45-5-505. Deviate sexual conduct
(1) A person who knowingly engages in deviate sexual relations or who causes another to
engage in deviate sexual relations commits the offense of deviate sexual conduct.
(2) A person convicted of the offense of deviate sexual conduct shall be imprisoned in
the state prison for any term not to exceed 10 years or be fined an amount not to exceed
$50,000, or both.
(3) The fact that a person seeks testing or receives treatment for the HIV-related
virus or another sexually transmitted disease may not be used as a basis for a prosecution
under this section and is not admissible in evidence in a prosecution under this section.
History: En. 94-5-505 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-5-505; amd. Sec. 7,
Ch.198, L. 1981; amd. Sec. 2, Ch. 175, L. 1991; amd. Sec. 7, Ch. 687, L. 1991.
Montana Supreme Court reverses a sodomy conviction that was based apparently
only on the close friendship of the two defendants.
Montana Supreme Court reverses a sodomy conviction that seemed to be based on
a spanking given by one partner to the other, something not contemplated by
the state’s sodomy law.
Montana Supreme Court reaffirms an earlier decision that fellatio is outlawed
by the state’s sodomy law, but the dissent written by Justice W. Hugh Adair
is the longest recorded in a sodomy case, some 12,000 words (the length of a
good-sized short story).
Montana Constitutional Convention defeats the nation’s first explicit
attempt to create a sexual privacy amendment in the new constitution, but
includes a general privacy provision. Later, the Montana Supreme Court uses
the general amendment to strike down the state’s sodomy law.
amends its sodomy law to include the possibility of a $50,000 fine (as well as
prison time), the largest fine ever in U.S. history for sodomy.
amends its sodomy law to include the nation’s first explicit protection from
disclosure of treatment for a sexual transmitted disease to prosecutors.
Gryczan v State 07/02/97 repealed Montana's same-sex
only law banning "Deviate Sexual Conduct" with threats of 10 years in jail and a
Filed briefs are online at: http://www.lawlibrary.state.mt.us/dscgi/ds.py/View/Collection-720
- Montana Supreme Court Says Gay Couples Due
Benefits - Advocate,
December 31, 2004
- Advocates: Gay Rights Gain Ground - February
- Montana Lawmaker Lobbies to Remove Sodomy Law
- January 31, 2003
- No Sodomy Prosecutions in Montana, But Law
Persists - January 31, 2003
- Montana's Inactive Sodomy Law Remains -
January 30, 2003
- Move To Repeal Montana Sodomy Law - January
- Lawmaker Wants Removal of Gay Sex Law -
January 29, 2003
Martz to Gays: No Special Support - April 19, 2002
- Queer and Present Danger: Outing Montana’s
Ambient Homophobia - March 21, 2002
- Martz Tells Lesbians, Gays She Wont Fight
Their Fight - June 16, 2001
- Out in Montana - May 31, 2001
- Panel Refuses to Erase Unconstitutional Law -
February 16, 2001
- Montana Sodomy Reform Hearing - January 30,
- House Defeats Gay Sex Bill, Again - February 20, 1999
- House to Reconsider Anti-Gays Law - February 17, 1999
- House Defeats End To Ban On Gay Sex - February 14, 1999
- Bill to Take Montanas Unconstitutional Sodomy Law Off The
Books Fails in 50-50 House Vote - February 14, 1999
- Committee Hears Bill to Remove Law Against Same-Gender Sex -
February 6, 1999
- Montana Sodomy Ruling Appealed - March 14,
- Judge Strikes Down State's Gay Sex Law - February 18, 1996
- Montana Justice Dept. seeks to end gay sodomy suit - c1995
- Montana Bill Seeks Registration of Gays - March 24, 1995
- Montana Votes to Register Homosexuals - March 22, 1995
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