Bill Summary – FastDemocracy

Unofficial Draft Copy
****                                                 As of: 11/25/2024, 02:55:58
69th Legislature 2025                                  Drafter: Sara Hess, ****                                     LC 0232
                                                     **** BILL NO. ****
                                                  INTRODUCED BY ****
                                 BY REQUEST OF THE DEPARTMENT OF JUSTICE
  4
  A BILL FOR AN ACT ENTITLED: “AN ACT ***; AMENDING SECTIONS 45-5-504, 45-5-601, 45-5-625, 45-5-
  711, 45-8-201, AND 46-23-502, MCA; PROVIDING AN EFFECTIVE DATE.”
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  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
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          NEW SECTION. Section 1.            Grooming of a child for a sexual offense. (1) A person commits the
  offense of grooming of a child for a sexual offense if the person purposely or knowingly engages in a pattern of       Commented [SH1]: I included the full name of the
                                                                                                                              offense for consistency
  behavior by any means of communication, including in person or electronic communication, aimed at a child or
  the child's guardian with the intent to:
          (a)      manipulate the child in to engaging in sexual conduct, actual or simulated;
          (b)      coerce or entice a child under 16 years of age to meet in person to engage in sexual conduct,
  actual or simulated;
          (c)      distribute to a child or facilitate a child's access to sexually explicit material;                   Commented [SH2]: I revised this subsection to clarify
                                                                                                                              the recipient of the material and remove redundant
          (d)      exploit a position of authority to develop an intimate or secretive relationship with a child.        language. Subsection (1) already clarifies that the
                                                                                                                              crime applies to any means of communication.
          (2)      Except as provided in subsection (2)(b) or subsection (3), a person convicted of the offense of
  grooming of a child for a sexual offense shall be imprisoned in the state prison for a term not to exceed 10           Commented [SH3]: I changed “minor” to “child” for
                                                                                                                              consistency
  years and may be fined not more than $10,000.
          (b)      If the victim is under 16 years of age, a person convicted of the offense of grooming of a child
  for a sexual offense shall be punished by life imprisonment or by imprisonment in the state prison for a term of
  not less than 4 years or more than 100 years and may be fined not more than $10,000.
          (3)      (a) If the victim was 12 years of age or younger and the offender was 18 years of age or older
  at the time of the offense, the offender:
          (i)      shall be punished by imprisonment in a state prison for a term of 100 years. The court may not
  suspend execution or defer imposition of the first 25 years of a sentence of imprisonment imposed under this
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                                                       Unofficial Draft Copy
****                                                   As of: 11/25/2024, 02:55:58
69th Legislature 2025                                    Drafter: Sara Hess, ****                                   LC 0232
  subsection (4)(a)(i) except as provided in 46-18-222(1) through (5), and during the first 25 years of
  imprisonment, the offender is not eligible for parole. The exception provided in 46-18-222(6) does not apply.
          (ii)     may be fined an amount not to exceed $50,000; and
          (iii)    shall be ordered to enroll in and successfully complete the educational phase and the cognitive
  and behavioral phase of a sexual offender treatment program provided or approved by the department of
  corrections.
          (b)      If the offender is released after the mandatory minimum period of imprisonment, the offender is
  subject to supervision by the department of corrections for the remainder of the offender's life and shall
  participate in the program for continuous, satellite-based monitoring provided for in 46-23-1010.
          (4)      As used in this section, the following definitions apply:                                             Commented [SH4]: Check whether it’s appropriate to
                                                                                                                              repeat definitions
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          Section 2. Section 45-5-504, MCA, is amended to read:
          "45-5-504.    Indecent exposure. (1) A person commits the offense of indecent exposure if the person
  knowingly or purposely exposes the person's genitals or intimate parts by any means, including electronic
  communication as defined in 45-5-625(5)(a), under circumstances in which the person knows the conduct is
  likely to cause affront or alarm in order to:
          (a)      abuse, humiliate, harass, or degrade another; or
          (b)      arouse or gratify the person's own sexual response or desire or the sexual response or desire
  of any person.
          (2)      (a) A person convicted of the offense of indecent exposure shall be fined an amount not to
  exceed $500 or be imprisoned in the county jail for a term of not more than 6 months, or both.
          (b)      On a second conviction, the person shall be fined an amount not to exceed $1,000 or be
  imprisoned in the county jail for a term of not more than 1 year, or both.
          (c)      On a third or subsequent conviction, the person shall be fined an amount not to exceed
  $10,000 or be imprisoned in a state prison for a term of not more than 10 years, or both.
