40-15-116. Definitions. As used in 40-15-115 through 40-15-121, the following definitions apply:
(1) "Applicant" means a victim and includes a parent or guardian of a minor or a person described in 40-15-102(4) who acts on behalf of the victim.
(2) "Department" means the department of justice.
(3) "Participant" means an applicant who has submitted an application pursuant to 40-15-117 that has been approved by the department.
(4) "Partner or family member assault" has the meaning provided in 45-5-206.
(5) "Sexual assault" means sexual assault as defined in 45-5-502, sexual intercourse without consent as defined in 45-5-503, incest as defined in 45-5-507, or sexual abuse of children as defined in 45-5-625.
(6) "Stalking" has the meaning provided in 45-5-220.
(7) "Victim" means an individual who has been a victim of partner or family member assault, sexual assault, or stalking or who is otherwise eligible to file a petition for an order of protection under 40-15-102.
History: En. Sec. 2, Ch. 83, L. 2005; amd. Sec. 2, Ch. 255, L. 2021.
Structure Montana Code Annotated
Chapter 15. Partner and Family Member Assault, Sexual Assault, and Stalking -- Victim Protection
40-15-102. Eligibility for order of protection
40-15-103. Notice of rights when partner or family member assault is suspected
40-15-104. through 40-15-109 reserved
40-15-110. Partner and family member assault intervention and treatment fund account
40-15-111. through 40-15-114 reserved
40-15-117. Substitute address for participant -- application -- duties of department -- penalty
40-15-119. Cancellation of substitute address -- cessation of duty
40-15-121. Implementation by state and local government agencies