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Montana Child Molestation Laws

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Mandatory Reporters of Child Abuse and Neglect

Montana Ann. Code § 41-3-201 sets forth a list of professionals required to report suspected child abuse and neglect (including sexual abuse) to authorities. The list includes medical and mental health care providers, teachers, school officials, school employees, employees of daycare facilities, social workers, members of the clergy, foster care workers, peace officers, and law enforcement officials.

In addition, any other person who knows or has reasonable cause to suspect that a child is abused or neglected may report.

Reports must be made immediately. Failure to report is a misdemeanor.

Sexual Abuse and Exploitation

Montana Ann. Code § 41-3-102 provides ‘sexual abuse’ means the commission of sexual assault, sexual intercourse without consent, indecent exposure, deviate sexual conduct, ritual abuse, or incest.

‘Sexual exploitation’ means allowing, permitting, or encouraging a child to engage in a prostitution offense or allowing, permitting, or encouraging sexual abuse of children.

‘Physical or psychological harm to a child’ means the harm that occurs whenever a parent or other person responsible for the child’s welfare commits or allows sexual abuse or exploitation of the child.

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