MCA T. 45, Refs & Annos

West's Montana Code Annotated Currentness

Title 45. Crimes


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA T. 45, Ch. 1, Pt. 1, Refs & Annos

West's Montana Code Annotated Currentness

Title 45. Crimes

Chapter 1. General Preliminary Provisions

Part 1. Construction and Applicability


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-1-101

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 1. General Preliminary Provisions

Part 1. Construction and Applicability (Refs & Annos)

45-1-101. Short title


This title shall be known and may be cited as the “Criminal Code of 1973”.


CREDIT(S)


Enacted 94-1-101 by Laws 1973, ch. 513, § 1; Revised Code of Montana 1947, 94-1-101.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-1-102

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 1. General Preliminary Provisions

Part 1. Construction and Applicability (Refs & Annos)

45-1-102. General purposes and principles of construction


(1) The general purposes of the provisions governing the definition of offenses are:


(a) to forbid and prevent conduct that unjustifiably and inexcusably inflicts or threatens harm to individual or public interests;


(b) to safeguard conduct that is without fault from condemnation as criminal;


(c) to give fair warning of the nature of the conduct declared to constitute an offense;


(d) to differentiate on reasonable grounds between serious and minor offenses.


(2) The rule of the common law that penal statutes are to be strictly construed has no application to this code. All its provisions are to be construed according to the fair import of their terms with a view to effect its object and to promote justice.


CREDIT(S)


Enacted 94-1-102 by Laws 1973, ch. 513, § 1; Revised Code of Montana 1947, 94-1-102.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-1-103

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 1. General Preliminary Provisions

Part 1. Construction and Applicability (Refs & Annos)

45-1-103. Application to offenses committed before and after enactment


(1) The provisions of this code apply to any offense defined in this code and committed after January 1, 1974.


(2) Unless otherwise expressly provided or unless the context otherwise requires, the provisions of this title and Title 46 govern the construction of and punishment for any offense defined outside of this code and committed after January 1, 1974, as well as the construction and application of any defense to a prosecution for such an offense.


(3) The provisions of this code do not apply to any offense defined outside of this code and committed before January 1, 1974. Such an offense must be construed and punished according to the provisions of law existing at the time of the commission thereof in the same manner as if this code had not been enacted.


CREDIT(S)


Enacted 94-1-103 by Laws 1973, ch. 513, § 1. Amended by Laws 1977, ch. 359, § 7; Revised Code of Montana 1947, 94-1-103.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-1-104

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 1. General Preliminary Provisions

Part 1. Construction and Applicability (Refs & Annos)

45-1-104. Other limitations on applicability


(1) This code does not bar, suspend, or otherwise affect any right or liability to damages, penalty, forfeiture, or other remedy authorized by law to be recovered, and the civil injury is not merged into the offense.


(2) No conduct constitutes an offense unless it is described as an offense in this code or in another statute of this state. However, this provision does not affect the power of a court to punish for contempt or to employ any sanction authorized by law for the enforcement of an order, civil judgment, or decree.


CREDIT(S)


Enacted 94-1-104 by Laws 1973, ch. 513, § 1; Revised Code of Montana 1947, 94-1-104.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-1-201

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 1. General Preliminary Provisions

Part 2. Classification and Limitations

45-1-201. Classification of offenses


(1) For the determination of the court's jurisdiction at the commencement of the action and for the determination of the commencement of the period of limitations, the offense shall be designated a felony or misdemeanor based upon the maximum potential sentence which could be imposed by statute.


(2) An offense defined by any statute of this state other than this code shall be classified as provided in this section, and the sentence that may be imposed upon conviction thereof shall be governed by this title and Title 46.


CREDIT(S)


Enacted 94-1-105 by Laws 1973, ch. 513, § 1. Amended by Laws 1977, ch. 359, § 8; Revised Code of Montana 1947, 94-1-105.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-1-202

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 1. General Preliminary Provisions

Part 2. Classification and Limitations

45-1-202 to 45-1-204. Reserved


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-1-204

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 1. General Preliminary Provisions

Part 2. Classification and Limitations

45-1-202 to 45-1-204. Reserved


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-1-205

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 1. General Preliminary Provisions

Part 2. Classification and Limitations

45-1-205. General time limitations


(1)(a) A prosecution for deliberate, mitigated, or negligent homicide may be commenced at any time.


(b) Except as provided in subsection (9), a prosecution for a felony offense under 45-5-502, 45-5-503, or 45-5-507(4) or (5) may be commenced within 10 years after it is committed, except that it may be commenced within 10 years after the victim reaches 18 years of age if the victim was less than 18 years of age at the time that the offense occurred. A prosecution for a misdemeanor offense under those provisions may be commenced within 1 year after the offense is committed, except that it may be commenced within 5 years after the victim reaches 18 years of age if the victim was less than 18 years of age at the time that the offense occurred.


(c) Except as provided in subsection (9), a prosecution under 45-5-504, 45-5-505, 45-5-507(1), (2), (3), or (6), 45-5-625, or 45-5-627 may be commenced within 5 years after the victim reaches 18 years of age if the victim was less than 18 years of age at the time that the offense occurred.


(2) Except as provided in subsection (7)(b) or as otherwise provided by law, prosecutions for other offenses are subject to the following periods of limitation:


(a) A prosecution for a felony must be commenced within 5 years after it is committed.


(b) A prosecution for a misdemeanor must be commenced within 1 year after it is committed.


(3) The periods prescribed in subsection (2) are extended in a prosecution for theft involving a breach of fiduciary obligation to an aggrieved person as follows:


(a) if the aggrieved person is a minor or incompetent, during the minority or incompetency or within 1 year after the termination of the minority or incompetency;


(b) in any other instance, within 1 year after the discovery of the offense by the aggrieved person or by a person who has legal capacity to represent an aggrieved person or has a legal duty to report the offense and is not personally a party to the offense or, in the absence of discovery, within 1 year after the prosecuting officer becomes aware of the offense.


(4) The period prescribed in subsection (2) must be extended in a prosecution for unlawful use of a computer, and prosecution must be brought within 1 year after the discovery of the offense by the aggrieved person or by a person who has legal capacity to represent an aggrieved person or has a legal duty to report the offense and is not personally a party to the offense or, in the absence of discovery, within 1 year after the prosecuting officer becomes aware of the offense.


(5) The period prescribed in subsection (2) is extended in a prosecution for misdemeanor fish and wildlife violations under Title 87, and prosecution must be brought within 3 years after an offense is committed.


(6) The period prescribed in subsection (2)(b) is extended in a prosecution for misdemeanor violations of the laws regulating the activities of outfitters and guides under Title 37, chapter 47, and prosecution must be brought within 3 years after an offense is committed.


(7)(a) An offense is committed either when every element occurs or, when the offense is based upon a continuing course of conduct, at the time when the course of conduct is terminated. Time starts to run on the day after the offense is committed.


(b) A prosecution for theft under 45-6-301 may be commenced at any time during the 5 years following the date of the theft, whether or not the offender is in possession of or otherwise exerting unauthorized control over the property at the time the prosecution is commenced. After the 5-year period ends, a prosecution may be commenced at any time if the offender is still in possession of or otherwise exerting unauthorized control over the property, except that the prosecution must be commenced within 1 year after the investigating officer discovers that the offender still possesses or is otherwise exerting unauthorized control over the property.


(8) A prosecution is commenced either when an indictment is found or an information or complaint is filed.


(9) If a suspect is conclusively identified by DNA testing after a time period prescribed in subsection (1)(b) or (1)(c) has expired, a prosecution may be commenced within 1 year after the suspect is conclusively identified by DNA testing.


(10) A prosecution for reckless driving resulting in death may be commenced within 3 years after the offense is committed.


(11) A prosecution of careless driving resulting in death may be commenced within 3 years after the offense is committed.


CREDIT(S)


Enacted 94-1-106 by Laws 1973, ch. 513, § 1. Amended by Laws 1977, ch. 359, § 9; Revised Code of Montana 1947, 94-1-106; amended by Laws 1981, ch. 485, § 4; amended by Laws 1985, ch. 227, § 1; amended by Laws 1989, ch. 294, § 1; amended by Laws 1989, ch. 435, § 1; amended by Laws 1991, ch. 277, § 1; amended by Laws 1993, ch. 220, § 17; amended by Laws 1993, ch. 560, § 2; amended by Laws 1995, ch. 247, § 1; amended by Laws 2001, ch. 530, § 1; amended by Laws 2007, ch. 446, § 1; amended by Laws 2007, ch. 483, § 4; amended by Laws 2009, ch. 348, § 1, eff. Oct. 1, 2009.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-1-206

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 1. General Preliminary Provisions

Part 2. Classification and Limitations

45-1-206. Periods excluded from limitation


The period of limitation does not run during:


(1) any period in which the offender is not usually and publicly resident within this state or is beyond the jurisdiction of this state;


(2) any period in which the offender is a public officer and the offense charged is theft of public funds while in public office; or


(3) a prosecution pending against the offender for the same conduct, even if the indictment, complaint, or information which commences the prosecution is dismissed.


CREDIT(S)


Enacted 94-1-107 by Laws 1973, ch. 513, § 1; Revised Code of Montana 1947, 94-1-107.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-2-101

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 2. General Principles of Liability

Part 1. Definitions and State of Mind

45-2-101. General definitions


Unless otherwise specified in the statute, all words must be taken in the objective standard rather than in the subjective, and unless a different meaning plainly is required, the following definitions apply in this title:


(1) “Acts” has its usual and ordinary meaning and includes any bodily movement, any form of communication, and when relevant, a failure or omission to take action.


(2) “Administrative proceeding” means a proceeding the outcome of which is required to be based on a record or documentation prescribed by law or in which a law or a regulation is particularized in its application to an individual.


(3) “Another” means a person or persons other than the offender.


(4)(a) “Benefit” means gain or advantage or anything regarded by the beneficiary as gain or advantage, including benefit to another person or entity in whose welfare the beneficiary is interested.


(b) Benefit does not include an advantage promised generally to a group or class of voters as a consequence of public measures that a candidate engages to support or oppose.


(5) “Bodily injury” means physical pain, illness, or an impairment of physical condition and includes mental illness or impairment.


(6) “Child” or “children” means any individual or individuals under 18 years of age, unless a different age is specified.


(7) “Cohabit” means to live together under the representation of being married.


(8) “Common scheme” means a series of acts or omissions motivated by a purpose to accomplish a single criminal objective or by a common purpose or plan that results in the repeated commission of the same offense or that affects the same person or the same persons or the property of the same person or persons.


(9) “Computer” means an electronic device that performs logical, arithmetic, and memory functions by the manipulation of electronic or magnetic impulses and includes all input, output, processing, storage, software, or communication facilities that are connected or related to that device in a system or network.


(10) “Computer network” means the interconnection of communication systems between computers or computers and remote terminals.


(11) “Computer program” means an instruction or statement or a series of instructions or statements, in a form acceptable to a computer, that in actual or modified form permits the functioning of a computer or computer system and causes it to perform specified functions.


(12) “Computer services” include but are not limited to computer time, data processing, and storage functions.


(13) “Computer software” means a set of computer programs, procedures, and associated documentation concerned with the operation of a computer system.


(14) “Computer system” means a set of related, connected, or unconnected devices, computer software, or other related computer equipment.


(15) “Conduct” means an act or series of acts and the accompanying mental state.


(16) “Conviction” means a judgment of conviction or sentence entered upon a plea of guilty or nolo contendere or upon a verdict or finding of guilty of an offense rendered by a legally constituted jury or by a court of competent jurisdiction authorized to try the case without a jury.


(17) “Correctional institution” means a state prison, detention center, multijurisdictional detention center, private detention center, regional correctional facility, private correctional facility, or other institution for the incarceration of inmates under sentence for offenses or the custody of individuals awaiting trial or sentence for offenses.


(18) “Deception” means knowingly to:


(a) create or confirm in another an impression that is false and that the offender does not believe to be true;


(b) fail to correct a false impression that the offender previously has created or confirmed;


(c) prevent another from acquiring information pertinent to the disposition of the property involved;


(d) sell or otherwise transfer or encumber property without disclosing a lien, adverse claim, or other legal impediment to the enjoyment of the property, whether the impediment is or is not of value or is or is not a matter of official record; or


(e) promise performance that the offender does not intend to perform or knows will not be performed. Failure to perform, standing alone, is not evidence that the offender did not intend to perform.


(19) “Defamatory matter” means anything that exposes a person or a group, class, or association to hatred, contempt, ridicule, degradation, or disgrace in society or to injury to the person's or its business or occupation.


(20) “Deprive” means:


(a) to withhold property of another:


(i) permanently;


(ii) for such a period as to appropriate a portion of its value; or


(iii) with the purpose to restore it only upon payment of reward or other compensation; or


(b) to dispose of the property of another and use or deal with the property so as to make it unlikely that the owner will recover it.


(21) “Deviate sexual relations” means sexual contact or sexual intercourse between two persons of the same sex or any form of sexual intercourse with an animal.


(22) “Document” means, with respect to offenses involving the medicaid program, any application, claim, form, report, record, writing, or correspondence, whether in written, electronic, magnetic, microfilm, or other form.


(23) “Felony” means an offense in which the sentence imposed upon conviction is death or imprisonment in a state prison for a term exceeding 1 year.


(24) “Forcible felony” means a felony that involves the use or threat of physical force or violence against any individual.


(25) A “frisk” is a search by an external patting of a person's clothing.


(26) “Government” includes a branch, subdivision, or agency of the government of the state or a locality within it.


(27) “Harm” means loss, disadvantage, or injury or anything so regarded by the person affected, including loss, disadvantage, or injury to a person or entity in whose welfare the affected person is interested.


(28) A “house of prostitution” means a place where prostitution or promotion of prostitution is regularly carried on by one or more persons under the control, management, or supervision of another.


(29) “Human being” means a person who has been born and is alive.


(30) An “illegal article” is an article or thing that is prohibited by statute, rule, or order from being in the possession of a person subject to official detention.


(31) “Inmate” means a person who is confined in a correctional institution.


(32)(a) “Intoxicating substance” means a controlled substance, as defined in Title 50, chapter 32, and an alcoholic beverage, including but not limited to a beverage containing    1/2 of 1% or more of alcohol by volume.


(b) Intoxicating substance does not include dealcoholized wine or a beverage or liquid produced by the process by which beer, ale, port, or wine is produced if it contains less than    1/2 of 1% of alcohol by volume.


(33) An “involuntary act” means an act that is:


(a) a reflex or convulsion;


(b) a bodily movement during unconsciousness or sleep;


(c) conduct during hypnosis or resulting from hypnotic suggestion; or


(d) a bodily movement that otherwise is not a product of the effort or determination of the actor, either conscious or habitual.


(34) “Juror” means a person who is a member of a jury, including a grand jury, impaneled by a court in this state in an action or proceeding or by an officer authorized by law to impanel a jury in an action or proceeding. The term “juror” also includes a person who has been drawn or summoned to attend as a prospective juror.


(35) “Knowingly”--a person acts knowingly with respect to conduct or to a circumstance described by a statute defining an offense when the person is aware of the person's own conduct or that the circumstance exists. A person acts knowingly with respect to the result of conduct described by a statute defining an offense when the person is aware that it is highly probable that the result will be caused by the person's conduct. When knowledge of the existence of a particular fact is an element of an offense, knowledge is established if a person is aware of a high probability of its existence. Equivalent terms, such as “knowing” or “with knowledge”, have the same meaning.


(36) “Medicaid” means the Montana medical assistance program provided for in Title 53, chapter 6.


(37) “Medicaid agency” has the meaning in 53-6-155.


(38) “Medicaid benefit” means the provision of anything of pecuniary value to or on behalf of a recipient under the medicaid program.


(39)(a) “Medicaid claim” means a communication, whether in oral, written, electronic, magnetic, or other form:


(i) that is used to claim specific services or items as payable or reimbursable under the medicaid program; or


(ii) that states income, expense, or other information that is or may be used to determine entitlement to or the rate of payment under the medicaid program.


(b) The term includes related documents submitted as a part of or in support of the claim.


(40) “Mentally defective” means that a person suffers from a mental disease or defect that renders the person incapable of appreciating the nature of the person's own conduct.


(41) “Mentally incapacitated” means that a person is rendered temporarily incapable of appreciating or controlling the person's own conduct as a result of the influence of an intoxicating substance.


(42) “Misdemeanor” means an offense for which the sentence imposed upon conviction is imprisonment in the county jail for a term or a fine, or both, or for which the sentence imposed is imprisonment in a state prison for a term of 1 year or less.


