45-5-116 Harm to fetus of another -- exceptions

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MT Code › Title 45 › Chapter 5 › Part 1 › Section 45-5-116

This text was captured on Aug 14, 2026. It is a snapshot, not a live feed, so check the official code before relying on it.

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45-5-116 . Harm to fetus of another -- exceptions. (1) A prosecution for a violation of 45-5-102 or 45-5-103 with regard to the death of a fetus of another may not be brought against:

(a) a person for conduct relating to an abortion for which the consent of the pregnant woman or a person authorized by law to act on her behalf has been obtained or for which the consent is implied by law;

(b) a person for any medical treatment of the pregnant woman or her fetus; or

(c) a woman with respect to her fetus.

(2) A prosecution for or conviction of an offense under 45-5-102 or 45-5-103 is not a bar to conviction of or punishment for any other crime committed by the defendant as part of the same conduct.

(3) As used in 45-5-102 , 45-5-103 , and this section, "fetus" means an organism of the species Homo sapiens from 8 weeks of development until complete expulsion or extraction from a woman's body.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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45-5-116 Harm to fetus of another -- exceptions · Mont. Code Ann. § 45-5-116 | Frix