Is prostitution legal in Montana?
Prostitution is not legal in Montana. Montana prostitution laws prohibit engaging in, agreeing to engage in, or offering to engage in the act of sexual intercourse in exchange for anything of value. Both buying and selling sexual acts are illegal.
State Guide: U.S. prostitution laws for all 50 states
Prostitution Laws of Montana
- 45-5-601: Prostitution
- 45-5-602: Promoting prostitution
- 45-5-603: Aggravated promotion of prostitution
- 45-5-604: Evidence in cases of promotion
(1) A person commits the offense of prostitution if the person engages in or agrees or offers to engage in sexual intercourse with another person for compensation, whether such compensation is received or to be received or paid or to be paid.
(2) (a) A prostitute convicted of prostitution shall 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 prostitute's client who is convicted of prostitution shall for the first offense be fined an amount not to exceed $1,000 or be imprisoned for a term not to exceed 1 year, 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 5 years, or both.
45-5-602: Promoting prostitution
(1) A person commits the offense of promoting prostitution if the person purposely or knowingly commits any of the following acts:
(a) owns, controls, manages, supervises, resides in, or otherwise keeps, alone or in association with others, a house of prostitution or a prostitution business;
(b) procures an individual for a house of prostitution or a place in a house of prostitution for an individual;
(c) encourages, induces, or otherwise purposely causes another to become or remain a prostitute;
(d) solicits clients for another person who is a prostitute;
(e) procures a prostitute for a patron;
(f) transports an individual into or within this state with the purpose to promote that individual's engaging in prostitution or procures or pays for transportation with that purpose;
(g) leases or otherwise permits a place controlled by the offender, alone or in association with others, to be regularly used for prostitution or for the procurement of prostitution or fails to make reasonable effort to abate that use by ejecting the tenant, notifying law enforcement authorities, or using other legally available means; or
(h) lives in whole or in part upon the earnings of an individual engaging in prostitution, unless the person is the prostitute's minor child or other legal dependent incapable of self-support.
(2) A person convicted of promoting prostitution shall be fined an amount not to exceed $50,000 or be imprisoned in a state prison for a term not to exceed 10 years, or both.
45-5-603: Aggravated promotion of prostitution
(1) A person commits the offense of aggravated promotion of prostitution if the person purposely or knowingly commits any of the following acts:
(a) compels another to engage in or promote prostitution;
(b) promotes prostitution of a child under the age of 18 years, whether or not the person is aware of the child's age;
(c) promotes the prostitution of one's spouse, child, ward, or any person for whose care, protection, or support the person is responsible.
(2) (a) Except as provided in subsection
(2)(b), a person convicted of aggravated promotion of prostitution shall be punished by: (i) life imprisonment; or
(ii) imprisonment in a state prison for a term not to exceed 20 years or a fine in an amount not to exceed $50,000, or both.
(b) Except as provided in 46-18-219 and 46-18-222, a person convicted of aggravated promotion of prostitution of a child, who at the time of the offense is under 18 years of age, shall be punished by:
(i) life imprisonment; or
(ii) imprisonment in a state prison for a term of not less than 4 years or more than 100 years or a fine in an amount not to exceed $100,000, or both.
45-5-604: Evidence in cases of promotion
(1) On the issue whether a place is a house of prostitution, the following, in addition to all other admissible evidence, shall be admissible:
(a) its general repute;
(b) the repute of the persons who reside in or frequent the place; or
(c) the frequency, timing, and duration of visits by nonresidents.
(2) Testimony of a person against his spouse shall be admissible under 45-5-602, 45-5-603, and this section.