(43) “Negligently”--a person acts negligently with respect to a result or to a circumstance described by a statute defining an offense when the person consciously disregards a risk that the result will occur or that the circumstance exists or when the person disregards a risk of which the person should be aware that the result will occur or that the circumstance exists. The risk must be of a nature and degree that to disregard it involves a gross deviation from the standard of conduct that a reasonable person would observe in the actor's situation. “Gross deviation” means a deviation that is considerably greater than lack of ordinary care. Relevant terms, such as “negligent” and “with negligence”, have the same meaning.


(44) “Nolo contendere” means a plea in which the defendant does not contest the charge or charges against the defendant and neither admits nor denies the charge or charges.


(45) “Obtain” means:


(a) in relation to property, to bring about a transfer of interest or possession, whether to the offender or to another; and


(b) in relation to labor or services, to secure the performance of the labor or service.


(46) “Obtains or exerts control” includes but is not limited to the taking, the carrying away, or the sale, conveyance, or transfer of title to, interest in, or possession of property.


(47) “Occupied structure” means any building, vehicle, or other place suitable for human occupancy or night lodging of persons or for carrying on business, whether or not a person is actually present, including any outbuilding that is immediately adjacent to or in close proximity to an occupied structure and that is habitually used for personal use or employment. Each unit of a building consisting of two or more units separately secured or occupied is a separate occupied structure.


(48) “Offender” means a person who has been or is liable to be arrested, charged, convicted, or punished for a public offense.


(49) “Offense” means a crime for which a sentence of death or of imprisonment or a fine is authorized. Offenses are classified as felonies or misdemeanors.


(50)(a) “Official detention” means imprisonment resulting from a conviction for an offense, confinement for an offense, confinement of a person charged with an offense, detention by a peace officer pursuant to arrest, detention for extradition or deportation, or lawful detention for the purpose of the protection of the welfare of the person detained or for the protection of society.


(b) Official detention does not include supervision of probation or parole, constraint incidental to release on bail, or an unlawful arrest unless the person arrested employed physical force, a threat of physical force, or a weapon to escape.


(51) “Official proceeding” means a proceeding heard or that may be heard before a legislative, a judicial, an administrative, or another governmental agency or official authorized to take evidence under oath, including any referee, hearings examiner, commissioner, notary, or other person taking testimony or deposition in connection with the proceeding.


(52) “Other state” means a state or territory of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.


(53) “Owner” means a person other than the offender who has possession of or other interest in the property involved, even though the interest or possession is unlawful, and without whose consent the offender has no authority to exert control over the property.


(54) “Party official” means a person who holds an elective or appointive post in a political party in the United States by virtue of which the person directs or conducts or participates in directing or conducting party affairs at any level of responsibility.


(55) “Peace officer” means a person who by virtue of the person's office or public employment is vested by law with a duty to maintain public order or to make arrests for offenses while acting within the scope of the person's authority.


(56) “Pecuniary benefit” is benefit in the form of money, property, commercial interests, or anything else the primary significance of which is economic gain.


(57) “Person” includes an individual, business association, partnership, corporation, government, or other legal entity and an individual acting or purporting to act for or on behalf of a government or subdivision of government.


(58) “Physically helpless” means that a person is unconscious or is otherwise physically unable to communicate unwillingness to act.


(59) “Possession” is the knowing control of anything for a sufficient time to be able to terminate control.


(60) “Premises” includes any type of structure or building and real property.


(61) “Property” means a tangible or intangible thing of value. Property includes but is not limited to:


(a) real estate;


(b) money;


(c) commercial instruments;


(d) admission or transportation tickets;


(e) written instruments that represent or embody rights concerning anything of value, including labor or services, or that are otherwise of value to the owner;


(f) things growing on, affixed to, or found on land and things that are part of or affixed to a building;


(g) electricity, gas, and water;


(h) birds, animals, and fish that ordinarily are kept in a state of confinement;


(i) food and drink, samples, cultures, microorganisms, specimens, records, recordings, documents, blueprints, drawings, maps, and whole or partial copies, descriptions, photographs, prototypes, or models thereof;


(j) other articles, materials, devices, substances, and whole or partial copies, descriptions, photographs, prototypes, or models thereof that constitute, represent, evidence, reflect, or record secret scientific, technical, merchandising, production, or management information or a secret designed process, procedure, formula, invention, or improvement; and


(k) electronic impulses, electronically processed or produced data or information, commercial instruments, computer software or computer programs, in either machine- or human-readable form, computer services, any other tangible or intangible item of value relating to a computer, computer system, or computer network, and copies thereof.


(62) “Property of another” means real or personal property in which a person other than the offender has an interest that the offender has no authority to defeat or impair, even though the offender may have an interest in the property.


(63) “Public place” means a place to which the public or a substantial group has access.


(64)(a) “Public servant” means an officer or employee of government, including but not limited to legislators, judges, and firefighters, and a person participating as a juror, adviser, consultant, administrator, executor, guardian, or court-appointed fiduciary. The term “public servant” includes one who has been elected or designated to become a public servant.


(b) The term does not include witnesses.


(65) “Purposely”--a person acts purposely with respect to a result or to conduct described by a statute defining an offense if it is the person's conscious object to engage in that conduct or to cause that result. When a particular purpose is an element of an offense, the element is established although the purpose is conditional, unless the condition negatives the harm or evil sought to be prevented by the law defining the offense. Equivalent terms, such as “purpose” and “with the purpose”, have the same meaning.


(66)(a) “Serious bodily injury” means bodily injury that:


(i) creates a substantial risk of death;


(ii) causes serious permanent disfigurement or protracted loss or impairment of the function or process of a bodily member or organ; or


(iii) at the time of injury, can reasonably be expected to result in serious permanent disfigurement or protracted loss or impairment of the function or process of a bodily member or organ.


(b) The term includes serious mental illness or impairment.


(67) “Sexual contact” means touching of the sexual or other intimate parts of the person of another, directly or through clothing, in order to knowingly or purposely:


(a) cause bodily injury to or humiliate, harass, or degrade another; or


(b) arouse or gratify the sexual response or desire of either party.


(68)(a) “Sexual intercourse” means penetration of the vulva, anus, or mouth of one person by the penis of another person, penetration of the vulva or anus of one person by a body member of another person, or penetration of the vulva or anus of one person by a foreign instrument or object manipulated by another person to knowingly or purposely:


(i) cause bodily injury or humiliate, harass, or degrade; or


(ii) arouse or gratify the sexual response or desire of either party.


(b) For purposes of subsection (68)(a), any penetration, however slight, is sufficient.


(69) “Solicit” or “solicitation” means to command, authorize, urge, incite, request, or advise another to commit an offense.


(70) “State” or “this state” means the state of Montana, all the land and water in respect to which the state of Montana has either exclusive or concurrent jurisdiction, and the air space above the land and water.


(71) “Statute” means an act of the legislature of this state.


(72) “Stolen property” means property over which control has been obtained by theft.


(73) A “stop” is the temporary detention of a person that results when a peace officer orders the person to remain in the peace officer's presence.


(74) “Tamper” means to interfere with something improperly, meddle with it, make unwarranted alterations in its existing condition, or deposit refuse upon it.


(75) “Telephone” means any type of telephone, including but not limited to a corded, uncorded, cellular, or satellite telephone.


(76) “Threat” means a menace, however communicated, to:


(a) inflict physical harm on the person threatened or any other person or on property;


(b) subject any person to physical confinement or restraint;


(c) commit a criminal offense;


(d) accuse a person of a criminal offense;


(e) expose a person to hatred, contempt, or ridicule;


(f) harm the credit or business repute of a person;


(g) reveal information sought to be concealed by the person threatened;


(h) take action as an official against anyone or anything, withhold official action, or cause the action or withholding;


(i) bring about or continue a strike, boycott, or other similar collective action if the person making the threat demands or receives property that is not for the benefit of groups that the person purports to represent; or


(j) testify or provide information or withhold testimony or information with respect to another's legal claim or defense.


(77)(a) “Value” means the market value of the property at the time and place of the crime or, if the market value cannot be satisfactorily ascertained, the cost of the replacement of the property within a reasonable time after the crime. If the offender appropriates a portion of the value of the property, the value must be determined as follows:


(i) The value of an instrument constituting an evidence of debt, such as a check, draft, or promissory note, is considered the amount due or collectible. The figure is ordinarily the face amount of the indebtedness less any portion of the indebtedness that has been satisfied.


(ii) The value of any other instrument that creates, releases, discharges, or otherwise affects any valuable legal right, privilege, or obligation is considered the amount of economic loss that the owner of the instrument might reasonably suffer by virtue of the loss of the instrument.


(iii) The value of electronic impulses, electronically produced data or information, computer software or programs, or any other tangible or intangible item relating to a computer, computer system, or computer network is considered to be the amount of economic loss that the owner of the item might reasonably suffer by virtue of the loss of the item. The determination of the amount of economic loss includes but is not limited to consideration of the value of the owner's right to exclusive use or disposition of the item.


(b) When it cannot be determined if the value of the property is more or less than $1,500 by the standards set forth in subsection (77)(a), its value is considered to be an amount less than $1,500.


(c) Amounts involved in thefts committed pursuant to a common scheme or the same transaction, whether from the same person or several persons, may be aggregated in determining the value of the property.


(78) “Vehicle” means a device for transportation by land, water, or air or by mobile equipment, with provision for transport of an operator.


(79) “Weapon” means an instrument, article, or substance that, regardless of its primary function, is readily capable of being used to produce death or serious bodily injury.


(80) “Witness” means a person whose testimony is desired in an official proceeding, in any investigation by a grand jury, or in a criminal action, prosecution, or proceeding.


CREDIT(S)


Enacted 94-2-101 by Laws 1973, ch. 513, § 1. Amended by Laws 1975, ch. 190, § 1; amended by Laws 1975, ch. 405, § 1; amended by Laws 1975, ch. 443, § 1; amended by Laws 1977, ch. 359, § 10; amended by Laws 1977, ch. 489, § 3; Revised Code of Montana 1947, 94-2-101; amended by Laws 1979, ch. 10, § 1; amended by Laws 1981, ch. 485, § 1; amended by Laws 1985, ch. 3, § 15; amended by Laws 1993, ch. 143, § 1; amended by Laws 1993, ch. 616, § 1; amended by Laws 1995, ch. 18, § 50; amended by Laws 1995, ch. 354, § 8; amended by Laws 1999, ch. 288, § 1; amended by Laws 1999, ch. 354, § 1; amended by Laws 1999, ch. 395, § 2; amended by Laws 1999, ch. 397, § 2; amended by Laws 2001, ch. 312, § 1; amended by Laws 2005, ch. 364, § 1; amended by Laws 2007, ch. 155, § 1; amended by Laws 2009, ch. 473, § 1, eff. Oct. 1, 2009.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-2-102

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 2. General Principles of Liability

Part 1. Definitions and State of Mind

45-2-102. Substitutes for negligence and knowledge


When the law provides that negligence suffices to establish an element of an offense, such element also is established if a person acts purposely or knowingly. When acting knowingly suffices to establish an element, such element also is established if a person acts purposely.


CREDIT(S)


Enacted 94-2-110 by Laws 1973, ch. 513, § 1; Revised Code of Montana 1947, 94-2-110.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-2-103

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 2. General Principles of Liability

Part 1. Definitions and State of Mind

45-2-103. General requirements of criminal act and mental state


(1) Except for deliberate homicide as defined in 45-5-102(1)(b) or an offense that involves absolute liability, a person is not guilty of an offense unless, with respect to each element described by the statute defining the offense, a person acts while having one of the mental states of knowingly, negligently, or purposely.


(2) In deliberate homicide under 45-5-102(1)(b), the offender must act while having the mental state of purposely or knowingly only as to the underlying felony referred to in 45-5-102(1)(b).


(3) The existence of a mental state may be inferred from the acts of the accused and the facts and circumstances connected with the offense.


(4) If the statute defining an offense prescribes a particular mental state with respect to the offense as a whole without distinguishing among the elements of the offense, the prescribed mental state applies to each element.


(5) Knowledge that certain conduct constitutes an offense or knowledge of the existence, meaning, or application of the statute defining an offense is not an element of the offense unless the statute clearly defines it as an element.


(6) A person's reasonable belief that the person's conduct does not constitute an offense is a defense if:


(a) the offense is defined by an administrative regulation or order that is not known to the person and has not been published or otherwise made reasonably available to the person and if the person could not have acquired the knowledge by the exercise of due diligence pursuant to facts known to the person;


(b) the person acts in reliance upon a statute that later is determined to be invalid;


(c) the person acts in reliance upon an order or opinion of the Montana supreme court or a United States appellate court later overruled or reversed; or


(d) the person acts in reliance upon an official interpretation of the statute, regulation, or order defining the offense made by a public officer or agency legally authorized to interpret the statute.


(7) If a person's reasonable belief is a defense under subsection (6), nevertheless the person may be convicted of an included offense of which the person would be guilty if the law were as the person believed it to be.


(8) A defense based upon this section is an affirmative defense.


CREDIT(S)


Enacted 94-2-103 by Laws 1973, ch. 513, § 1. Amended by Laws 1977, ch. 359, § 11; Revised Code of Montana 1947, 94-2-103; amended by Laws 1979, ch. 580, § 1; amended by Laws 1981, ch. 485, § 5; amended by Laws 1987, ch. 610, § 2; amended by Laws 1995, ch. 354, § 9.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-2-104

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 2. General Principles of Liability

Part 1. Definitions and State of Mind

45-2-104. Absolute liability


A person may be guilty of an offense without having, as to each element of the offense, one of the mental states of knowingly, negligently, or purposely only if the offense is punishable by a fine not exceeding $500 or the statute defining the offense clearly indicates a legislative purpose to impose absolute liability for the conduct described.


CREDIT(S)


Enacted 94-2-104 by Laws 1973, ch. 513, § 1. Amended by Laws 1977, ch. 359, § 12; Revised Code of Montana 1947, 94-2-104; amended by Laws 1981, ch. 485, § 6; amended by Laws 1987, ch. 350, § 1; amended by Laws 1995, ch. 354, § 10.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-2-201

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 2. General Principles of Liability

Part 2. Other Factors Affecting Individual Liability

45-2-201. Causal relationship between conduct and result


(1) Conduct is the cause of a result if:


(a) without the conduct the result would not have occurred; and


(b) any additional causal requirements imposed by the specific statute defining the offense are satisfied.


(2) If purposely or knowingly causing a result is an element of an offense and the result is not within the contemplation or purpose of the offender, either element can nevertheless be established if:


(a) the result differs from that contemplated only in the respect that a different person or different property is affected or that the injury or harm caused is less than contemplated; or


(b) the result involves the same kind of harm or injury as contemplated but the precise harm or injury was different or occurred in a different way, unless the actual result is too remote or accidental to have a bearing on the offender's liability or on the gravity of the offense.


(3) If negligently causing a particular result is an element of an offense and the result is not within the risk of which the offender is aware or should be aware, either element can nevertheless be established if:


(a) the actual result differs from the probable result only in the respect that a different person or different property is affected or that the actual injury or harm is less; or


(b) the actual result involves the same kind of injury or harm as the probable result, unless the actual result is too remote or accidental to have a bearing on the offender's liability or on the gravity of the offense.


CREDIT(S)


Enacted 94-2-105 by Laws 1973, ch. 513, § 1; Revised Code of Montana 1947, 94-2-105.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-2-202

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 2. General Principles of Liability

Part 2. Other Factors Affecting Individual Liability

45-2-202. Voluntary act


A material element of every offense is a voluntary act, which includes an omission to perform a duty that the law imposes on the offender and that the offender is physically capable of performing, except for deliberate homicide under 45-5-102(1)(b) for which there must be a voluntary act only as to the underlying felony. Possession is a voluntary act if the offender knowingly procured or received the thing possessed or was aware of the offender's control of the thing for a sufficient time to have been able to terminate control.


CREDIT(S)


Enacted 94-2-102 by Laws 1973, ch. 513, § 1; Revised Code of Montana 1947, 94-2-102. Amended by Laws 1987, ch. 610, § 3; amended by Laws 2009, ch. 56, § 1635, eff. Oct. 1, 2009.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-2-203

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 2. General Principles of Liability

Part 2. Other Factors Affecting Individual Liability

45-2-203. Responsibility--intoxicated condition


A person who is in an intoxicated condition is criminally responsible for the person's conduct, and an intoxicated condition is not a defense to any offense and may not be taken into consideration in determining the existence of a mental state that is an element of the offense unless the defendant proves that the defendant did not know that it was an intoxicating substance when the defendant consumed, smoked, sniffed, injected, or otherwise ingested the substance causing the condition.


