When Apparent Consent Not Free

Mont. Code Ann. § 28-2-401, under Circumstances Which Affect Validity of Apparent Consent.

Mont. Code Ann. § 28-2-401

(1) An apparent consent is not real or free when obtained through: (a) duress; (b) menace; (c) fraud; (d) undue influence; or (e) mistake. (2) Consent is deemed to have been obtained through one of the causes mentioned in subsection (1) only when it would not have been given had such cause not existed.