Montana

 
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The Laws That Should Protect Our Children

Current Civil SOL in a nutshell

SOL vs. perp: +3 years from discovery SOL vs. employer: +3 years from discovery

Majority Tolling: √ Age 18 Discovery Tolling: √ Liberal (+3 years)

SOL: + 3 from liberal discovery (can be retroactive to revive claims filed after 1989, regardless of when cause of action arose).

  1. Mont. Code Ann. 27-2-216(1)(a)-(b)

a. “27-2-216 Tort actions — childhood sexual abuse. (1) An action based on intentional conduct brought by a person for recovery of damages for injury suffered as a result of childhood sexual abuse must be commenced not later than: (a) 3 years after the act of childhood sexual abuse that is alleged to have caused the injury; or (b) 3 years after the plaintiff discovers or reasonably should have discovered that the injury was caused by the act of childhood sexual abuse.

b. Werre v. David, 275 Mont. 376, 913 P.2d 625, 1996 Mont. LEXIS 38, 53 Mont. St. Rep. 187 (Mont. 1996) (Tolling provisions of Mont. Code Ann. § 27-2-216 included negligence claims based on intentional sexual abuse because the words based upon in § 27-2-216 were broad enough to include negligence claims. )

c. “Applies to all claims filed after 1989, regardless of when cause of action arose” Retroactive application of the statute of limitations for torts based on sexual abuse, Mont. Code Ann. § 27-2-216, was not unconstitutional on due process grounds under Mont. Const. Art. II, § 17, because it was rationally related to the legitimate purpose of the state. See, Cosgriffe v. Cosgriffe, 262 Mont. 175, 864 P.2d 776, 1993 Mont. LEXIS 359, 50 Mont. St. Rep. 1501 (Mont. 1993)

TOLLING:

  1. Discovery, yes, liberal

a. 27-2-216 (1)(b) “after the plaintiff discovers or reasonably should have discovered that the injury was caused by the act of childhood sexual abuse.”

b. Cosgriffe v. Cosgriffe, 262 Mont. 175, 864 P.2d 776, 1993 Mont. LEXIS 359, 50 Mont. St. Rep. 1501 (Mont. 1993).

  1. Majority, yes 18.

a. Mont. Code Ann. 27-2-401(1) “If a person entitled to bring an action mentioned in part 2, except 27-2-211(3), is, at the time the cause of action accrues, either a minor or has been committed pursuant to 53-21-127, the time of the disability is not a part of the time limit for commencing the action. However, the time limit cannot be extended more than 5 years by the disability of commitment.”

i. Smith v. Sturm, Ruger & Co., 198 Mont. 47, 643 P.2d 576, 1982 Mont. LEXIS 774, CCH Prod. Liab. Rep. P9285 (Mont. 1982) (noting majority at age 18)

Current Criminal SOL in a nutshell

Age 28 for sexual assault, sexual intercourse without consent, and incest where victim is under 16 (and the offender is 3 or more years older) or where bodily injury occurs.

Age 23 years for indecent exposure, other forms of incest, sexual abuse of children and ritual abuse of a minor.

1 year from conclusive DNA identification, at any time, regardless of SOL. Mont. Code Ann. 45-1-205(9). Otherwise, +10 years from victim’s 18th birthday for Sexual assault, Sexual intercourse without consent, and Incest where victim is under 16 (and offender is +3 years older) or where bodily injury occurs. +5 years from victim’s 18th birthday for Indecent exposure, other forms of incest, Sexual abuse of children and ritual abuse of a minor. Mont. Code Ann. 45-1-205(1)(c).

Mont. Code Ann. 45-1-205(1)(b) (“Except as provided in subsection (9), a prosecution for a felony offense under 45-5-502, 45-5-503, or 45-5-507(4) or (5) may be commenced within 10 years after it is committed, except that it may be commenced within 10 years after the victim reaches 18 years of age if the victim was less than 18 years of age at the time that the offense occurred. A prosecution for a misdemeanor offense under those provisions may be commenced within 1 year after the offense is committed, except that it may be commenced within 5 years after the victim reaches 18 years of age if the victim was less than 18 years of age at the time that the offense occurred. “)

45-5-502 Sexual assault; 45-5-503 Sexual intercourse without consent; 45-5-507(4)(5) Incest

45-5-507(4), MCA (“If the victim is under 16 years of age and the offender is 3 or more years older than the victim or if the offender inflicts bodily injury upon anyone in the course of committing incest….”)

45-5-507(5)(a) , MCA 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:

Mont. Code Ann. 45-1-205(1)(c) (“Except as provided in subsection (9), a prosecution under 45-5-504, 45-5-507(1), (2), (3), or (6), 45-5-625, or 45-5-627 may be commenced within 5 years after the victim reaches 18 years of age if the victim was less than 18 years of age at the time that the offense occurred.”)

45-5-504 Indecent exposure; 45-5-507(1)(2)(3)(6) Incest; 45-5-625 Sexual abuse of children; 45-5-627 Ritual abuse of minor

Mont. Code Ann. 45-1-205(9) (“If a suspect is conclusively identified by DNA testing after a time period prescribed in subsection (1)(b) or (1)(c) has expired, a prosecution may be commenced within 1 year after the suspect is conclusively identified by DNA testing.”)

Age of Majority: 18. See, Mont. Const. art. II § 14.
Age of Consent: 16. See, Mont. Code Ann. § 45-5-501.

Age of Marriage with Parental Consent: 16 with judicial consent.
Age of Marriage without Parental Consent: 18.
See, Mont. Code. Ann. §§ 40-1-202, 40-1-213.


Medical Neglect Statute

CIVIL MEDICAL NEGLECT STATUTE

Nothing in this chapter may be construed to require or justify a finding of child abuse or neglect for the sole reason that a parent, due to religious beliefs, does not provide adequate health care for a child. However, nothing in this chapter may be construed to limit the adminis­tra­tive or judicial authority of the state to ensure that medical care is provided to the child when there is imminent substantial risk of serious harm to the child.

Montana Code §41-3-102(4)(b

CRIMINAL MEDICAL NEGLECT STATUTE

N/A


Religous Liberty Statute

Religious liberty statute that could put children at risk

No law as of January 2017