CREDIT(S)


Enacted 94-2-109 by Laws 1973, ch. 513, § 1. Amended by Laws 1974, ch. 329, § 53; Revised Code of Montana 1947, 94-2-109; amended by Laws 1987, ch. 251, § 1; amended by Laws 2009, ch. 56, § 1636, eff. Oct. 1, 2009.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-2-204

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 2. General Principles of Liability

Part 2. Other Factors Affecting Individual Liability

45-2-204. Liability of firefighters


(1) A firewarden, firefighter, or officer or employee of a state or governmental fire agency is not criminally liable for acts or omissions while fighting fires other than acts or omissions committed with demonstrable criminal intent.


(2) For the purposes of this section, “governmental fire agency” means a fire protection entity organized under Title 7, chapter 33.


CREDIT(S)


Enacted by Laws 2007, ch. 464, § 1.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-2-205

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 2. General Principles of Liability

Part 2. Other Factors Affecting Individual Liability

45-2-205 to 45-2-210. Reserved


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-2-210

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 2. General Principles of Liability

Part 2. Other Factors Affecting Individual Liability

45-2-205 to 45-2-210. Reserved


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-2-211

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 2. General Principles of Liability

Part 2. Other Factors Affecting Individual Liability

45-2-211. Consent as a defense


(1) The consent of the victim to conduct charged to constitute an offense or to the result thereof is a defense.


(2) Consent is ineffective if:


(a) it is given by a person who is legally incompetent to authorize the conduct charged to constitute the offense;


(b) it is given by a person who by reason of youth, mental disease or defect, or intoxication is unable to make a reasonable judgment as to the nature or harmfulness of the conduct charged to constitute the offense;


(c) it is induced by force, duress, or deception; or


(d) it is against public policy to permit the conduct or the resulting harm, even though consented to.


CREDIT(S)


Enacted 94-2-111 by Laws 1973, ch. 513, § 1. Amended by Laws 1977, ch. 359, § 13; Revised Code of Montana 1947, 94-2-111.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-2-212

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 2. General Principles of Liability

Part 2. Other Factors Affecting Individual Liability

45-2-212. Compulsion


A person is not guilty of an offense, other than an offense punishable with death, by reason of conduct that the person performs under the compulsion of threat or menace of the imminent infliction of death or serious bodily harm if the person reasonably believes that death or serious bodily harm will be inflicted upon the person if the person does not perform the conduct.


CREDIT(S)


Enacted 94-3-110 by Laws 1973, ch. 513, § 1; Revised Code of Montana 1947, 94-3-110. Amended by Laws 2009, ch. 56, § 1637, eff. Oct. 1, 2009.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-2-213

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 2. General Principles of Liability

Part 2. Other Factors Affecting Individual Liability

45-2-213. Entrapment


A person is not guilty of an offense if the person's conduct is incited or induced by a public servant or a public servant's agent for the purpose of obtaining evidence for the prosecution of the person. However, this section is inapplicable if a public servant or a public servant's agent merely affords to the person the opportunity or facility for committing an offense in furtherance of criminal purpose that the person has originated.


CREDIT(S)


Enacted 94-3-111 by Laws 1973, ch. 513, § 1; Revised Code of Montana 1947, 94-3-111. Amended by Laws 2009, ch. 56, § 1638, eff. Oct. 1, 2009.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-2-301

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 2. General Principles of Liability

Part 3. Liability for Acts Committed by or for Another

45-2-301. Accountability for conduct of another


A person is responsible for conduct that is an element of an offense if the conduct is either that of the person or that of another and the person is legally accountable for the conduct as provided in 45-2-302, or both.


CREDIT(S)


Enacted 94-2-106 by Laws 1973, ch. 513, § 1; Revised Code of Montana 1947, 94-2-106. Amended by Laws 2009, ch. 56, § 1639, eff. Oct. 1, 2009.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-2-302

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 2. General Principles of Liability

Part 3. Liability for Acts Committed by or for Another

45-2-302. When accountability exists


A person is legally accountable for the conduct of another when:


(1) having a mental state described by the statute defining the offense, the person causes another to perform the conduct, regardless of the legal capacity or mental state of the other person;


(2) the statute defining the offense makes the person accountable; or


(3) either before or during the commission of an offense with the purpose to promote or facilitate the commission, the person solicits, aids, abets, agrees, or attempts to aid the other person in the planning or commission of the offense. However, a person is not accountable if:


(a) the person is a victim of the offense committed, unless the statute defining the offense provides otherwise; or


(b) before the commission of the offense, the person terminates the person's effort to promote or facilitate the commission and does one of the following:


(i) wholly deprives the person's prior efforts of effectiveness in the commission;


(ii) gives timely warning to the proper law enforcement authorities; or


(iii) otherwise makes proper effort to prevent the commission of the offense.


CREDIT(S)


Enacted 94-2-107 by Laws 1973, ch. 513, § 1; Revised Code of Montana 1947, 94-2-107. Amended by Laws 2009, ch. 56, § 1640, eff. Oct. 1, 2009.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-2-303

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 2. General Principles of Liability

Part 3. Liability for Acts Committed by or for Another

45-2-303. Separate conviction of person accountable


A person who is legally accountable for the conduct of another that is an element of an offense may be convicted upon proof that the offense was committed and that the person was accountable although the other person claimed to have committed the offense has not been prosecuted or convicted, has been convicted of a different offense, is not amenable to justice, or has been acquitted.


CREDIT(S)


Enacted 94-2-108 by Laws 1973, ch. 513, § 1; Revised Code of Montana 1947, 94-2-108. Amended by Laws 2009, ch. 56, § 1641, eff. Oct. 1, 2009.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-2-304

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 2. General Principles of Liability

Part 3. Liability for Acts Committed by or for Another

45-2-304 to 45-2-310. Reserved


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-2-310

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 2. General Principles of Liability

Part 3. Liability for Acts Committed by or for Another

45-2-304 to 45-2-310. Reserved


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-2-311

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 2. General Principles of Liability

Part 3. Liability for Acts Committed by or for Another

45-2-311. Criminal responsibility of corporations


(1) A corporation may be prosecuted for the commission of an offense only if:


(a) the offense is a misdemeanor, is defined by 45-5-204, 45-6-315, 45-6-317, 45-6-318, 45-6-326, 45-8-113, 45-8-114, 45-8-212, 45-8-214, 82-1-201, or 82-10-104, or is defined by another statute that clearly indicates a legislative purpose to impose liability on a corporation and an agent of the corporation performs the conduct that is an element of the offense while acting within the scope of the agent's office or employment and in behalf of the corporation, except that any limitation in the defining statute concerning the corporation's accountability for certain agents or under certain circumstances is applicable; or


(b) the commission of the offense is authorized, requested, commanded, or performed by the board of directors or by a high managerial agent who is acting within the scope of that agent's employment in behalf of the corporation.


(2) A corporation's proof that the high managerial agent having supervisory responsibility over the conduct that is the subject matter of the offense exercised due diligence to prevent the commission of the offense is a defense to a prosecution for any offense to which subsection (1)(a) refers, other than an offense for which absolute liability is imposed. This subsection is inapplicable if the legislative purpose of the statute defining the offense is inconsistent with the provisions of this subsection.


(3) For the purposes of this section:


(a) “agent” means any director, officer, servant, employee, or other person who is authorized to act in behalf of the corporation;


(b) “high managerial agent” means an officer of the corporation or any other agent who has a position of comparable authority for the formulation of corporate policy or the supervision of subordinate employees in a managerial capacity.


CREDIT(S)


Enacted 94-2-112 by Laws 1973, ch. 513, § 1; Revised Code of Montana 1947, 94-2-112. Amended by Laws 1983, ch. 582, § 2; amended by Laws 1985, ch. 365, § 2; amended by Laws 1997, ch. 42, § 193; amended by Laws 2009, ch. 400, § 3, eff. April 28, 2009.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-2-312

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 2. General Principles of Liability

Part 3. Liability for Acts Committed by or for Another

45-2-312. Accountability for conduct of corporation


(1) A person is legally accountable for conduct that is an element of an offense and that, in the name or in behalf of a corporation, the person performs or causes to be performed to the same extent as if the conduct were performed in the person's own name or behalf.


(2) An individual who has been convicted of an offense by reason of legal accountability for the conduct of a corporation is subject to the punishment authorized by law for an individual upon conviction of the offense although only a lesser or different punishment is authorized for the corporation.


CREDIT(S)


Enacted 94-2-113 by Laws 1973, ch. 513, § 1; Revised Code of Montana 1947, 94-2-113. Amended by Laws 2009, ch. 56, § 1642, eff. Oct. 1, 2009.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-3-101

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 3. Justifiable Use of Force

Part 1. When Force Justified

45-3-101. Definitions


(1) “Force likely to cause death or serious bodily harm” within the meaning of this chapter includes but is not limited to:


(a) the firing of a firearm in the direction of a person, even though no purpose exists to kill or inflict serious bodily harm; and


(b) the firing of a firearm at a vehicle in which a person is riding.


(2) “Forcible felony” means any felony which involves the use or threat of physical force or violence against any individual.


CREDIT(S)


Enacted 94-3-101 by Laws 1973, ch. 513, § 1; Revised Code of Montana 1947, 94-3-101.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-3-102

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 3. Justifiable Use of Force

Part 1. When Force Justified

45-3-102. Use of force in defense of person


A person is justified in the use of force or threat to use force against another when and to the extent that the person reasonably believes that the conduct is necessary for self-defense or the defense of another against the other person's imminent use of unlawful force. However, the person is justified in the use of force likely to cause death or serious bodily harm only if the person reasonably believes that the force is necessary to prevent imminent death or serious bodily harm to the person or another or to prevent the commission of a forcible felony.


CREDIT(S)


Enacted 94-3-102 by Laws 1973, ch. 513, § 1; Revised Code of Montana 1947, 94-3-102. Amended by Laws 2009, ch. 56, § 1643, eff. Oct. 1, 2009.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-3-103

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 3. Justifiable Use of Force

Part 1. When Force Justified

45-3-103. Use of force in defense of occupied structure


(1) A person is justified in the use of force or threat to use force against another when and to the extent that the person reasonably believes that the use of force is necessary to prevent or terminate the other person's unlawful entry into or attack upon an occupied structure.


(2) A person justified in the use of force pursuant to subsection (1) is justified in the use of force likely to cause death or serious bodily harm only if:


(a) the entry is made or attempted and the person reasonably believes that the force is necessary to prevent an assault upon the person or another then in the occupied structure; or


(b) the person reasonably believes that the force is necessary to prevent the commission of a forcible felony in the occupied structure.


CREDIT(S)


Enacted 94-3-103 by Laws 1973, ch. 513, § 1; Revised Code of Montana 1947, 94-3-103. Amended by Laws 2009, ch. 56, § 1644, eff. Oct. 1, 2009; amended by Laws 2009, ch. 332, § 4, eff. April 27, 2009.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-3-104

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 3. Justifiable Use of Force

Part 1. When Force Justified

45-3-104. Use of force in defense of other property


A person is justified in the use of force or threat to use force against another when and to the extent that the person reasonably believes that the conduct is necessary to prevent or terminate the other person's trespass on or other tortious or criminal interference with either real property, other than an occupied structure, or personal property lawfully in the person's possession or in the possession of another who is a member of the person's immediate family or household or of a person whose property the person has a legal duty to protect. However, the person is justified in the use of force likely to cause death or serious bodily harm only if the person reasonably believes that the force is necessary to prevent the commission of a forcible felony.


CREDIT(S)


Enacted 94-3-104 by Laws 1973, ch. 513, § 1; Revised Code of Montana 1947, 94-3-104. Amended by Laws 2009, ch. 56, § 1645, eff. Oct. 1, 2009.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-3-105

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 3. Justifiable Use of Force

Part 1. When Force Justified

45-3-105. Use of force by aggressor


The justification described in 45-3-102 through 45-3-104 is not available to a person who:


(1) is attempting to commit, committing, or escaping after the commission of a forcible felony; or


(2) purposely or knowingly provokes the use of force against the person, unless:


(a) the force is so great that the person reasonably believes that the person is in imminent danger of death or serious bodily harm and that the person has exhausted every reasonable means to escape the danger other than the use of force that is likely to cause death or serious bodily harm to the assailant; or


(b) in good faith, the person withdraws from physical contact with the assailant and indicates clearly to the assailant that the person desires to withdraw and terminate the use of force, but the assailant continues or resumes the use of force.


CREDIT(S)


Enacted 94-3-105 by Laws 1973, ch. 513, § 1; Revised Code of Montana 1947, 94-3-105. Amended by Laws 2009, ch. 56, § 1646, eff. Oct. 1, 2009.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-3-106

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 3. Justifiable Use of Force

Part 1. When Force Justified

45-3-106. Use of force to prevent escape


(1) A peace officer or other person who has an arrested person in custody is justified in the use of force to prevent the escape of the arrested person from custody that the officer or other person would be justified in using if the officer or other person were arresting the person.


(2) A guard or other peace officer is justified in the use of force, including force likely to cause death or serious bodily harm, that the guard or officer reasonably believes to be necessary to prevent the escape from a correctional institution of a person whom the guard or officer reasonably believes to be lawfully detained in the institution under sentence for an offense or awaiting trial or commitment for an offense.


CREDIT(S)


Enacted 94-3-106 by Laws 1973, ch. 513, § 1; Revised Code of Montana 1947, 94-3-106. Amended by Laws 2009, ch. 56, § 1647, eff. Oct. 1, 2009.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-3-107

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 3. Justifiable Use of Force

Part 1. When Force Justified

45-3-107. Use of force by parent, guardian, or teacher


A parent or an authorized agent of a parent or a guardian, master, or teacher is justified in the use of force that is reasonable and necessary to restrain or correct the person's child, ward, apprentice, or pupil.


CREDIT(S)


Enacted 94-3-107 by Laws 1973, ch. 513, § 1; Revised Code of Montana 1947, 94-3-107. Amended by Laws 2009, ch. 56, § 1648, eff. Oct. 1, 2009.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-3-108

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 3. Justifiable Use of Force

Part 1. When Force Justified

45-3-108. Use of force in resisting arrest


A person is not authorized to use force to resist an arrest that the person knows is being made either by a peace officer or by a private person summoned and directed by a peace officer to make the arrest, even if the person believes that the arrest is unlawful and the arrest in fact is unlawful.


CREDIT(S)


Enacted 94-3-108 by Laws 1973, ch. 513, § 1; Revised Code of Montana 1947, 94-3-108. Amended by Laws 2009, ch. 56, § 1649, eff. Oct. 1, 2009.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-3-109

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 3. Justifiable Use of Force

Part 1. When Force Justified

45-3-109. Execution of death sentence


A person who puts a person to death pursuant to a sentence of a court of competent jurisdiction is justified if the person acts in accordance with the sentence pronounced and the law prescribing the procedure for execution of a death sentence.


CREDIT(S)


Enacted 94-3-109 by Laws 1973, ch. 513, § 1; Revised Code of Montana 1947, 94-3-109. Amended by Laws 1983, ch. 411, § 3; amended by Laws 2009, ch. 56, § 1650, eff. Oct. 1, 2009.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-3-110

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 3. Justifiable Use of Force

Part 1. When Force Justified

45-3-110. No duty to summon help or flee


Except as provided in 45-3-105, a person who is lawfully in a place or location and who is threatened with bodily injury or loss of life has no duty to retreat from a threat or summon law enforcement assistance prior to using force. The provisions of this section apply to a person offering evidence of justifiable use of force under 45-3-102, 45-3-103, or 45-3-104.


CREDIT(S)


Enacted by Laws 2009, ch. 332, § 1, eff. April 27, 2009.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-3-111

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 3. Justifiable Use of Force

Part 1. When Force Justified

45-3-111. Openly carrying weapon--display--exemption


(1) Any person who is not otherwise prohibited from doing so by federal or state law may openly carry a weapon and may communicate to another person the fact that the person has a weapon.


(2) If a person reasonably believes that the person or another person is threatened with bodily harm, the person may warn or threaten the use of force, including deadly force, against the aggressor, including drawing or presenting a weapon.


(3) This section does not limit the authority of the board of regents or other postsecondary institutions to regulate the carrying of weapons, as defined in 45-8-361(5)(b), on their campuses.


CREDIT(S)


Enacted by Laws 2009, ch. 332, § 2, eff. April 27, 2009.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-3-112

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 3. Justifiable Use of Force

Part 1. When Force Justified

45-3-112. Investigation of alleged offense involving claim of justifiable use of force


When an investigation is conducted by a peace officer of an incident that appears to have or is alleged to have involved justifiable use of force, the investigation must be conducted so as to disclose all evidence, including testimony concerning the alleged offense and that might support the apparent or alleged justifiable use of force.


