State v. Madsen

¶1 The State of Montana appeals the District Court’s ‘Order on Defendant’s Motion to Dismiss,”filed January 11, 2013. We reverse.

¶2 The issue on appeal is whether the District Court erred in dismissing a charge against Madsen under §45-5-204, MCA.

PROCEDURAL AND FACTUAL BACKGROUND

¶3 In 2011 Thomas Madsen was a Gallatin County Sheriffs Deputy. On February 9, 2011, K.J. was a female juvenile whose parents brought her to the Gallatin County Law & Justice Center and requested law enforcement assistance in getting her transported to residential treatment. At the time of the incident involved in…