45-5-706. Aggravated sex trafficking. (1) A person commits the offense of aggravated sex trafficking if, during the commission of the offense of sex trafficking, the person purposely or knowingly:

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Terms Used In Montana Code 45-5-706

  • Adult: means a person 18 years of age or older. See Montana Code 45-5-701
  • Coercion: means :

    (a)the use or threat of force against, abduction of, serious harm to, or physical restraint of a person;

    (b)the use of a plan, pattern, or statement with intent to cause a person to believe that failure to perform an act will result in the use of force against, abduction of, serious harm to, or physical restraint of a person;

    (c)the abuse or threatened abuse of law or legal process;

    (d)controlling or threatening to control a person's access to any substance defined as a dangerous drug pursuant to Title 50, chapter 32, parts 1 and 2;

    (e)the actual or threatened destruction or taking of a person's identification document or other property;

    (f)the use of debt bondage;

    (g)the use of a person's physical or mental impairment when the impairment has a substantial adverse effect on the person's cognitive or volitional function; or

    (h)the commission of civil or criminal fraud. See Montana Code 45-5-701

  • Fraud: Intentional deception resulting in injury to another.
  • Human trafficking: means the commission of an offense under 45-5-702, 45-5-703, 45-5-705, 45-5-706, or 45-5-711. See Montana Code 45-5-701
  • 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
  • Prostitution: has the meaning provided in 45-5-601. See Montana Code 45-5-701
  • Sex: means the organization of the body parts and gametes for reproduction in human beings and other organisms. See Montana Code 1-1-201
  • 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

(a)uses fraud, coercion, or deception to control an adult to engage in prostitution; or

(b)recruits, entices, or obtains the victim of the offense from a shelter that serves runaway youth, foster children, homeless persons, human trafficking victims, or victims of domestic violence or sexual violence.

(2)A person convicted of the offense of aggravated sex trafficking shall be imprisoned in the state prison for a term of not less than 5 years or more than 40 years, fined in the amount of $400,000, or both. The exceptions provided in 46-18-222(5) and (6) do not apply.