CREDIT(S)


Enacted by Laws 2009, ch. 332, § 3, eff. April 27, 2009.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-3-113

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 3. Justifiable Use of Force

Part 1. When Force Justified

45-3-113 and 45-3-114. Reserved


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-3-114

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 3. Justifiable Use of Force

Part 1. When Force Justified

45-3-113 and 45-3-114. Reserved


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-3-115

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 3. Justifiable Use of Force

Part 1. When Force Justified

45-3-115. Affirmative defense


A defense of justifiable use of force based on the provisions of this part is an affirmative defense.


CREDIT(S)


Enacted 94-3-112 by Laws 1973, ch. 513, § 1; Revised Code of Montana 1947, 94-3-112.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA T. 45, Ch. 4, Refs & Annos

West's Montana Code Annotated Currentness

Title 45. Crimes

Chapter 4. Inchoate Offenses


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-4-101

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 4. Inchoate Offenses (Refs & Annos)

Part 1. Enumeration of Offenses and Extent of Liability

45-4-101. Solicitation


(1) A person commits the offense of solicitation when, with the purpose that an offense be committed, the person commands, encourages, or facilitates the commission of that offense.


(2) A person convicted of solicitation shall be punished not to exceed the maximum provided for the offense solicited.


CREDIT(S)


Enacted 94-4-101 by Laws 1973, ch. 513, § 1; Revised Code of Montana 1947, 94-4-101. Amended by Laws 2009, ch. 56, § 1651, eff. Oct. 1, 2009.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-4-102

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 4. Inchoate Offenses (Refs & Annos)

Part 1. Enumeration of Offenses and Extent of Liability

45-4-102. Conspiracy


(1) A person commits the offense of conspiracy when, with the purpose that an offense be committed, the person agrees with another to the commission of that offense. A person may not be convicted of conspiracy to commit an offense unless an act in furtherance of the agreement has been committed by the person or by a coconspirator.


(2) It is not a defense to conspiracy that the person or persons with whom the accused has conspired:


(a) has not been prosecuted or convicted;


(b) has been convicted of a different offense;


(c) is not amenable to justice;


(d) has been acquitted; or


(e) lacked the capacity to commit the offense.


(3) A person convicted of the offense of conspiracy shall be punished not to exceed the maximum sentence provided for the offense that is the object of the conspiracy.


CREDIT(S)


Enacted 94-4-102 by Laws 1973, ch. 513, § 1; Revised Code of Montana 1947, 94-4-102. Amended by Laws 2009, ch. 56, § 1652, eff. Oct. 1, 2009.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-4-103

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 4. Inchoate Offenses (Refs & Annos)

Part 1. Enumeration of Offenses and Extent of Liability

45-4-103. Attempt


(1) A person commits the offense of attempt when, with the purpose to commit a specific offense, the person does any act toward the commission of the offense.


(2) It is not a defense to a charge of attempt that because of a misapprehension of the circumstances, it would have been impossible for the accused to commit the offense attempted.


(3) A person convicted of the offense of attempt shall be punished not to exceed the maximum provided for the offense attempted.


(4) A person is not liable under this section if, under circumstances manifesting a voluntary and complete renunciation of criminal purpose, the person avoided the commission of the offense attempted by abandoning the person's criminal effort.


(5) Proof of the completed offense does not bar conviction for the attempt.


CREDIT(S)


Enacted 94-4-103 by Laws 1973, ch. 513, § 1; Revised Code of Montana 1947, 94-4-103. Amended by Laws 2009, ch. 56, § 1653, eff. Oct. 1, 2009.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-5-101

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 5. Offenses Against the Person

Part 1. Homicide

45-5-101. Repealed by Laws 1987, ch. 610, § 11


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-5-102

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 5. Offenses Against the Person

Part 1. Homicide

45-5-102. Deliberate homicide


(1) A person commits the offense of deliberate homicide if:


(a) the person purposely or knowingly causes the death of another human being; or


(b) the person attempts to commit, commits, or is legally accountable for the attempt or commission of robbery, sexual intercourse without consent, arson, burglary, kidnapping, aggravated kidnapping, felonious escape, assault with a weapon, aggravated assault, or any other forcible felony and in the course of the forcible felony or flight thereafter, the person or any person legally accountable for the crime causes the death of another human being.


(2) A person convicted of the offense of deliberate homicide shall be punished by death as provided in 46-18-301 through 46-18-310, unless the person is less than 18 years of age at the time of the commission of the offense, by life imprisonment, or by imprisonment in the state prison for a term of not less than 10 years or more than 100 years, except as provided in 46-18-219 and 46-18-222.


CREDIT(S)


Enacted 94-5-102 by Laws 1973, ch. 513, § 1. Amended by Laws 1977, ch. 338, § 11; amended by Laws 1977, ch. 584, § 4; Revised Code of Montana 1947, 94-5-102; amended by Laws 1979, ch. 322, § 1; amended by Laws 1987, ch. 322, § 1; amended by Laws 1987, ch. 610, § 4; amended by Laws 1995, ch. 482, § 2; amended by Laws 1999, ch. 432, § 3; amended by Laws 1999, ch. 523, § 3.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-5-103

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 5. Offenses Against the Person

Part 1. Homicide

45-5-103. Mitigated deliberate homicide


(1) A person commits the offense of mitigated deliberate homicide when the person purposely or knowingly causes the death of another human being but does so under the influence of extreme mental or emotional stress for which there is reasonable explanation or excuse. The reasonableness of the explanation or excuse must be determined from the viewpoint of a reasonable person in the actor's situation.


(2) Mitigated deliberate homicide is a lesser included offense of deliberate homicide as defined in 45-5-102(1)(a), but is not a lesser included offense of deliberate homicide as defined in 45-5-102(1)(b).


(3) Mitigating circumstances that reduce deliberate homicide to mitigated deliberate homicide are not an element of the reduced crime that the state is required to prove or an affirmative defense that the defendant is required to prove. Neither party has the burden of proof as to mitigating circumstances, but either party may present evidence of mitigation.


(4) A person convicted of mitigated deliberate homicide shall be imprisoned in the state prison for a term of not less than 2 years or more than 40 years and may be fined not more than $50,000, except as provided in 46-18-219 and 46-18-222.


CREDIT(S)


Enacted 94-5-103 by Laws 1973, ch. 513, § 1. Amended by Laws 1977, ch. 584, § 5; Revised Code of Montana 1947, 94-5-103; amended by Laws 1981, ch. 198, § 7; amended by Laws 1987, ch. 610, § 5; amended by Laws 1995, ch. 482, § 3; amended by Laws 2003, ch. 22, § 1.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-5-104

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 5. Offenses Against the Person

Part 1. Homicide

45-5-104. Negligent homicide


(1) A person commits the offense of negligent homicide if the person negligently causes the death of another human being.


(2) Negligent homicide is not an included offense of deliberate homicide as defined in 45-5-102(1)(b).


(3) A person convicted of negligent homicide shall be imprisoned in the state prison for any term not to exceed 20 years or be fined an amount not to exceed $50,000, or both.


CREDIT(S)


Enacted 94-5-104 by Laws 1973, ch. 513, § 1; Revised Code of Montana 1947, 94-5-104. Amended by Laws 1981, ch. 198, § 7; amended by Laws 1987, ch. 610, § 6; amended by Laws 1999, ch. 381, § 1.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-5-105

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 5. Offenses Against the Person

Part 1. Homicide

45-5-105. Aiding or soliciting suicide


(1) A person who purposely aids or solicits another to commit suicide, but such suicide does not occur, commits the offense of aiding or soliciting suicide.


(2) A person convicted of the offense of aiding or soliciting a suicide shall be imprisoned in the state prison for any term not to exceed 10 years or be fined an amount not to exceed $50,000, or both.


CREDIT(S)


Enacted 94-5-106 by Laws 1973, ch. 513, § 1; Revised Code of Montana 1947, 94-5-106. Amended by Laws 1981, ch. 198, § 7.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-5-106

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 5. Offenses Against the Person

Part 1. Homicide

45-5-106. Vehicular homicide while under influence


(1) A person commits the offense of vehicular homicide while under the influence if the person negligently causes the death of another human being while the person is operating a vehicle in violation of 61-8-401 or 61-8-406.


(2) Vehicular homicide while under the influence is not an included offense of deliberate homicide as described in 45-5-102(1)(b).


(3) A person convicted of vehicular homicide while under the influence shall be imprisoned in a state prison for a term not to exceed 30 years or be fined an amount not to exceed $50,000, or both. Imposition of a sentence may not be deferred.


CREDIT(S)


Enacted by Laws 2005, ch. 426, § 1.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-5-107

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 5. Offenses Against the Person

Part 1. Homicide

45-5-107 to 45-5-110. Reserved


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-5-110

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 5. Offenses Against the Person

Part 1. Homicide

45-5-107 to 45-5-110. Reserved


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-5-111

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 5. Offenses Against the Person

Part 1. Homicide

45-5-111. Extrajudicial confession--evidence of death


In a homicide trial, before an extrajudicial confession may be admitted into evidence, the state must introduce independent evidence tending to establish the death and the fact that the death was caused by a criminal agency.


CREDIT(S)


Enacted 95-3004 by Laws 1973, ch. 513, § 12. Amended by Laws 1977, ch. 184, § 49; Revised Code of Montana 1947, 95-3004; MCA 1981, 46-16-203(1); redesignated 45-5-111 by Code Commissioner, 1983.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-5-112

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 5. Offenses Against the Person

Part 1. Homicide

45-5-112. Inference of mental state


In a deliberate homicide, knowledge or purpose may be inferred from the fact that the accused committed a homicide and no circumstances of mitigation, excuse, or justification appear.


CREDIT(S)


Enacted 95-3004 by Laws 1973, ch. 513, § 12. Amended by Laws 1977, ch. 184, § 49; Revised Code of Montana 1947, 95-3004; MCA 1981, 46-16-203(2); redesignated 45-5-112 by Code Commissioner, 1983.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-5-201

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 5. Offenses Against the Person

Part 2. Assault and Related Offenses

45-5-201. Assault


(1) A person commits the offense of assault if the person:


(a) purposely or knowingly causes bodily injury to another;


(b) negligently causes bodily injury to another with a weapon;


(c) purposely or knowingly makes physical contact of an insulting or provoking nature with any individual; or


(d) purposely or knowingly causes reasonable apprehension of bodily injury in another.


(2) A person convicted of assault shall be fined not to exceed $500 or be imprisoned in the county jail for any term not to exceed 6 months, or both.


CREDIT(S)


Enacted 94-5-201 by Laws 1973, ch. 513, § 1; Revised Code of Montana 1947, 94-5-201. Amended by Laws 1979, ch. 261, § 1; amended by Laws 1981, ch. 198, § 7; amended by Laws 1991, ch. 188, § 1; amended by Laws 1999, ch. 432, § 4.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-5-202

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 5. Offenses Against the Person

Part 2. Assault and Related Offenses

45-5-202. Aggravated assault


(1) A person commits the offense of aggravated assault if the person purposely or knowingly causes serious bodily injury to another or purposely or knowingly, with the use of physical force or contact, causes reasonable apprehension of serious bodily injury or death in another.


(2) A person convicted of aggravated assault shall be imprisoned in the state prison for a term not to exceed 20 years and may be fined not more than $50,000, except as provided in 46-18-219 and 46-18-222.


CREDIT(S)


Enacted 94-5-202 by Laws 1973, ch. 513, § 1. Amended by Laws 1977, ch. 584, § 6; Revised Code of Montana 1947, 94-5-202; amended by Laws 1981, ch. 198, § 7; amended by Laws 1981, ch. 289, § 1; amended by Laws 1985, ch. 163, § 1; amended by Laws 1995, ch. 482, § 4; amended by Laws 1997, ch. 245, § 1; amended by Laws 1997, ch. 433, § 2; amended by Laws 1999, ch. 432, § 6; amended by Laws 2007, ch. 472, § 1.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-5-203

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 5. Offenses Against the Person

Part 2. Assault and Related Offenses

45-5-203. Intimidation


(1) A person commits the offense of intimidation when, with the purpose to cause another to perform or to omit the performance of any act, the person communicates to another, under circumstances that reasonably tend to produce a fear that it will be carried out, a threat to perform without lawful authority any of the following acts:


(a) inflict physical harm on the person threatened or any other person;


(b) subject any person to physical confinement or restraint; or


(c) commit any felony.


(2) A person commits the offense of intimidation if the person knowingly communicates a threat or false report of a pending fire, explosion, or disaster that would endanger life or property.


(3) A person convicted of the offense of intimidation shall be imprisoned in the state prison for any term not to exceed 10 years or be fined an amount not to exceed $50,000, or both.


CREDIT(S)


Enacted 94-5-203 by Laws 1973, ch. 513, § 1; Revised Code of Montana 1947, 94-5-203. Amended by Laws 1981, ch. 198, § 7; amended by Laws 1985, ch. 268, § 1; amended by Laws 2009, ch. 56, § 1654, eff. Oct. 1, 2009.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-5-204

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 5. Offenses Against the Person

Part 2. Assault and Related Offenses

45-5-204. Mistreating prisoners


(1) A person commits the offense of mistreating prisoners if, being responsible for the care or custody of a prisoner, the person purposely or knowingly:


(a) assaults or otherwise injures a prisoner;


(b) intimidates, threatens, endangers, or withholds reasonable necessities from the prisoner with the purpose to obtain a confession from the prisoner or for any other purpose; or


(c) violates any civil right of a prisoner.


(2) A person convicted of the offense of mistreating prisoners shall be removed from office or employment and shall be imprisoned in the state prison for a term not to exceed 10 years or be fined an amount not to exceed $50,000, or both.


CREDIT(S)


Enacted 94-8-113 by Laws 1973, ch. 513, § 1; Revised Code of Montana 1947, 94-8-113. Amended by Laws 1981, ch. 198, § 7; amended by Laws 2009, ch. 56, § 1655, eff. Oct. 1, 2009.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-5-205

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 5. Offenses Against the Person

Part 2. Assault and Related Offenses

45-5-205. Negligent vehicular assault--penalty


(1) A person who negligently operates a vehicle, other than a bicycle as defined in 61-8-102, while under the influence of alcohol, a dangerous drug, any other drug, or any combination of the three, as provided for in 61-8-401(1), and who causes bodily injury to another commits the offense of negligent vehicular assault.


(2) Subject to subsection (3), a person convicted of the offense of negligent vehicular assault shall be fined an amount not to exceed $1,000 or incarcerated in a county jail for a term not to exceed 1 year, or both, and shall be ordered to pay restitution as provided in 46-18-241.


(3) A person convicted of the offense of negligent vehicular assault who caused serious bodily injury to another shall be fined an amount not to exceed $10,000 or incarcerated for a term not to exceed 10 years, or both, and shall be ordered to pay restitution as provided in 46-18-241.


(4) If a term of incarceration is imposed under subsection (2) or (3), the judge may suspend the term of incarceration upon the condition of payment of any fine imposed and of restitution. If the person does not pay the fine or restitution, the term of incarceration may be imposed.


CREDIT(S)


Enacted by Laws 1985, ch. 93, § 1. Amended by Laws 1987, ch. 196, § 1; amended by Laws 1991, ch. 789, § 14; amended by Laws 1997, ch. 317, § 1; amended by Laws 2001, ch. 17, § 1; amended by Laws 2001, ch. 563, § 1; amended by Laws 2005, ch. 542, § 40.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-5-206

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 5. Offenses Against the Person

Part 2. Assault and Related Offenses

45-5-206. Partner or family member assault--penalty


(1) A person commits the offense of partner or family member assault if the person:


(a) purposely or knowingly causes bodily injury to a partner or family member;


(b) negligently causes bodily injury to a partner or family member with a weapon; or


(c) purposely or knowingly causes reasonable apprehension of bodily injury in a partner or family member.


(2) For the purposes of Title 40, chapter 15, 45-5-231 through 45-5-234, 46-6-311, and this section, the following definitions apply:


(a) “Family member” means mothers, fathers, children, brothers, sisters, and other past or present family members of a household. These relationships include relationships created by adoption and remarriage, including stepchildren, stepparents, in-laws, and adoptive children and parents. These relationships continue regardless of the ages of the parties and whether the parties reside in the same household.


(b) “Partners” means spouses, former spouses, persons who have a child in common, and persons who have been or are currently in a dating or ongoing intimate relationship.


