Terms Used In Montana Code > Title 45 > Chapter 5 - Offenses Against the Person

• Adult: means a person 18 years of age or older. See Montana Code 45-5-701
• Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
• Arrest: Taking physical custody of a person by lawful authority.
• Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
• 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

• Commercial sexual activity: means sexual activity for which anything of value is given to, promised to, or received by a person. See Montana Code 45-5-701
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Debt bondage: means inducing a person to provide:

  (a)commercial sexual activity in payment toward or satisfaction of a real or purported debt; or

  (b)labor or services in payment toward or satisfaction of a real or purported debt if:

  (i)the reasonable value of the labor or services is not applied toward the liquidation of the debt; or

  (ii)the length of the labor or services is not limited and the nature of the labor or services is not defined. See Montana Code 45-5-701

• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Dependent: A person dependent for support upon another.
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Fraud: Intentional deception resulting in injury to another.
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• 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
• Identification document: means a passport, driver's license, immigration document, travel document, or other government-issued identification document, including a document issued by a foreign government. See Montana Code 45-5-701
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• 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
• Labor or services: means activity having economic value. See Montana Code 45-5-701
• Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Peace officer: has the meaning as defined in 46-1-202. See Montana Code 1-1-207
• Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
• Property: means real and personal property. See Montana Code 1-1-205
• Prostitution: has the meaning provided in 45-5-601. See Montana Code 45-5-701
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Serious harm: means physical or nonphysical harm, including psychological, economic, or reputational harm to a person that would compel a reasonable person of the same background and in the same circumstances to perform or continue to perform labor or services or sexual activity to avoid incurring the harm. 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
• Sexual activity: means any sex act or simulated sex act intended to arouse or gratify the sexual desire of any person. See Montana Code 45-5-701
• Sexual contact: has the meaning provided in 45-2-101. See Montana Code 45-5-701
• Sexually explicit performance: means a live, public, private, photographed, recorded, or videotaped act or simulated act intended to arouse or gratify the sexual desire of any person. See Montana Code 45-5-701
• Statute: A law passed by a legislature.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
• Vessel: when used in reference to shipping, includes ships of all kinds, steamboats and steamships, canal boats, and every structure adapted to be navigated from place to place. See Montana Code 1-1-207
• Writing: includes printing. See Montana Code 1-1-203