An Alaska man, Russell Whitfield Smith, 48, was charged in Missoula Justice Court on Wednesday, December 11, with committing incest with his adult daughter, 19, in her Missoula home.

According to court documents, law enforcement received a call from Child Protective Services on December 10  that a father was having consensual sex with his biological daughter. Russell W. Smith had moved to Missoula from Alaska and was living with his daughter and they were having sex. The victim's roommate reported the incidents to authorities, confirming that they were having sex and planned to marry. The victim, Jane Doe, stated that she knew it was illegal and that she should go to jail, so that he, Smith, could take care of other minor children in the home.

Deputy County Attorney Jennifer Clark said that the victim was mentally disabled, and that her father was taking advantage of her.

"It is alleged that this defendant has indeed been involved in a sexual relationship with his biological daughter," Clark said. "The disturbing part for the state along with that, is that she also suffers from some mental deficiencies, and we believe that she had been taken advantage of."

Judge John Odlin set bail for Smith at $50,000.

Incest is a felony, punishable by from two to four years or more than 100 years or life in the Montana State Prison, and a $50,000 fine.

Deputy Missoula County Attorney Jennifer Clark