Montana Code 41-3-207. Penalties — failure to report — false reporting
41-3-207. Penalties — failure to report — false reporting. (1) Any person, official, or institution required by 41-3-201 to report known or suspected child abuse or neglect who fails to do so or who prevents another person from reasonably doing so is civilly liable for the damages proximately caused by the act or omission.
Terms Used In Montana Code 41-3-207
- Child abuse or neglect: means :
(i)actual physical or psychological harm to a child;
(ii)substantial risk of physical or psychological harm to a child; or
(iii)abandonment. See Montana Code 41-3-102
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Knowingly: means only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See Montana Code 1-1-204
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Sexual abuse: means the commission of sexual assault, sexual intercourse without consent, aggravated sexual intercourse without consent, indecent exposure, sexual abuse, ritual abuse of a minor, or incest, as described in Title 45, chapter 5. See Montana Code 41-3-102
- Sexual exploitation: means :
(a)allowing, permitting, or encouraging a child to engage in a prostitution offense, as described in 45-5-601;
(b)allowing, permitting, or encouraging sexual abuse of children as described in 45-5-625; or
(c)allowing, permitting, or encouraging sex trafficking as described in 45-5-702, 45-5-705, 45-5-706, or 45-5-711. See Montana Code 41-3-102
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
(2)Except as provided in subsection (3), any person or official required by 41-3-201 to report known or suspected child abuse or neglect who purposely or knowingly fails to report known child abuse or neglect or purposely or knowingly prevents another person from making a report is guilty of a misdemeanor.
(3)Any person or official required by 41-3-201 to report known or suspected sexual abuse or sexual exploitation who purposely or knowingly fails to report known sexual abuse or sexual exploitation of a child or purposely or knowingly prevents another person from making a report is guilty of a felony and shall be imprisoned in the state prison for a term not to exceed 5 years or fined an amount not to exceed $10,000, or both.
(4)Any person who purposely or knowingly makes a written or verbal false report of suspected child abuse or neglect under 41-3-201 in bad faith or with malicious purpose is guilty of unsworn falsification to authorities as provided in 45-7-203.