The criminal offense of sexual assault generally involves forced sexual intercourse, sodomy, or other sexual penetration of another person—against the person’s will and without the person’s consent.

Sexual assault laws vary from state to state, and in some states the traditional criminal offense of rape is defined as the criminal offense of sexual assault. In some states the touching, groping, or pinching of the body of another person without the person’s consent and for purposes of sexual gratification is defined as sexual assault—and in other states such nonconsensual sexual contact is defined as the criminal offense of sexual battery or forcible touching, for example.

Sexual assault and related criminal offenses are generally located in a state’s statutes—often in the penal or criminal code.

In Montana (MT), the criminal offense of sexual assault is defined under the state's statutes, specifically in the Montana Code Annotated (MCA). Sexual assault in Montana typically involves nonconsensual sexual intercourse, sodomy, or other sexual penetration, which is against the victim's will. The state's laws distinguish between various degrees of sexual assault based on factors such as the use of force, the victim's ability to consent, and the nature of the sexual act. Additionally, Montana law recognizes the offense of sexual intercourse without consent, which is often equated with rape in other jurisdictions. The touching, groping, or pinching of another person's body without consent for sexual gratification may fall under the offense of sexual assault or a related charge such as sexual abuse or unlawful sexual contact, depending on the specific circumstances and the degree of the offense. These offenses are serious crimes in Montana and are subject to stringent penalties, including imprisonment and fines. Victims of sexual assault in Montana also have the right to seek protective orders and may be entitled to other forms of legal relief.