Montana Code Annotated 2017



Part 1. Homicide

Harm To Fetus Of Another -- Exceptions

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.

History: En. Secs. 3 thru 5, Ch. 271, L. 2013.