(3)(a)(i) An offender convicted of partner or family member assault shall be fined an amount not less than $100 or more than $1,000 and be imprisoned in the county jail for a term not to exceed 1 year or not less than 24 hours for a first offense.


(ii) An offender convicted of a second offense under this section shall be fined not less than $300 or more than $1,000 and be imprisoned in the county jail not less than 72 hours or more than 1 year.


(iii) Upon a first or second conviction, the offender may be ordered into misdemeanor probation as provided in 46-23-1005.


(iv) On a third or subsequent conviction for partner or family member assault, the offender shall be fined not less than $500 and not more than $50,000 and be imprisoned for a term not less than 30 days and not more than 5 years. If the term of imprisonment does not exceed 1 year, the person shall be imprisoned in the county jail. If the term of imprisonment exceeds 1 year, the person shall be imprisoned in the state prison.


(v) If the offense was committed within the vision or hearing of a minor, the judge shall consider the minor's presence as a factor at the time of sentencing.


(b) For the purpose of determining the number of convictions under this section, a conviction means:


(i) a conviction, as defined in 45-2-101, under this section;


(ii) a conviction for domestic abuse under this section;


(iii) a conviction for a violation of a statute similar to this section in another state;


(iv) if the offender was a partner or family member of the victim, a conviction for aggravated assault under 45-5-202 or assault with a weapon under 45-5-213;


(v) a conviction in another state for an offense related to domestic violence between partners or family members, as those terms are defined in this section, regardless of what the offense is named or whether it is misdemeanor or felony, if the offense involves conduct similar to conduct that is prohibited under 45-5-202, 45-5-213, or this section; or


(vi) a forfeiture of bail or collateral deposited to secure the defendant's appearance in court in this state or in another state for a violation of a statute similar to this section, which forfeiture has not been vacated.


(4)(a) An offender convicted of partner or family member assault is required to pay for and complete a counseling assessment with a focus on violence, controlling behavior, dangerousness, and chemical dependency. An investigative criminal justice report, as defined in 45-5-231, must be copied and sent to the offender intervention program, as defined in 45-5-231, to assist the counseling provider in properly assessing the offender's need for counseling and treatment. Counseling providers shall take all required precautions to ensure the confidentiality of the report. If the report contains confidential information relating to the victim's location or not related to the charged offense, that information must be deleted from the report prior to being sent to the offender intervention program.


(b) The offender shall complete all recommendations for counseling, referrals, attendance at psychoeducational groups, or treatment, including any indicated chemical dependency treatment, made by the counseling provider. The counseling provider must be approved by the court. The counseling must include a preliminary assessment for counseling, as defined in 45-5-231. The offender shall complete a minimum of 40 hours of counseling. The counseling may include attendance at psychoeducational groups, as defined in 45-5-231, in addition to the assessment. The preliminary assessment and counseling that holds the offender accountable for the offender's violent or controlling behavior must be:


(i) with a person licensed under Title 37, chapter 17, 22, or 23;


(ii) with a professional person as defined in 53-21-102; or


(iii) in a specialized domestic violence intervention program.


(c) The minimum counseling and attendance at psychoeducational groups provided in subsection (4)(b) must be directed to the violent or controlling conduct of the offender. Other issues indicated by the assessment may be addressed in additional counseling beyond the minimum 40 hours. Subsection (4)(b) does not prohibit the placement of the offender in other appropriate treatment if the court determines that there is no available treatment program directed to the violent or controlling conduct of the offender.


(5) In addition to any sentence imposed under subsections (3) and (4), after determining the financial resources and future ability of the offender to pay restitution as provided for in 46-18-242, the court shall require the offender, if able, to pay the victim's reasonable actual medical, housing, wage loss, and counseling costs.


(6) In addition to the requirements of subsection (5), if financially able, the offender must be ordered to pay for the costs of the offender's probation, if probation is ordered by the court.


(7) The court may prohibit an offender convicted under this section from possession or use of the firearm used in the assault. The court may enforce 45-8-323 if a firearm was used in the assault.


(8) The court shall provide an offender with a written copy of the offender's sentence at the time of sentencing or within 2 weeks of sentencing if the copy is sent electronically or by mail.


CREDIT(S)


Enacted by Laws 1985, ch. 700, § 1. Amended by Laws 1989, ch. 480, § 1; amended by Laws 1991, ch. 800, § 257; amended by Laws 1993, ch. 425, § 2; amended by Laws 1995, ch. 18, § 51; amended by Laws 1995, ch. 350, § 10; amended by Laws 1997, ch. 245, § 2; amended by Laws 1997, ch. 484, § 5; amended by Laws 1999, ch. 432, § 8; amended by Laws 2001, ch. 503, § 6; amended by Laws 2003, ch. 438, § 1; amended by Laws 2013, ch. 161, § 1, eff. April 5, 2013; amended by Laws 2013, ch. 228, § 1, eff. April 18, 2013.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-5-207

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 5. Offenses Against the Person

Part 2. Assault and Related Offenses

45-5-207. Criminal endangerment--penalty


(1) A person who knowingly engages in conduct that creates a substantial risk of death or serious bodily injury to another commits the offense of criminal endangerment. This conduct includes but is not limited to knowingly placing in a tree, log, or any other wood any steel, iron, ceramic, or other substance for the purpose of damaging a saw or other wood harvesting, processing, or manufacturing equipment.


(2) A person convicted of the offense of criminal endangerment shall be fined an amount not to exceed $50,000 or imprisoned in the state prison for a term not to exceed 10 years, or both.


CREDIT(S)


Enacted by Laws 1987, ch. 196, § 2. Amended by Laws 1989, ch. 299, § 1.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-5-208

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 5. Offenses Against the Person

Part 2. Assault and Related Offenses

45-5-208. Negligent endangerment--penalty


(1) A person who negligently engages in conduct that creates a substantial risk of death or serious bodily injury to another commits the offense of negligent endangerment.


(2) A person convicted of the offense of negligent endangerment shall be fined an amount not to exceed $1,000 or imprisoned in the county jail for a term not to exceed 1 year, or both.


CREDIT(S)


Enacted by Laws 1987, ch. 196, § 3.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-5-209

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 5. Offenses Against the Person

Part 2. Assault and Related Offenses

45-5-209. Partner or family member assault--no contact order--notice--violation of order--penalty


(1) A court may issue a standing no contact order and direct law enforcement to serve the order on all defendants charged with a violation of 45-5-206. The court order may specify conditions necessary to enhance the safety of any protected person. The court-ordered conditions may include prohibiting the defendant from contacting the protected person in person, by a third party, by telephone, by electronic communication, as defined in 45-8-213, and in writing. The court may impose up to a 1,500-foot restriction on the defendant to stay away from the protected person's location.


(2) Notice of the no contact order must be given orally and in writing by a peace officer at the time that the offender is charged with a violation of 45-5-206. One copy of the order must be given to the defendant, and one copy must be filed with the court.


(3) The charge of a violation of 45-5-206 must be supported by a peace officer's affidavit of probable cause.


(4) The no contact order issued at the time that the defendant is charged with a violation of 45-5-206 is effective for 72 hours or until the defendant makes the first appearance in court.


(5) The court order must state:


“You have been charged with an assault on a partner or family member. You are not allowed to have contact with ____ (list names). You may not ____. Violation of this no contact order is a criminal offense under 45-5-209, MCA, and may result in your arrest. You may be arrested even if the person protected by the no contact order invites or allows you to violate the prohibitions. This order lasts 72 hours or until the court continues or changes the order.”


(6) The court shall review and amend, if appropriate, the no contact order at the defendant's first appearance.


(7) A no contact order may be issued by a court with jurisdiction over violations of 45-5-206 at the time of the defendant's arraignment or at any other appearance of the defendant, including sentencing. The no contact order must be in writing. A copy of the no contact order must be given to the defendant when it is issued by the court. The court order shall specify protected persons and prohibited contact, including but not limited to the restriction mentioned in subsection (1).


(8)(a) A person commits the offense of violation of a no contact order if the person, with knowledge of the order, purposely or knowingly violates any provision of any order issued under this section.


(b) Each contact or attempt to make contact with each protected person, directly or indirectly, is a separate offense. Consent of the protected person to prohibited contact is not a defense. A protected person may not be charged with a violation of a no contact order.


(c) An offender convicted of violation of a no contact order shall be fined an amount not to exceed $500 or be imprisoned in the county jail for a term not to exceed 6 months, or both.


(9) As used in this section, the following definitions apply:


(a) “No contact order” means a court order that prohibits a defendant charged with or convicted of an assault on a partner or family member from contacting a protected person.


(b) “Partner” or “family member” has the meaning provided in 45-5-206.


(c) “Protected person” means a victim of a partner or family member assault listed in a no contact order.


CREDIT(S)


Enacted by Laws 2005, ch. 411, § 1. Amended by Laws 2007, ch. 44, § 47.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-5-210

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 5. Offenses Against the Person

Part 2. Assault and Related Offenses

45-5-210. Assault on peace officer or judicial officer


(1) A person commits the offense of assault on a peace officer or judicial officer if the person purposely or knowingly causes:


(a) bodily injury to a peace officer or judicial officer;


(b) reasonable apprehension of serious bodily injury in a peace officer or judicial officer by use of a weapon;


(c) bodily injury to a peace officer or judicial officer with a weapon; or


(d) serious bodily injury to a peace officer or judicial officer.


(2)(a) A person convicted of assault on a peace officer or judicial officer under subsection (1)(a), (1)(b), or (1)(c) shall be imprisoned in the state prison for a term of not less than 2 years or more than 10 years and may be fined an amount not to exceed $50,000.


(b) Except as provided in 46-18-222, a person convicted of assault on a peace officer or judicial officer under subsection (1)(d) shall be fined an amount not to exceed $50,000 or be imprisoned in the state prison for a term of not less than 5 years or more than 20 years, or both.


(3) As used in this section, the following definitions apply:


(a) “Judicial officer” has the meaning provided in 1-1-202 and includes the workers' compensation judge, water court judges, and judges pro tempore.


(b) “Peace officer” has the meaning provided in 45-2-101 and includes a person, sworn or unsworn, who is responsible for the care or custody of an adult or youth offender.


(4) Criminal endangerment, negligent endangerment, and assault, as defined in 45-5-201, are not included as offenses of assault on a peace officer or judicial officer.


CREDIT(S)


Enacted by Laws 1997, ch. 433, § 1.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-5-211

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 5. Offenses Against the Person

Part 2. Assault and Related Offenses

45-5-211. Assault upon sports official


(1) A person commits the offense of assault upon a sports official if, while a sports official is acting as an official at an athletic contest in any sport at any level of amateur or professional competition, the person:


(a) purposely or knowingly causes bodily injury to the sports official;


(b) negligently causes bodily injury to the sports official with a weapon;


(c) purposely or knowingly makes physical contact of an insulting or provoking nature with the sports official; or


(d) purposely or knowingly causes reasonable apprehension of bodily injury in the sports official.


(2) A person convicted of assault upon a sports official shall be fined an amount not to exceed $1,000 or be imprisoned in the county jail for any term not to exceed 6 months, or both.


CREDIT(S)


Enacted by Laws 1993, ch. 408, § 1.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-5-212

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 5. Offenses Against the Person

Part 2. Assault and Related Offenses

45-5-212. Assault on minor


(1) A person commits the offense of assault on a minor if the person commits an offense under 45-5-201, and at the time of the offense, the victim is under 14 years of age and the offender is 18 years of age or older.


(2) A person convicted of assault on a minor shall be imprisoned in a state prison for a term not to exceed 5 years or be fined not more than $50,000, or both.


CREDIT(S)


Enacted by Laws 1999, ch. 432, § 5.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-5-213

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 5. Offenses Against the Person

Part 2. Assault and Related Offenses

45-5-213. Assault with weapon


(1) A person commits the offense of assault with a weapon if the person purposely or knowingly causes:


(a) bodily injury to another with a weapon; or


(b) reasonable apprehension of serious bodily injury in another by use of a weapon or what reasonably appears to be a weapon.


(2)(a) Subject to the provisions of subsection (2)(b), a person convicted of assault with a weapon shall be imprisoned in the state prison for a term not to exceed 20 years or be fined not more than $50,000, or both.


(b) In addition to any sentence imposed under subsection (2)(a), if the person convicted of assault with a weapon is a partner or family member of the victim, as defined in 45-5-206, the person is required to pay for and complete a counseling assessment as required in 45-5-206(4).


CREDIT(S)


Enacted by Laws 1999, ch. 432, § 7.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-5-214

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 5. Offenses Against the Person

Part 2. Assault and Related Offenses

45-5-214. Assault with bodily fluid


(1) A person commits the offense of assault with a bodily fluid if the person purposely causes one of the person's bodily fluids to make physical contact with:


(a) a law enforcement officer, a staff person of a correctional or detention facility, or a health care provider, as defined in 50-4-504, including a health care provider performing emergency services, while the health care provider is acting in the course and scope of the health care provider's profession and occupation:


(i) during or after an arrest for a criminal offense;


(ii) while the person is incarcerated in or being transported to or from a state prison, a county, city, or regional jail or detention facility, or a health care facility; or


(iii) if the person is a minor, while the youth is detained in or being transported to or from a county, city, or regional jail or detention facility or a youth detention facility, secure detention facility, regional detention facility, short-term detention center, state youth correctional facility, health care facility, or shelter care facility; or


(b) an emergency responder.


(2) A person convicted of the offense of assault with a bodily fluid shall be fined an amount not to exceed $1,000 or incarcerated in a county jail or a state prison for a term not to exceed 1 year, or both.


(3) The youth court has jurisdiction of any violation of this section by a minor, unless the charge is filed in district court, in which case the district court has jurisdiction.


(4) As used in this section, the following definitions apply:


(a) “Bodily fluid” means any bodily secretion, including but not limited to feces, urine, blood, and saliva.


(b) “Emergency responder” means a licensed medical services provider, law enforcement officer, firefighter, volunteer firefighter or officer of a nonprofit volunteer fire company, emergency medical technician, emergency nurse, ambulance operator, provider of civil defense services, or any other person who in good faith renders emergency care or assistance at a crime scene or the scene of an emergency or accident.


CREDIT(S)


Enacted by Laws 1999, ch. 388, § 1. Amended by Laws 2005, ch. 292, § 1.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-5-215

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 5. Offenses Against the Person

Part 2. Assault and Related Offenses

45-5-215 to 45-5-219. Reserved


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-5-219

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 5. Offenses Against the Person

Part 2. Assault and Related Offenses

45-5-215 to 45-5-219. Reserved


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-5-220

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 5. Offenses Against the Person

Part 2. Assault and Related Offenses

45-5-220. Stalking--exemption--penalty


(1) A person commits the offense of stalking if the person purposely or knowingly causes another person substantial emotional distress or reasonable apprehension of bodily injury or death by repeatedly:


(a) following the stalked person; or


(b) harassing, threatening, or intimidating the stalked person, in person or by mail, electronic communication, as defined in 45-8-213, or any other action, device, or method.


(2) This section does not apply to a constitutionally protected activity.


(3) For the first offense, a person convicted of stalking shall be imprisoned in the county jail for a term not to exceed 1 year or fined an amount not to exceed $1,000, or both. For a second or subsequent offense or for a first offense against a victim who was under the protection of a restraining order directed at the offender, the offender shall be imprisoned in the state prison for a term not to exceed 5 years or fined an amount not to exceed $10,000, or both. A person convicted of stalking may be sentenced to pay all medical, counseling, and other costs incurred by or on behalf of the victim as a result of the offense.


(4) Upon presentation of credible evidence of violation of this section, an order may be granted, as set forth in Title 40, chapter 15, restraining a person from engaging in the activity described in subsection (1).


(5) For the purpose of determining the number of convictions under this section, “conviction” means:


(a) a conviction, as defined in 45-2-101, in this state;


(b) a conviction for a violation of a statute similar to this section in another state; or


(c) a forfeiture of bail or collateral deposited to secure the defendant's appearance in court in this state or another state for a violation of a statute similar to this section, which forfeiture has not been vacated.


(6) Attempts by the accused person to contact or follow the stalked person after the accused person has been given actual notice that the stalked person does not want to be contacted or followed constitutes prima facie evidence that the accused person purposely or knowingly followed, harassed, threatened, or intimidated the stalked person.