          (3)      (a) A person commits the offense of indecent exposure to a minor if the person commits an
  offense under subsection (1) and the person knows the conduct will be observed by a person who is under 16
  years of age or an undercover law enforcement officer who the offender believes to be a child under the age of
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                                                   Unofficial Draft Copy
****                                               As of: 11/25/2024, 02:55:58
69th Legislature 2025                                Drafter: Sara Hess, ****                                      LC 0232
  16 years of age, and the offender is more than 4 years older than the victim or purported victim.
          (b)      A person convicted of the offense of indecent exposure to a minor shall be fined an amount not
  to exceed $50,000 or be imprisoned in the state prison for a term of not less than 4 years, unless the judge
  makes a written finding that there is good cause to impose a term of less than 4 years and imposes a term of
  less than 4 years, or more than 100 years, or both."
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          Section 3. Section 45-5-601, MCA, is amended to read:
          "45-5-601.   Prostitution -- patronizing prostitute -- exception. (1) Except as provided in subsection
  (2)(a), the offense of prostitution is committed if a person engages in or agrees or offers to engage in sexual
  intercourse or sexual contact that is direct and not through clothing with another person for compensation,
  whether the compensation is received or to be received or paid or to be paid.
          (2)      (a) A prostitute may be convicted of prostitution only if the prostitute engages in or agrees or
  offers to engage in sexual intercourse with another person for compensation, whether the compensation is
  received or to be received or paid or to be paid. A prostitute who is convicted of prostitution may be fined an
  amount not to exceed $500 or be imprisoned in the county jail for a term not to exceed 6 months, or both.
          (b)      A patron may be convicted of patronizing a prostitute if the patron engages in or agrees or
  offers to engage in sexual intercourse or sexual contact that is direct and not through clothing with another
  person for compensation, whether the compensation is received or to be received or paid or to be paid. Except
  as provided in subsection (3), a patron who is convicted of prostitution shall for the first offense be fined an
  amount not to exceed $5,000 or be imprisoned for a term not to exceed 5 years, or both, and for a second or
  subsequent offense shall be fined an amount not to exceed $10,000 or be imprisoned for a term not to exceed
  10 years, or both.
          (3)      (a) If the person patronized was a child or an undercover law enforcement officer who the
  patron believed was a child and the patron was 18 years of age or older at the time of the offense, whether or
  not the patron was aware of the child's age, the patron offender:
          (i)      shall be punished by imprisonment in a state prison for a term of 100 years. The court may not
  suspend execution or defer imposition of the first 25 years of a sentence of imprisonment imposed under this
  subsection (3)(a)(i) except as provided in 46-18-222, and during the first 25 years of imprisonment, the offender
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                                                      Unofficial Draft Copy
****                                                 As of: 11/25/2024, 02:55:58
69th Legislature 2025                                  Drafter: Sara Hess, ****                                        LC 0232
  is not eligible for parole.
           (ii)      may be fined an amount not to exceed $50,000; and
           (iii)     shall be ordered to enroll in and successfully complete the educational phase and the cognitive
  and behavioral phase of a sexual offender treatment program provided or approved by the department of
  corrections.
           (b)       If the offender is released after the mandatory minimum period of imprisonment, the offender is
  subject to supervision by the department of corrections for the remainder of the offender's life and shall
  participate in the program for continuous, satellite-based monitoring provided for in 46-23-1010.
           (4)       It is not a violation of this section for a person with an impaired physical ability, physical
  dysfunction, recent injury, or other disability to engage in sex therapy with a partner surrogate who is working
  under the supervision of a clinical social worker, marriage and family therapist, or clinical professional counselor
  licensed under Title 37, chapter 39.
           (5)       It is not a defense in a prosecution under this section that a child consented to engage in
  sexual activity.
           (6)       It is not a defense in a prosecution under this section that a defendant believed the child was
  an adult. Absolute liability, as provided in 45-2-104, is imposed."
