Signed by Governor Steve Bullock

Vote Smart's Synopsis:

Vote to pass a bill which defines consent and aggravated sexual assault and establishes penalties for violations.

Highlights:

• Defines “consent” as words or overt actions indicating a freely given agreement to have sexual intercourse or sexual contact (Sec. 2)

• Specifies that expressions including, but not limited to, the following may serve to establish lack of consent (Sec. 2):
• An expression of lack of consent through words or conduct; and
• An inference based on all of the surrounding circumstances.

• Specifies that a current or previous dating, social, or sexual relationship or the dress of any individual involved does not constitute consent (Sec. 2).

• Defines aggravated sexual assault as a person who uses force while knowingly having sexual intercourse with another person without consent or a person incapable of giving consent (Sec. 1).

• Requires aggravated sexual assault without consent to be punished by life imprisonment or by imprisonment for not less than 10 years to not more than 100 years (Sec. 1).

• Reduces prison sentences for individuals convicted of sexual intercourse without consent from a life sentence without possibility of release to no more than 20 years imprisonment (Sec. 3). 

Full Bill Text