The Age of Consent
MCA 45-5-501 — sixteen, and a mandatory four year minimum when the older person is 4 or more years older
A person less than 16 years old is incapable of consent, and sexual intercourse with someone incapable of consent is sexual intercourse without consent. No one may be convicted under that section based on the age of their own spouse.
Who handles this in Montana: State Bar of Montana, Licensed Lawyer Montana; and legal aid programs and the state offices, listed in the Montana directory.
| Situation | Penalty |
|---|---|
| SituationThe younger person is under 16 and the offender is 4 or more years older | PenaltyLife, or 4 to 100 years, and a fine of up to $50,000 |
| SituationThe younger person is at least 14, the offender is 18 or younger, and the court finds it consensual | PenaltyMay be up to 5 years and a fine of up to $10,000, with conditions |
Younger children carry far heavier sentences, and registration is covered elsewhere. A charge, or the worry of one, is a question for a licensed Montana attorney.
Sources for this section (2)
- MCA 45-5-501 — Definitions
- MCA 45-5-503 — Sexual intercourse without consent
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Montana attorney.