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           Section 4. Section 45-5-625, MCA, is amended to read:
           "45-5-625.    Sexual abuse of children. (1) A person commits the offense of sexual abuse of children if
  the person:
           (a)       knowingly employs, uses, or permits the employment or use of a child in an exhibition of sexual
  conduct, actual or simulated;
           (b)       knowingly photographs, films, videotapes, develops or duplicates the photographs, films, or
  videotapes, or records a child engaging in sexual conduct, actual or simulated;
           (c)       knowingly, by any means of communication, including electronic communication or in person,
  persuades, entices, counsels, coerces, encourages, directs, or procures a child under 16 years of age or a
  person an undercover law enforcement officer who the offender believes to be a child under 16 years of age to
  engage in sexual conduct, actual or simulated, or to view sexually explicit material or acts for the purpose of
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                                                    Unofficial Draft Copy
****                                                As of: 11/25/2024, 02:55:58
69th Legislature 2025                                 Drafter: Sara Hess, ****                                      LC 0232
  inducing or persuading a child to participate in any sexual activity that is illegal;
          (d)      knowingly processes, develops, prints, publishes, transports, distributes, sells, exhibits, or
  advertises any visual or print medium, including a medium by use of electronic communication in which a child
  is engaged in sexual conduct, actual or simulated;
          (e)      knowingly possesses any visual or print medium, including a medium by use of electronic
  communication or any computer-generated child pornography in which a child is engaged in sexual conduct,
  actual or simulated;
          (f)      finances any of the activities described in subsections (1)(a) through (1)(d) and (1)(g), knowing
  that the activity is of the nature described in those subsections;
          (g)      possesses with intent to sell any visual or print medium, including a medium by use of
  electronic communication in which a child is engaged in sexual conduct, actual or simulated;
          (h)      knowingly travels within, from, or to this state with the intention of meeting a child under 16
  years of age or a personan undercover law enforcement officer who the offender believes to be a child under
  16 years of age in order to engage in sexual conduct, actual or simulated; or
          (i)      knowingly coerces, entices, persuades, arranges for, or facilitates a child under 16 years of age
  or a person undercover law enforcement officer who the offender believes to be a child under 16 years of age
  to travel within, from, or to this state with the intention of engaging in sexual conduct, actual or simulated; or
          (j)      knowingly threatens to release, exhibit, or distribute any image or video of a child engaging in
  sexual conduct, actual or simulated, in order to compel the child to provide additional images or videos of a
  child engaging in sexual conduct, obtain any item of value, or coerce a child to commit or facilitate any crime.       Commented [SH5]: The draft I was given said “facility,”
                                                                                                                              which may have been an error
          (2)      (a) Except as provided in subsection (2)(b), (2)(c), or (4), a person convicted of the offense of
  sexual abuse of children shall be punished by life imprisonment or by imprisonment in the state prison for a
  term not to exceed 100 years and may be fined not more than $10,000.
          (b)      Except as provided in 46-18-219, if the victim is under 16 years of age or is an undercover law
  enforcement officer who the offender believes to be a child under 16 years of age, a person convicted of the
  offense of sexual abuse of children shall be punished by life imprisonment or by imprisonment in the state
  prison for a term of not less than 4 years or more than 100 years and may be fined not more than $10,000.
          (c)      Except as provided in 46-18-219, a person convicted of the offense of sexual abuse of children
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                                                    Unofficial Draft Copy
****                                                As of: 11/25/2024, 02:55:58
69th Legislature 2025                                 Drafter: Sara Hess, ****                                       LC 0232
  for the possession of material, as provided in subsection (1)(e), shall be fined not to exceed $10,000 or be
  imprisoned in the state prison for a term not to exceed 10 years, or both.
          (3)      An offense is not committed under subsections (1)(d) through (1)(g) if the visual or print
  medium is processed, developed, printed, published, transported, distributed, sold, possessed, or possessed
  with intent to sell, or if the activity is financed, as part of a sexual offender information or treatment course or
  program conducted or approved by the department of corrections.
          (4)      (a) If the victim was 12 years of age or younger, or is an undercover law enforcement officer
  who the offender believed to be 12 years of age or younger, and the offender was 18 years of age or older at
  the time of the offense, the offender:
          (i)      shall be punished by imprisonment in a state prison for a term of 100 years. The court may not
  suspend execution or defer imposition of the first 25 years of a sentence of imprisonment imposed under this
  subsection (4)(a)(i) except as provided in 46-18-222(1) through (5), and during the first 25 years of
  imprisonment, the offender is not eligible for parole. The exception provided in 46-18-222(6) does not apply.
          (ii)     may be fined an amount not to exceed $50,000; and
          (iii)    shall be ordered to enroll in and successfully complete the educational phase and the cognitive
  and behavioral phase of a sexual offender treatment program provided or approved by the department of
  corrections.
          (b)      If the offender is released after the mandatory minimum period of imprisonment, the offender is
  subject to supervision by the department of corrections for the remai