CREDIT(S)


Enacted by Laws 1993, ch. 292, § 1. Amended by Laws 1995, ch. 350, § 11; amended by Laws 2003, ch. 344, § 1.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-5-221

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 5. Offenses Against the Person

Part 2. Assault and Related Offenses

45-5-221. Malicious intimidation or harassment relating to civil or human rights--penalty


(1) A person commits the offense of malicious intimidation or harassment when, because of another person's race, creed, religion, color, national origin, or involvement in civil rights or human rights activities, the person purposely or knowingly, with the intent to terrify, intimidate, threaten, harass, annoy, or offend:


(a) causes bodily injury to another;


(b) causes reasonable apprehension of bodily injury in another; or


(c) damages, destroys, or defaces any property of another or any public property.


(2) For purposes of this section, “deface” includes but is not limited to cross burning or the placing of any word or symbol commonly associated with racial, religious, or ethnic identity or activities on the property of another person without the other person's permission.


(3) A person convicted of the offense of malicious intimidation or harassment shall be imprisoned in the state prison for a term not to exceed 5 years or be fined an amount not to exceed $5,000, or both.


CREDIT(S)


Enacted by Laws 1989, ch. 570, §§ 1, 2. Amended by Laws 2009, ch. 56, § 1656, eff. Oct. 1, 2009.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-5-222

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 5. Offenses Against the Person

Part 2. Assault and Related Offenses

45-5-222. Sentence enhancement--offenses committed because of victim's race, creed, religion, color, national origin, or involvement in civil rights or human rights activities


(1) A person who has pleaded guilty or nolo contendere to or who has been found guilty of any offense, except malicious intimidation or harassment, that was committed because of the victim's race, creed, religion, color, national origin, or involvement in civil rights or human rights activities or that involved damage, destruction, or attempted destruction of a building regularly used for religious worship, in addition to the punishment provided for commission of the offense, may, if the provisions of 46-1-401 have been complied with, be sentenced to a term of imprisonment of not less than 2 years or more than 10 years, except as provided in 46-18-222.


(2) An additional sentence prescribed by subsection (1) must run consecutively to the sentence, except as provided in 46-18-222.


CREDIT(S)


Enacted by Laws 1989, ch. 570, § 3. Amended by Laws 1999, ch. 395, § 3; amended by Laws 2001, ch. 524, § 2.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-5-223

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 5. Offenses Against the Person

Part 2. Assault and Related Offenses

45-5-223. Surreptitious visual observation or recordation--place of residence--public establishment--exceptions


(1) A person commits the offense of surreptitious visual observation or recordation in a place of residence if a person purposely or knowingly hides, waits, or otherwise loiters in the vicinity of a private dwelling house, apartment, or other place of residence for the purpose of:


(a) watching, gazing at, or looking upon any occupant in the residence in a surreptitious manner; or


(b) by means of an electronic or mechanical recording device, surreptitiously recording the visual image of any occupant in the residence.


(2) An owner, manager, or employee of a business or a landlord who knowingly surreptitiously records a visual image of a person in a restroom, washroom, shower, bedroom, fitting room, or other room used by a customer, guest, tenant, or member of the public to, with a reasonable expectation of privacy, change or try on clothes, bathe, perform intimate bodily functions, or appear nude or partially nude or in underclothes commits the offense of surreptitious visual recordation in a public establishment.


(3) Subsections (1) and (2) do not apply to a law enforcement officer, an agent or employee of an insurer, or a private investigator licensed pursuant to 37-60-301 or to any person engaged in fraud detection, prevention, or prosecution pursuant to 2-15-2015 or 39-71-211 while the officer, agent, employee, or private investigator is acting in the course and scope of employment for legitimate investigative purposes.


(4)(a) A person convicted of the offense of surreptitious visual observation or recordation in a place of residence shall be fined an amount not to exceed $500 or be incarcerated in the county jail for a term not to exceed 6 months, or both. Upon a second conviction, a person shall be fined an amount not to exceed $1,000 or be incarcerated for a term not to exceed 1 year, or both. Upon a third or subsequent conviction, a person shall be fined an amount not to exceed $10,000 or be incarcerated for a term not to exceed 5 years, or both.


(b) A person convicted of the offense of surreptitious visual recordation in a public establishment shall be fined an amount not to exceed $1,000 or incarcerated for a term not to exceed 6 months, or both, if the victim was an adult and shall be fined an amount not to exceed $5,000 or incarcerated for a term not to exceed 2 years, or both, if the victim was a minor.


CREDIT(S)


Enacted by Laws 1997, ch. 62, § 1. Amended by Laws 1997, ch. 303, § 3.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-5-224

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 5. Offenses Against the Person

Part 2. Assault and Related Offenses

45-5-224 to 45-5-230. Reserved


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-5-230

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 5. Offenses Against the Person

Part 2. Assault and Related Offenses

45-5-224 to 45-5-230. Reserved


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-5-231

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 5. Offenses Against the Person

Part 2. Assault and Related Offenses

45-5-231. Definitions


As used in 45-5-231 through 45-5-234, unless the context requires otherwise, the following definitions apply:


(1) “Assault on a partner or family member” has the meaning provided in 45-5-206 for partner or family member assault.


(2) “Chemical dependency treatment” means required counseling and treatment related to chemical dependency issues.


(3) “Counseling” means professional counseling as defined in 37-23-102 and includes group counseling for the purposes of 45-5-231 through 45-5-234.


(4) “Investigative criminal justice report” means the investigative report prepared by a law enforcement agency associated with an offender's arrest for an assault on a partner or family member, excluding any confidential information relating to the victim's location and confidential information not related to the offense.


(5) “Offender” means a person convicted of an assault on a partner or family member.


(6) “Offender intervention program” means the combination of counseling and other services that is organized in a judicial district to provide a preliminary assessment for counseling and other services that are required for an offender.


(7) “Preliminary assessment for counseling” means the counseling assessment completed by a counselor to determine an offender's need for counseling, attendance at psychoeducational groups, and referrals for other treatment. This assessment must be completed either before or within 4 weeks after counseling and psychoeducational groups are started.


(8) “Psychoeducational group” means a group discussion, with instructional content themes, that encourages sharing and feedback, increases self-awareness, and is aimed at facilitating change in group members' daily lives.


(9) “Recreational intoxicant” means a substance, drug, or other chemical that was taken for the purpose of causing a person to be in a different emotional or psychological state and was not taken for a medically recognized therapeutic purpose.


(10) “Victim” means a person against whom the offender committed an assault.


CREDIT(S)


Enacted by Laws 2001, ch. 503, § 1.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-5-232

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 5. Offenses Against the Person

Part 2. Assault and Related Offenses

45-5-232. Offender intervention counseling referral


(1) The court shall notify the offender intervention program of the court's sentence and the court's judgment ordering the offender to complete a preliminary assessment and all recommended counseling, referrals, and attendance at psychoeducational groups, as well as other recommended treatment, including chemical dependency treatment.


(2) A copy of the investigative criminal justice report related to the offense charged must be sent to the offender intervention program to assist counselors in completing the offender's assessment, counseling, referrals, and psychoeducational group counseling. Before the report is sent, information in the report that relates to the victim's location or does not relate to the charged offense must be deleted.


(3) The referral of the offender's investigative report to the offender intervention program does not violate the confidentiality provisions under Title 44, chapter 5. The court shall adopt and the offender intervention program must include confidentiality procedures to protect the privacy rights of the victim and offender.


CREDIT(S)


Enacted by Laws 2001, ch. 503, § 2.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-5-233

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 5. Offenses Against the Person

Part 2. Assault and Related Offenses

45-5-233. Report to court or probation officer


(1) The head of the offender intervention program shall report to the court and the offender's probation officer. The report does not breach confidentiality.


(2) The head of the offender intervention program shall report to the court or the offender's probation officer, if the offender is assigned a probation officer, when:


(a) the offender has started the program;


(b) the offender has completed the assessment and the program has established recommendations for counseling, referrals, and attendance at psychoeducational groups, as well as other recommended treatment, including chemical dependency treatment;


(c) the offender has violated the offender intervention program rules related to attendance, the use of violence, and the use of recreational intoxicants; and


(d) the offender has completed the program.


CREDIT(S)


Enacted by Laws 2001, ch. 503, § 3.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-5-234

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 5. Offenses Against the Person

Part 2. Assault and Related Offenses

45-5-234. Offender intervention counseling confidentiality


(1) Offender intervention programs must have policies and procedures to protect the confidentiality of the offender and the victim. The investigative criminal justice report may be used within the offender intervention counseling sessions and psychoeducational groups after precautions are taken to protect confidentiality.


(2) The counselor may contact the victim of the assault. The counselor may notify the victim that the offender intervention program is not a guarantee that the offender will not be violent. The victim may be asked to provide information about the most recent offense, the offender's history of violence, the offender's use of recreational intoxicants, the offender's use of power and control over the victim, and whether the offender has committed another offense. All precautions must be taken to prevent this contact from increasing the victim's danger.


(3) The counselor shall, when possible, warn the victim if the offender exhibits behavior or makes statements in a group meeting that indicate imminent danger to the victim. If the counselor is unable to tell the victim this information, information about these high-risk behaviors must be given to the local victim advocacy agency. This contact does not violate the offender's right to confidentiality.


CREDIT(S)


Enacted by Laws 2001, ch. 503, § 4.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-5-301

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 5. Offenses Against the Person

Part 3. Kidnapping

45-5-301. Unlawful restraint


(1) A person commits the offense of unlawful restraint if the person knowingly or purposely and without lawful authority restrains another so as to interfere substantially with the other person's liberty.


(2) A person convicted of the offense of unlawful restraint shall be fined not to exceed $500 or be imprisoned in the county jail for any term not to exceed 6 months, or both.


CREDIT(S)


Enacted 94-5-301 by Laws 1973, ch. 513, § 1; Revised Code of Montana 1947, 94-5-301. Amended by Laws 2009, ch. 56, § 1657, eff. Oct. 1, 2009.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-5-302

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 5. Offenses Against the Person

Part 3. Kidnapping

45-5-302. Kidnapping


(1) A person commits the offense of kidnapping if the person knowingly or purposely and without lawful authority restrains another person by either secreting or holding the other person in a place of isolation or by using or threatening to use physical force.


(2) A person convicted of the offense of kidnapping shall be imprisoned in the state prison for a term of not less than 2 years or more than 10 years and may be fined not more than $50,000, except as provided in 46-18-219 and 46-18-222.


CREDIT(S)


Enacted 94-5-302 by Laws 1973, ch. 513, § 1. Amended by Laws 1977, ch. 584, § 7; Revised Code of Montana 1947, 94-5-302; amended by Laws 1981, ch. 198, § 7; amended by Laws 1995, ch. 482, § 5.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-5-303

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 5. Offenses Against the Person

Part 3. Kidnapping

45-5-303. Aggravated kidnapping


(1) A person commits the offense of aggravated kidnapping if the person knowingly or purposely and without lawful authority restrains another person by either secreting or holding the other person in a place of isolation or by using or threatening to use physical force, with any of the following purposes:


(a) to hold for ransom or reward or as a shield or hostage;


(b) to facilitate commission of any felony or flight thereafter;


(c) to inflict bodily injury on or to terrorize the victim or another;


(d) to interfere with the performance of any governmental or political function; or


(e) to hold another in a condition of involuntary servitude.


(2) Except as provided in 46-18-219 and 46-18-222, a person convicted of the offense of aggravated kidnapping shall be punished by death or life imprisonment as provided in 46-18-301 through 46-18-310 or be imprisoned in the state prison for a term of not less than 2 years or more than 100 years and may be fined not more than $50,000, unless the person has voluntarily released the victim alive, in a safe place, and with no serious bodily injury, in which event the person shall be imprisoned in the state prison for a term of not less than 2 years or more than 10 years and may be fined not more than $50,000.


CREDIT(S)


Enacted 94-5-303 by Laws 1973, ch. 513, § 1. Amended by Laws 1977, ch. 338, § 12; amended by Laws 1977, ch. 584, § 8; Revised Code of Montana 1947, 94-5-303; amended by Laws 1981, ch. 198, § 7; amended by Laws 1995, ch. 482, § 6.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-5-304

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 5. Offenses Against the Person

Part 3. Kidnapping

45-5-304. Custodial interference


(1) A person commits the offense of custodial interference if, knowing that the person has no legal right to do so, the person takes, entices, or withholds from lawful custody any child, incompetent person, or other person entrusted by authority of law to the custody of another person or institution.


(2) A person convicted of the offense of custodial interference shall be imprisoned in the state prison for any term not to exceed 10 years or be fined an amount not to exceed $50,000, or both.


(3) With respect to the first alleged commission of the offense only, a person who has not left the state does not commit an offense under this section if the person voluntarily returns the child, incompetent person, or other person to lawful custody before arraignment. With respect to the first alleged commission of the offense only, a person who has left the state does not commit an offense under this section if the person voluntarily returns the child, incompetent person, or other person to lawful custody before arrest.


CREDIT(S)


Enacted 94-5-305 by Laws 1973, ch. 513, § 1; Revised Code of Montana 1947, 94-5-305. Amended by Laws 1979, ch. 274, § 1; amended by Laws 1981, ch. 198, § 7; amended by Laws 1987, ch. 518, § 1; amended by Laws 1995, ch. 467, § 4; amended by Laws 1997, ch. 343, § 34.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-5-305

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 5. Offenses Against the Person

Part 3. Kidnapping

45-5-305. Subjecting another to involuntary servitude--definitions


(1) A person commits the offense of subjecting another to involuntary servitude if the person purposely or knowingly obtains or maintains the forced labor or services of another person by any of the following actions or by threatening any of the following actions:


(a) causing physical harm to any person;


(b) damaging or destroying the property of any person;


(c) physically restraining another person;


(d) abusing the law or legal process;


(e) knowingly destroying, concealing, removing, confiscating, or possessing any actual or purported passport or other immigration document or any other actual or purported government identification document of another person;


(f) blackmail; or


(g) causing financial harm to any person or using financial control over any person.


(2)(a) Except as provided in subsection (2)(b), a person convicted of the offense of subjecting another to involuntary servitude shall be imprisoned in the state prison for a term of not more than 10 years, fined an amount not to exceed $50,000, or both.


(b) A person convicted of the offense of subjecting another to involuntary servitude, if the violation involves aggravated kidnapping, sexual intercourse without consent, or deliberate homicide, shall be punished by life imprisonment or by imprisonment in the state prison for a term of not more than 100 years and may be fined not more than $50,000.


(3) As used in this section, the following definitions apply:


(a) “Blackmail” means an unlawful demand of money, property, or services under threat to accuse another person of a crime or to expose any secret tending to subject a person to hatred, contempt, or ridicule.


(b) “Financial harm” includes employment contracts that violate 28-2-903, taking, receiving, reserving, or charging a rate of interest greater than is allowed by 31-1-107, and defrauding creditors as defined in 45-6-315.


(c) “Forced labor or services” means labor or services that are performed or provided by another person and are obtained or maintained through violation of subsection (1).


(d) “Labor” means work of economic or financial value.


(e) “Maintain” means to secure continued performance of labor or services, regardless of any initial agreement on the part of the victim to perform that type of service.


(f) “Obtain” means to secure performance of labor or services.


(g) “Services” means an ongoing relationship between a person and the offender in which the person performs activities under the supervision of or for the benefit of the offender, including commercial sexual activity and sexually explicit performances.


CREDIT(S)


Enacted by Laws 2007, ch. 147, § 1.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-5-306

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 5. Offenses Against the Person

Part 3. Kidnapping

45-5-306. Trafficking of persons for involuntary servitude


(1) A person commits the offense of trafficking of persons for involuntary servitude if the person purposely or knowingly:


(a) recruits, entices, harbors, transports, provides, or obtains by any means another person, intending or knowing that the person will be subjected to involuntary servitude as described in 45-5-305; or


(b) benefits financially by receiving anything of value from participation in a venture that has engaged in the offense of subjecting another to involuntary servitude as described in 45-5-305.


(2)(a) Except as provided in subsection (2)(b), a person convicted of the offense of trafficking of persons for involuntary servitude shall be imprisoned in the state prison for a term of not more than 15 years, fined an amount not to exceed $100,000, or both.


(b) A person convicted of the offense of trafficking of persons for involuntary servitude, if the violation involves aggravated kidnapping, sexual intercourse without consent, or deliberate homicide, shall be punished by life imprisonment or by imprisonment in the state prison for a term of not more than 100 years and may be fined not more than $100,000.


CREDIT(S)


Enacted by Laws 2007, ch. 147, § 2.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-5-401

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 5. Offenses Against the Person

Part 4. Robbery

45-5-401. Robbery


(1) A person commits the offense of robbery if in the course of committing a theft, the person:


(a) inflicts bodily injury upon another;


(b) threatens to inflict bodily injury upon any person or purposely or knowingly puts any person in fear of immediate bodily injury; or


(c) commits or threatens immediately to commit any felony other than theft.


