45-5-627. Ritual abuse of minor -- exceptions -- penalty. - Montana Statutes

     45-5-627. Ritual abuse of minor -- exceptions -- penalty. (1) A person commits the offense of ritual abuse of a minor if the person purposely or knowingly and as part of any ceremony, rite, or ritual or of any training or practice for any ceremony, rite, or ritual:
     (a) has sexual intercourse without consent with a person less than 16 years of age; commits assault, aggravated assault, assault on a minor, or assault with a weapon against a victim less than 16 years of age; or kills a person less than 16 years of age;
     (b) actually or by simulation tortures, mutilates, or sacrifices an animal or person in the presence of the minor;
     (c) dissects, mutilates, or incinerates a human corpse or remains in the presence of the minor;
     (d) forces upon the minor or upon another person in the presence of a minor the ingestion or the external bodily application of human or animal urine, feces, flesh, blood, bone, or bodily secretions or drugs or chemical compounds;
     (e) places a living minor or another living person in the presence of a minor in a coffin or open grave that is empty or that contains a human corpse or remains; or
     (f) threatens the minor or, in the presence of the minor, threatens any person or animal with death or serious bodily harm and the minor reasonably believes that the threat will or may be carried out.
     (2) This section does not apply to activities, practices, and procedures otherwise allowed by law.
     (3) Except as provided in 46-18-219, a person convicted of ritual abuse of a minor shall:
     (a) for the first offense, be imprisoned in the state prison for a term of not less than 2 years or more than 20 years and may be fined not more than $50,000, or both; and
     (b) for a second or subsequent offense, be imprisoned in the state prison for any term of not less than 2 years or more than 40 years and may be fined not more than $50,000, or both.
     (4) In addition to any sentence imposed under subsection (3), after determining pursuant to 46-18-242 the financial resources and future ability of the offender to pay restitution, the court shall require the offender, if able, to pay the victim's reasonable costs of counseling that result from the offense. The amount, method, and time of payment must be determined in the same manner as provided for in 46-18-244.

     History: En. Sec. 1, Ch. 560, L. 1993; amd. Sec. 10, Ch. 482, L. 1995; amd. Sec. 9, Ch. 432, L. 1999.