Montana Title 45. Crimes § 45-5-116. Harm to fetus of another--exceptions

(1) A prosecution for a violation of 45-5-102 or 45-5-103 with regard to the death of a fetus of another may not be brought against:

(2) A prosecution for or conviction of an offense under 45-5-102 or 45-5-103 is not a bar to conviction of or punishment for any other crime committed by the defendant as part of the same conduct.

(3) As used in 45-5-102, 45-5-103, and this section, “fetus” means an organism of the species Homo sapiens from 8 weeks of development until complete expulsion or extraction from a woman's body.