(2) A person convicted of the offense of robbery shall be imprisoned in the state prison for a term of not less than 2 years or more than 40 years and may be fined not more than $50,000, except as provided in 46-18-219 and 46-18-222.


(3) “In the course of committing a theft”, as used in this section, includes acts that occur in an attempt to commit or in the commission of theft or in flight after the attempt or commission.


CREDIT(S)


Enacted 94-5-401 by Laws 1973, ch. 513, § 1. Amended by Laws 1977, ch. 584, § 9; Revised Code of Montana 1947, 94-5-401; amended by Laws 1981, ch. 198, § 7; amended by Laws 1995, ch. 482, § 7.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-5-501

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 5. Offenses Against the Person

Part 5. Sexual Crimes

45-5-501. Definitions


(1)(a) As used in 45-5-503, the term “without consent” means:


(i) the victim is compelled to submit by force against the victim or another; or


(ii) subject to subsections (1)(b) and (1)(c), the victim is incapable of consent because the victim is:


(A) mentally defective or incapacitated;


(B) physically helpless;


(C) overcome by deception, coercion, or surprise;


(D) less than 16 years old;


(E) incarcerated in an adult or juvenile correctional, detention, or treatment facility or is on probation or parole and the perpetrator is an employee, contractor, or volunteer of the supervising authority and has supervisory or disciplinary authority over the victim, unless the act is part of a lawful search;


(F) receiving services from a youth care facility, as defined in 52-2-602, and the perpetrator:


(I) has supervisory or disciplinary authority over the victim or is providing treatment to the victim; and


(II) is an employee, contractor, or volunteer of the youth care facility; or


(G) admitted to a mental health facility, as defined in 53-21-102, is admitted to a community-based facility or a residential facility, as those terms are defined in 53-20-102, or is receiving community-based services, as defined in 53-20-102, and the perpetrator:


(I) has supervisory or disciplinary authority over the victim or is providing treatment to the victim; and


(II) is an employee, contractor, or volunteer of the facility or community-based service.


(b) Subsection (1)(a)(ii)(E) does not apply if the individuals are married to each other and one of the individuals involved is on probation or parole and the other individual is a probation or parole officer of a supervising authority.


(c) Subsections (1)(a)(ii)(F) and (1)(a)(ii)(G) do not apply if the individuals are married to each other and one of the individuals involved is a patient in or resident of a facility, is a recipient of community-based services, or is receiving services from a youth care facility and the other individual is an employee, contractor, or volunteer of the facility or community-based service.


(2) As used in subsection (1), the term “force” means:


(a) the infliction, attempted infliction, or threatened infliction of bodily injury or the commission of a forcible felony by the offender; or


(b) the threat of substantial retaliatory action that causes the victim to reasonably believe that the offender has the ability to execute the threat.


(3) As used in 45-5-502 and this section, the following definitions apply:


(a) “Parole”:


(i) in the case of an adult offender, has the meaning provided in 46-1-202; and


(ii) in the case of a juvenile offender, means supervision of a youth released from a state youth correctional facility, as defined in 41-5-103, to the supervision of the department of corrections.


(b) “Probation” means:


(i) in the case of an adult offender, release without imprisonment of a defendant found guilty of a crime and subject to the supervision of a supervising authority; and


(ii) in the case of a juvenile offender, supervision of the juvenile by a youth court pursuant to Title 41, chapter 5.


(c) “Supervising authority” includes a court, including a youth court, a county, or the department of corrections.


CREDIT(S)


Enacted 94-5-501 by Laws 1973, ch. 513, § 1. Amended by Laws 1975, ch. 405, § 2; amended by Laws 1977, ch. 359, § 15; Revised Code of Montana 1947, 94-5-501; amended by Laws 1991, ch. 175, § 3; amended by Laws 1991, ch. 218, § 1; amended by Laws 1991, ch. 687, §§ 1, 8; amended by Laws 1999, ch. 84, § 1; amended by Laws 2001, ch. 562, § 1; amended by Laws 2007, ch. 321, § 1; amended by Laws 2007, ch. 335, § 1.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-5-502

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 5. Offenses Against the Person

Part 5. Sexual Crimes

45-5-502. Sexual assault


(1) A person who knowingly subjects another person to any sexual contact without consent commits the offense of sexual assault.


(2)(a) On a first conviction for sexual assault, the offender shall be fined an amount not to exceed $500 or be imprisoned in the county jail for a term not to exceed 6 months, or both.


(b) On a second conviction for sexual assault, the offender shall be fined an amount not to exceed $1,000 or be imprisoned in the county jail for a term not to exceed 1 year, or both.


(c) On a third and subsequent conviction for sexual assault, the offender shall be fined an amount not to exceed $10,000 or be imprisoned for a term not to exceed 5 years, or both.


(3) If the victim is less than 16 years old and the offender is 3 or more years older than the victim or if the offender inflicts bodily injury upon anyone in the course of committing sexual assault, the offender shall be punished by life imprisonment or by imprisonment in the state prison for a term of not less than 4 years, unless the judge makes a written finding that there is good cause to impose a term of less than 4 years and imposes a term of less than 4 years, or more than 100 years and may be fined not more than $50,000.


(4) An act “in the course of committing sexual assault” includes an attempt to commit the offense or flight after the attempt or commission.


(5)(a) Subject to subsections (5)(b) and (5)(c), consent is ineffective under this section if the victim is:


(i) incarcerated in an adult or juvenile correctional, detention, or treatment facility or is on probation or parole and the perpetrator is an employee, contractor, or volunteer of the supervising authority and has supervisory or disciplinary authority over the victim, unless the act is part of a lawful search;


(ii) less than 14 years old and the offender is 3 or more years older than the victim;


(iii) receiving services from a youth care facility, as defined in 52-2-602, and the perpetrator:


(A) has supervisory or disciplinary authority over the victim or is providing treatment to the victim; and


(B) is an employee, contractor, or volunteer of the youth care facility; or


(iv) admitted to a mental health facility, as defined in 53-21-102, is admitted to a community-based facility or a residential facility, as those terms are defined in 53-20-102, or is receiving community-based services, as defined in 53-20-102, and the perpetrator:


(A) has supervisory or disciplinary authority over the victim or is providing treatment to the victim; and


(B) is an employee, contractor, or volunteer of the facility or community-based service.


(b) Subsection (5)(a)(i) does not apply if one of the parties is on probation or parole and the other party is a probation or parole officer of the supervising authority and the parties are married to each other.


(c) Subsections (5)(a)(iii) and (5)(a)(iv) do not apply if the individuals are married to each other and one of the individuals involved is a patient in or resident of a facility, is a recipient of community-based services, or is receiving services from a youth care facility and the other individual is an employee, contractor, or volunteer of the facility or community-based service.


CREDIT(S)


Enacted 94-5-502 by Laws 1973, ch. 513, § 1; Revised Code of Montana 1947, 94-5-502. Amended by Laws 1979, ch. 687, § 1; amended by Laws 1981, ch. 198, § 7; amended by Laws 1985, ch. 172, § 1; amended by Laws 1991, ch. 564, § 1; amended by Laws 1991, ch. 687, § 2; amended by Laws 1995, ch. 550, § 1; amended by Laws 1999, ch. 84, § 2; amended by Laws 2003, ch. 450, § 1; amended by Laws 2007, ch. 321, § 2; amended by Laws 2007, ch. 335, § 2; amended by Laws 2011, ch. 46, § 1, eff. Oct. 1, 2011.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-5-503

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 5. Offenses Against the Person

Part 5. Sexual Crimes

45-5-503. Sexual intercourse without consent


(1) A person who knowingly has sexual intercourse without consent with another person commits the offense of sexual intercourse without consent. A person may not be convicted under this section based on the age of the person's spouse, as provided in 45-5-501(1)(a)(ii)(D).


(2) A person convicted of sexual intercourse without consent shall be punished by life imprisonment or by imprisonment in the state prison for a term of not less than 2 years or more than 100 years and may be fined not more than $50,000, except as provided in 46-18-219, 46-18-222, and subsections (3) and (4) of this section.


(3)(a) If the victim is less than 16 years old and the offender is 4 or more years older than the victim or if the offender inflicts bodily injury upon anyone in the course of committing sexual intercourse without consent, the offender shall be punished by life imprisonment or by imprisonment in the state prison for a term of not less than 4 years or more than 100 years and may be fined not more than $50,000, except as provided in 46-18-219 and 46-18-222.


(b) If two or more persons are convicted of sexual intercourse without consent with the same victim in an incident in which each offender was present at the location where another offender's offense occurred during a time period in which each offender could have reasonably known of the other's offense, each offender shall be punished by life imprisonment or by imprisonment in the state prison for a term of not less than 5 years or more than 100 years and may be fined not more than $50,000, except as provided in 46-18-219 and 46-18-222.


(c) If the offender was previously convicted of an offense under this section or of an offense under the laws of another state or of the United States that if committed in this state would be an offense under this section and if the offender inflicted serious bodily injury upon a person in the course of committing each offense, the offender shall be:


(i) punished by death as provided in 46-18-301 through 46-18-310, unless the offender is less than 18 years of age at the time of the commission of the offense; or


(ii) punished as provided in 46-18-219.


(4)(a) If the victim was 12 years of age or younger and the offender was 18 years of age or older at the time of the offense, the offender:


(i) shall be punished by imprisonment in a state prison for a term of 100 years. The court may not suspend execution or defer imposition of the first 25 years of a sentence of imprisonment imposed under this subsection (4)(a)(i) except as provided in 46-18-222, and during the first 25 years of imprisonment, the offender is not eligible for parole.


(ii) may be fined an amount not to exceed $50,000; and


(iii) shall be ordered to enroll in and successfully complete the educational phase and the cognitive and behavioral phase of a sexual offender treatment program provided or approved by the department of corrections.


(b) If the offender is released after the mandatory minimum period of imprisonment, the offender is subject to supervision by the department of corrections for the remainder of the offender's life and shall participate in the program for continuous, satellite-based monitoring provided for in 46-23-1010.


(5) In addition to any sentence imposed under subsection (2) or (3), after determining the financial resources and future ability of the offender to pay restitution as required by 46-18-242, the court shall require the offender, if able, to pay the victim's reasonable medical and counseling costs that result from the offense. The amount, method, and time of payment must be determined in the same manner as provided for in 46-18-244.


(6) As used in subsections (3) and (4), an act “in the course of committing sexual intercourse without consent” includes an attempt to commit the offense or flight after the attempt or commission.


CREDIT(S)


Enacted 94-5-503 by Laws 1973, ch. 513, § 1. Amended by Laws 1975, ch. 2, § 1; amended by Laws 1975, ch. 129, § 1; amended by Laws 1977, ch. 94, § 1; amended by Laws 1977, ch. 359, § 16; amended by Laws 1977, ch. 584, § 10; Revised Code of Montana 1947, 94-5-503; amended by Laws 1981, ch. 198, § 7; amended by Laws 1985, ch. 172, § 2; amended by Laws 1985, ch. 356, § 1; amended by Laws 1985, ch. 644, § 1; amended by Laws 1991, ch. 175, § 1; amended by Laws 1991, ch. 218, § 2; amended by Laws 1991, ch. 687, § 3; amended by Laws 1993, ch. 85, § 1; amended by Laws 1995, ch. 482, § 8; amended by Laws 1995, ch. 550, § 2; amended by Laws 1997, ch. 312, § 1; amended by Laws 1999, ch. 84, § 3; amended by Laws 1999, ch. 523, § 4; amended by Laws 2003, ch. 114, § 85; amended by Laws 2007, ch. 335, § 3; amended by Laws 2007, ch. 483, § 5.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-5-504

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 5. Offenses Against the Person

Part 5. Sexual Crimes

45-5-504. Indecent exposure


(1) A person commits the offense of indecent exposure if the person knowingly or purposely exposes the person's genitals under circumstances in which the person knows the conduct is likely to cause affront or alarm in order to:


(a) abuse, humiliate, harass, or degrade another; or


(b) arouse or gratify the person's own sexual response or desire or the sexual response or desire of any person.


(2)(a) A person convicted of the offense of indecent exposure shall be fined an amount not to exceed $500 or be imprisoned in the county jail for a term of not more than 6 months, or both.


(b) On a second conviction, the person shall be fined an amount not to exceed $1,000 or be imprisoned in the county jail for a term of not more than 1 year, or both.


(c) On a third or subsequent conviction, the person shall be punished by life imprisonment or by imprisonment in a state prison for a term of not less than 5 years or more than 100 years and may be fined not more than $10,000.


CREDIT(S)


Enacted 94-5-504 by Laws 1973, ch. 513, § 1; Revised Code of Montana 1947, 94-5-504. Amended by Laws 1991, ch. 176, § 1; amended by Laws 1991, ch. 687, § 4; amended by Laws 1995, ch. 550, § 3; amended by Laws 1999, ch. 288, § 2.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-5-505

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 5. Offenses Against the Person

Part 5. Sexual Crimes

45-5-505. Deviate sexual conduct


(1) A person who knowingly engages in deviate sexual relations or who causes another to engage in deviate sexual relations commits the offense of deviate sexual conduct.


(2) A person convicted of the offense of deviate sexual conduct shall be imprisoned in the state prison for any term not to exceed 10 years or be fined an amount not to exceed $50,000, or both.


(3) The fact that a person seeks testing or receives treatment for the HIV-related virus or another sexually transmitted disease may not be used as a basis for a prosecution under this section and is not admissible in evidence in a prosecution under this section.


CREDIT(S)


Enacted 94-5-505 by Laws 1973, ch. 513, § 1; Revised Code of Montana 1947, 94-5-505. Amended by Laws 1981, ch. 198, § 7; amended by Laws 1991, ch. 175, § 2; amended by Laws 1991, ch. 687, § 7.


VALIDITY


<The Montana Supreme Court held this section “unconstitutional as applied to Respondents and other consenting adults engaging in private, same-gender, non-commercial, sexual conduct”, Gryczan v. State, 283 Mont. 433, 942 P.2d 112 (Mont. 1997). See notes of decisions. >


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-5-506

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 5. Offenses Against the Person

Part 5. Sexual Crimes

45-5-506. Renumbered as 45-5-511 by Code Commissioner, 1983


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-5-507

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 5. Offenses Against the Person

Part 5. Sexual Crimes

45-5-507. Incest


(1) A person commits the offense of incest if the person knowingly marries, cohabits with, has sexual intercourse with, or has sexual contact, as defined in 45-2-101, with an ancestor, a descendant, a brother or sister of the whole or half blood, or any stepson or stepdaughter. The relationships referred to in this subsection include blood relationships without regard to legitimacy, relationships of parent and child by adoption, and relationships involving a stepson or stepdaughter.


(2) Consent is a defense under this section to incest with or upon a stepson or stepdaughter, but consent is ineffective if the victim is less than 18 years old.


(3) Except as provided in subsections (4) and (5), a person convicted of incest shall be punished by life imprisonment or by imprisonment in the state prison for a term not to exceed 100 years or be fined an amount not to exceed $50,000.


(4) If the victim is under 16 years of age and the offender is 3 or more years older than the victim or if the offender inflicts bodily injury upon anyone in the course of committing incest, the offender shall be punished by life imprisonment or by imprisonment in the state prison for a term of not less than 4 years or more than 100 years and may be fined not more than $50,000.


(5)(a) If the victim was 12 years of age or younger and the offender was 18 years of age or older at the time of the offense, the offender:


(i) shall be punished by imprisonment in a state prison for a term of 100 years. The court may not suspend execution or defer imposition of the first 25 years of a sentence of imprisonment imposed under this subsection (5)(a)(i) except as provided in 46-18-222, and during the first 25 years of imprisonment, the offender is not eligible for parole.


(ii) may be fined an amount not to exceed $50,000; and


(iii) shall be ordered to enroll in and successfully complete the educational phase and the cognitive and behavioral phase of a sexual offender treatment program provided or approved by the department of corrections.


(b) If the offender is released after the mandatory minimum period of imprisonment, the offender is subject to supervision by the department of corrections for the remainder of the offender's life and shall participate in the program for continuous, satellite-based monitoring provided for in 46-23-1010.


(6) In addition to any sentence imposed under subsection (3), (4), or (5), after determining the financial resources and future ability of the offender to pay restitution as required by 46-18-242, the court shall require the offender, if able, to pay the victim's reasonable costs of counseling that result from the offense. The amount, method, and time of payment must be determined in the same manner as provided for in 46-18-244.


