Montana v. Sage

This is an appeal from the Fifth Judicial District Court, Jefferson County, order denying defendant’s motion to dismiss. We affirm. The sole issue on appeal is whether solicitation of incest is a crime in Montana.

In September, 1990, J.S. was alone in a swimming pool with defendant, her natural father. Defendant repeatedly asked J.S. to “fool around” with him. She refused because the request had a sexual connotation.

J.S. told a social worker that her father became increasingly aggressive toward her. In mid-March of 1991, he cut a peep hole in the bathroom wall so he could watch J.S. Later that…