Except as provided in subsection (2)(b), a person convicted of the of fense of involuntary
  servitude shall be imprisoned in the state prison f or a term of not more than 15 years, f ined an amount not to
  exceed $50,000 in the amount of $400,000, or both.
          (b)      A person convicted of the of fense of involuntary servitude shall be imprisoned in the state
  prison f or a term of not more than 50 years and may be f ined not more than $100,000 in the amount of
  $400,000 if :
          (i)      the violation involves aggravated kidnapping, sexual intercourse without consent, or deliberate
  homicide; or
          (ii)     the victim was a child."
 16
          Section 3. Section 45-5-704, MCA, is amended to read:
          "45-5-704.   Sexual servitude. (1) A person commits the of f ense of sexual servitude if the person
  purposely or knowingly:
          (a)      uses f raud, coercion, or deception to compel an adult to engage in commercial sexual activity;
  or
          (b)      recruits, transports, transf ers, harbors, receives, provides, obtains by any means, isolates,
  entices, maintains, or makes available a child f or the purpose of commercial sexual activity.
          (2)      It is not a def ense in a prosecution under subsection (1)(b) that the child consented to engage
  in commercial sexual activity or that the def endant believed the child was an adult.
          (3)      (a) A person convicted of the of fense of sexual servitude under subsection (1)(a) shall be
  imprisoned in the state prison f or a term of not more than 15 years, f ined an amount not to exceed $50,000 in
  the amount of $400,000, or both.
                                                               -2-                      Authorized Print Version – SB 265
****
68th Legislature 2023                                                                                              SB 265.1
          (b)      A person convicted of the of fense of sexual servitude under subsection (1)(b) shall be
  imprisoned in the state prison f or a term of not more than 25 years and f ined an amount not to exceed $75,000
  in the amount of $400,000."
  4
          Section 4. Section 45-5-705, MCA, is amended to read:
          "45-5-705.   Patronizing victim of sexual servitude. (1) A person commits the of f ense of patronizing
  a victim of sexual servitude if the person purposely or knowingly gives, agrees to give, or of f ers to give anything
  of value so that a person may engage in commercial sexual activity:
          (a)      that involves sexual contact that is direct and not through clothing with another person who the
  person knows or reasonably should have known is a victim of sex ual servitude; or
          (b)      with a child.
          (2)      (a) Except as provided in subsection (2)(b), a person convicted of the of fense of patronizing a
  victim of sexual servitude shall be imprisoned in the state prison f or a term of not more than 15 years, f ined an
  amount not to exceed $50,000 in the amount of $400,000, or both.
          (b)      If the individual patronized was a child, a person convicted of the of fense of patronizing a victim
  of sexual servitude, whether or not the person believed the child was an adult, shall be imprisoned in the state
  prison f or a term of not more than 25 years and f ined an amount not to exceed $75,000 in the amount of
  $400,000."
 19
          Section 5. Section 45-5-705, MCA, is amended to read:
          "45-5-705.   Patronizing victim of sexual servitude. (1) A person commits the of f ense of patronizing
  a victim of sexual servitude if the person purposely or knowingly gives, agrees to give, or of f ers to give anything
  of value so that a person may engage in commercial sexual activity:
          (a)      that involves sexual contact that is direct and not through clothing with another person who the
  person knows or reasonably should have known is a victim of sexual servitude; or
          (b)      with a child.
          (2)      (a) Except as provided in subsection (2)(b), a person convicted of the of fense of patronizing a
  victim of sexual servitude shall be imprisoned in the state prison f or a term of not more than 15 years, f ined an
                                                               -3-                      Authorized Print Version – SB 265
****
68th Legislature 2023                                                                                               SB 265.1
  amount not to exceed $50,000 in the amount of $400,000, or both.
          (b)      If the individual patronized was a child, a person c onvicted of the of fense of patronizing a victim
  of sexual servitude, whether or not the person believed the child was an adult, shall be imprisoned in the state
  prison f or a term of not more than 25 years and f ined an amount not to exceed $75,000 in the amount of
  $400,000."
  6
          NEW SECTION. Section 6.         Effective date. [This act] is ef f ective on passage and approval.
                                                        - END -
                                                               -4-                       Authorized Print Version – SB 265
Statutes affected: 
SB0265_1.pdf: 45-5-702, 45-5-703, 45-5-704, 45-5-705
SB0265_2.pdf: 45-5-702, 45-5-703, 45-5-704, 45-5-705
SB0265_3.pdf: 45-5-702, 45-5-703, 45-5-704, 45-5-705
SB0265_X.pdf: 45-5-702, 45-5-703, 45-5-704, 45-5-705
Amended: 45-5-702, 45-5-703, 45-5-704, 45-5-705
Introduced: 45-5-702, 45-5-703, 45-5-704, 45-5-705