CREDIT(S)


Enacted 94-5-606 by Laws 1973, ch. 513, § 1; Revised Code of Montana 1947, 94-5-606. Amended by Laws 1981, ch. 198, § 7; MCA 1981, 45-5-613; redesignated 45-5-507 by Code Commissioner, 1983; amended by Laws 1983, ch. 438, § 1; amended by Laws 1985, ch. 644, § 2; amended by Laws 1989, ch. 174, § 1; amended by Laws 1991, ch. 687, § 5; amended by Laws 1995, ch. 550, § 4; amended by Laws 2007, ch. 483, § 6.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-5-508

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 5. Offenses Against the Person

Part 5. Sexual Crimes

45-5-508 to 45-5-510. Reserved


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-5-510

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 5. Offenses Against the Person

Part 5. Sexual Crimes

45-5-508 to 45-5-510. Reserved


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-5-511

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 5. Offenses Against the Person

Part 5. Sexual Crimes

45-5-511. Provisions generally applicable to sexual crimes


(1) When criminality depends on the victim being less than 16 years old, it is a defense for the offender to prove that the offender reasonably believed the child to be above that age. The belief may not be considered reasonable if the child is less than 14 years old.


(2) Evidence concerning the sexual conduct of the victim is inadmissible in prosecutions under this part except evidence of the victim's past sexual conduct with the offender or evidence of specific instances of the victim's sexual activity to show the origin of semen, pregnancy, or disease that is at issue in the prosecution.


(3) If the defendant proposes for any purpose to offer evidence described in subsection (2), the trial judge shall order a hearing out of the presence of the jury to determine whether the proposed evidence is admissible under subsection (2).


(4) Evidence of failure to make a timely complaint or immediate outcry does not raise any presumption as to the credibility of the victim.


(5) Resistance by the victim is not required to show lack of consent. Force, fear, or threat is sufficient alone to show lack of consent.


CREDIT(S)


Enacted 94-5-506 by Laws 1973, ch. 513, § 1. Amended by Laws 1977, ch. 359, § 17; Revised Code of Montana 1947, 94-5-506; amended by Laws 1979, ch. 407, § 3; MCA 1981, 45-5-506; redesignated 45-5-511 by Code Commissioner, 1983; amended by Laws 1985, ch. 172, § 3; amended by Laws 1987, ch. 425, § 1; amended by Laws 1991, ch. 687, § 6; amended by Laws 2009, ch. 56, § 1658, eff. Oct. 1, 2009.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-5-512

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 5. Offenses Against the Person

Part 5. Sexual Crimes

45-5-512. Chemical treatment of sex offenders


(1) A person convicted of a first offense under 45-5-502(3), 45-5-503(3), or 45-5-507(4) or (5) may, in addition to the sentence imposed under those sections, be sentenced to undergo medically safe medroxyprogesterone acetate treatment or its chemical equivalent or other medically safe drug treatment that reduces sexual fantasies, sex drive, or both, administered by the department of corrections or its agent pursuant to subsection (4) of this section.


(2) A person convicted of a second or subsequent offense under 45-5-502(3), 45-5-503, or 45-5-507 may, in addition to the sentence imposed under those sections, be sentenced to undergo medically safe medroxyprogesterone acetate treatment or its chemical equivalent or other medically safe drug treatment that reduces sexual fantasies, sex drive, or both, administered by the department of corrections or its agent pursuant to subsection (4) of this section.


(3) A person convicted of a first or subsequent offense under 45-5-502, 45-5-503, or 45-5-507 who is not sentenced to undergo medically safe medroxyprogesterone acetate treatment or its chemical equivalent or other medically safe drug treatment that reduces sexual fantasies, sex drive, or both, may voluntarily undergo such treatment, which must be administered by the department of corrections or its agent and paid for by the department of corrections.


(4) Treatment under subsection (1) or (2) must begin 1 week before release from confinement and must continue until the department of corrections determines that the treatment is no longer necessary. Failure to continue treatment as ordered by the department of corrections constitutes a criminal contempt of court for failure to comply with the sentence, for which the sentencing court shall impose a term of incarceration without possibility of parole of not less than 10 years or more than 100 years.


(5) Prior to chemical treatment under this section, the person must be fully medically informed of its effects.


(6) A state employee who is a professional medical person may not be compelled against the employee's wishes to administer chemical treatment under this section.


CREDIT(S)


Enacted by Laws 1997, ch. 334, § 1. Amended by Laws 1997, ch. 341, § 2; amended by Laws 2007, ch. 483, § 7.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-5-601

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 5. Offenses Against the Person

Part 6. Offenses Against the Family

45-5-601. Prostitution


(1) A person commits the offense of prostitution if the person engages in or agrees or offers to engage in sexual intercourse with another person for compensation, whether the compensation is received or to be received or paid or to be paid.


(2)(a) A prostitute convicted of prostitution shall be fined an amount not to exceed $500 or be imprisoned in the county jail for a term not to exceed 6 months, or both.


(b) Except as provided in subsection (3), a prostitute's client who is convicted of prostitution shall for the first offense be fined an amount not to exceed $1,000 or be imprisoned for a term not to exceed 1 year, or both, and for a second or subsequent offense shall be fined an amount not to exceed $10,000 or be imprisoned for a term not to exceed 5 years, or both.


(3)(a) If the prostitute was 12 years of age or younger and the prostitute's client was 18 years of age or older at the time of the offense, the offender:


(i) shall be punished by imprisonment in a state prison for a term of 100 years. The court may not suspend execution or defer imposition of the first 25 years of a sentence of imprisonment imposed under this subsection (3)(a)(i) except as provided in 46-18-222, and during the first 25 years of imprisonment, the offender is not eligible for parole.


(ii) may be fined an amount not to exceed $50,000; and


(iii) shall be ordered to enroll in and successfully complete the educational phase and the cognitive and behavioral phase of a sexual offender treatment program provided or approved by the department of corrections.


(b) If the offender is released after the mandatory minimum period of imprisonment, the offender is subject to supervision by the department of corrections for the remainder of the offender's life and shall participate in the program for continuous, satellite-based monitoring provided for in 46-23-1010.


CREDIT(S)


Enacted 94-5-602 by Laws 1973, ch. 513, § 1. Amended by Laws 1975, ch. 80, § 1; Revised Code of Montana 1947, 94-5-602; amended by Laws 2001, ch. 312, § 2; amended by Laws 2007, ch. 483, § 8.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-5-602

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 5. Offenses Against the Person

Part 6. Offenses Against the Family

45-5-602. Promoting prostitution


(1) A person commits the offense of promoting prostitution if the person purposely or knowingly commits any of the following acts:


(a) owns, controls, manages, supervises, resides in, or otherwise keeps, alone or in association with others, a house of prostitution or a prostitution business;


(b) procures an individual for a house of prostitution or a place in a house of prostitution for an individual;


(c) encourages, induces, or otherwise purposely causes another to become or remain a prostitute;


(d) solicits clients for another person who is a prostitute;


(e) procures a prostitute for a patron;


(f) transports an individual into or within this state with the purpose to promote that individual's engaging in prostitution or procures or pays for transportation with that purpose;


(g) leases or otherwise permits a place controlled by the offender, alone or in association with others, to be regularly used for prostitution or for the procurement of prostitution or fails to make reasonable effort to abate that use by ejecting the tenant, notifying law enforcement authorities, or using other legally available means; or


(h) lives in whole or in part upon the earnings of an individual engaging in prostitution, unless the person is the prostitute's minor child or other legal dependent incapable of self-support.


(2) Except as provided in subsection (3), a person convicted of promoting prostitution shall be fined an amount not to exceed $50,000 or be imprisoned in a state prison for a term not to exceed 10 years, or both.


(3)(a) If the prostitute was 12 years of age or younger and the prostitute's client was 18 years of age or older at the time of the offense, the offender:


(i) shall be punished by imprisonment in a state prison for a term of 100 years. The court may not suspend execution or defer imposition of the first 25 years of a sentence of imprisonment imposed under this subsection (3)(a)(i) except as provided in 46-18-222, and during the first 25 years of imprisonment, the offender is not eligible for parole.


(ii) may be fined an amount not to exceed $50,000; and


(iii) shall be ordered to enroll in and successfully complete the educational phase and the cognitive and behavioral phase of a sexual offender treatment program provided or approved by the department of corrections.


(b) If the offender is released after the mandatory minimum period of imprisonment, the offender is subject to supervision by the department of corrections for the remainder of the offender's life and shall participate in the program for continuous, satellite-based monitoring provided for in 46-23-1010.


CREDIT(S)


Enacted 94-5-603 by Laws 1973, ch. 513, § 1. Amended by Laws 1975, ch. 2, § 2; Revised Code of Montana 1947, 94-5-603(part); amended by Laws 2001, ch. 312, § 3; amended by Laws 2007, ch. 483, § 9.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-5-603

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 5. Offenses Against the Person

Part 6. Offenses Against the Family

45-5-603. Aggravated promotion of prostitution


(1) A person commits the offense of aggravated promotion of prostitution if the person purposely or knowingly commits any of the following acts:


(a) compels another to engage in or promote prostitution;


(b) promotes prostitution of a child under the age of 18 years, whether or not the person is aware of the child's age;


(c) promotes the prostitution of one's spouse, child, ward, or any person for whose care, protection, or support the person is responsible.


(2)(a) Except as provided in subsections (2)(b) and (2)(c), a person convicted of aggravated promotion of prostitution shall be punished by:


(i) life imprisonment; or


(ii) imprisonment in a state prison for a term not to exceed 20 years or a fine in an amount not to exceed $50,000, or both.


(b) Except as provided in 46-18-219 and 46-18-222, a person convicted of aggravated promotion of prostitution of a child, who at the time of the offense is under 18 years of age, shall be punished by:


(i) life imprisonment; or


(ii) imprisonment in a state prison for a term of not less than 4 years or more than 100 years or a fine in an amount not to exceed $100,000, or both.


(c)(i) If the prostitute was 12 years of age or younger and the prostitute's client was 18 years of age or older at the time of the offense, the offender:


(A) shall be punished by imprisonment in a state prison for a term of 100 years. The court may not suspend execution or defer imposition of the first 25 years of a sentence of imprisonment imposed under this subsection (2)(c)(i)(A) except as provided in 46-18-222, and during the first 25 years of imprisonment, the offender is not eligible for parole.


(B) may be fined an amount not to exceed $50,000; and


(C) shall be ordered to enroll in and successfully complete the educational phase and the cognitive and behavioral phase of a sexual offender treatment program provided or approved by the department of corrections.


(ii) If the offender is released after the mandatory minimum period of imprisonment, the offender is subject to supervision by the department of corrections for the remainder of the offender's life and shall participate in the program for continuous, satellite-based monitoring provided for in 46-23-1010.


CREDIT(S)


Enacted 94-5-603 by Laws 1973, ch. 513, § 1. Amended by Laws 1975, ch. 2, § 2; Revised Code of Montana 1947, 94-5-603(part); amended by Laws 1981, ch. 198, § 7; amended by Laws 2001, ch. 312, § 4; amended by Laws 2003, ch. 114, § 86; amended by Laws 2007, ch. 483, § 10.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-5-604

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 5. Offenses Against the Person

Part 6. Offenses Against the Family

45-5-604. Evidence in cases of promotion


(1) On the issue of whether a place is a house of prostitution, the following, in addition to all other admissible evidence, must be admissible:


(a) its general repute;


(b) the repute of the persons who reside in or frequent the place; or


(c) the frequency, timing, and duration of visits by nonresidents.


(2) Testimony of a person against the person's spouse must be admissible under 45-5-602, 45-5-603, and this section.


CREDIT(S)


Enacted 94-5-603 by Laws 1973, ch. 513, § 1. Amended by Laws 1975, ch. 2, § 2; Revised Code of Montana 1947, 94-5-603(4); amended by Laws 2009, ch. 56, § 1659, eff. Oct. 1, 2009.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-5-605

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 5. Offenses Against the Person

Part 6. Offenses Against the Family

45-5-605 to 45-5-610. Reserved


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-5-610

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 5. Offenses Against the Person

Part 6. Offenses Against the Family

45-5-605 to 45-5-610. Reserved


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-5-611

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 5. Offenses Against the Person

Part 6. Offenses Against the Family

45-5-611. Bigamy


(1) A person commits the offense of bigamy if, while married, the person knowingly contracts or purports to contract another marriage unless at the time of the subsequent marriage:


(a) the offender believes on reasonable grounds that the prior spouse is dead;


(b) the offender and the prior spouse have been living apart for 5 consecutive years throughout which the prior spouse was not known by the offender to be alive;


(c) a court has entered a judgment purporting to terminate or annul any prior disqualifying marriage and the offender does not know that judgment to be invalid; or


(d) the offender reasonably believes that the offender is legally eligible to remarry.


(2) A person convicted of bigamy shall be fined not to exceed $500 or be imprisoned in the county jail for any term not to exceed 6 months, or both.


CREDIT(S)


Enacted 94-5-604 by Laws 1973, ch. 513, § 1; Revised Code of Montana 1947, 94-5-604. Amended by Laws 2009, ch. 56, § 1660, eff. Oct. 1, 2009.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-5-612

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 5. Offenses Against the Person

Part 6. Offenses Against the Family

45-5-612. Marrying a bigamist


(1) A person commits the offense of marrying a bigamist if the person contracts or purports to contract a marriage with another knowing that the other is committing bigamy.


(2) A person convicted of the offense of marrying a bigamist shall be fined not to exceed $500 or be imprisoned in the county jail for any period not to exceed 6 months, or both.


CREDIT(S)


Enacted 94-5-605 by Laws 1973, ch. 513, § 1; Revised Code of Montana 1947, 94-5-605. Amended by Laws 2009, ch. 56, § 1661, eff. Oct. 1, 2009.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-5-613

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 5. Offenses Against the Person

Part 6. Offenses Against the Family

45-5-613. Renumbered as 45-5-507 by Code Commissioner, 1983


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-5-614

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 5. Offenses Against the Person

Part 6. Offenses Against the Family

45-5-614 to 45-5-619. Reserved


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-5-619

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 5. Offenses Against the Person

Part 6. Offenses Against the Family

45-5-614 to 45-5-619. Reserved


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-5-620

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 5. Offenses Against the Person

Part 6. Offenses Against the Family

45-5-620. Repealed by Laws 2007, ch. 29, § 3


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-5-621

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 5. Offenses Against the Person

Part 6. Offenses Against the Family

45-5-621. Nonsupport


(1) A person commits the offense of nonsupport if the person fails to provide support that the person can provide and that the person knows the person is legally obliged to provide to a spouse, child, or other dependent.


(2)(a) A person commits the offense of aggravated nonsupport if the person has:


(i) left the state without making reasonable provisions for the support of a spouse, child, or other dependent; or


(ii) been previously convicted of the offense of nonsupport.


(b) For purposes of this section, “conviction” means a conviction, as defined in 45-2-101, in this state, conviction for a violation of a statute similar to this section in another state, or a forfeiture of bail or collateral deposited to secure a person's appearance in court in this state or another state, which forfeiture has not been vacated.


(3) If a defense to the charge of nonsupport is inability to pay, the person's inability must be the result of circumstances over which the person had no control. In determining ability to pay, after an allowance for the person's minimal subsistence needs, the support of a spouse, child, or other dependent has priority over any other obligations of the person.


(4) When a person is ordered to pay support by a court or administrative agency with jurisdiction to enter the order, the support order is prima facie evidence of the person's legal obligation to provide support.


(5) Payment records maintained by the court or administrative agency that issued the support order are prima facie evidence of the amount of support paid and the arrearages that have accrued.


(6) It is not a defense to a charge of nonsupport that any other person, organization, or agency furnishes necessary food, clothing, shelter, medical attention, or other essential needs for the support of the spouse, child, or other dependent.


(7)(a) Except as provided in subsection (7)(b) or (7)(c), a person convicted of nonsupport shall be fined an amount not to exceed $500 or be imprisoned in the county jail for a term not to exceed 6 months, or both.


(b) A person convicted of nonsupport who has failed to provide support under a court or administrative order for 6 months or more or who has failed to provide support in a cumulative amount equal to or in excess of 6 months' support shall be fined an amount not to exceed $5,000 or be imprisoned in the state prison for a term not to exceed 10 years, all but 2 years of which must be suspended, with the person placed on probation for the remainder of the imprisonment term, or both.


(c) A person convicted of aggravated nonsupport shall be fined an amount not to exceed $50,000 or be imprisoned in the state prison for a term not to exceed 10 years, or both.


(8) Before trial with the consent of the defendant, on entry of a plea of guilty or nolo contendere, or after conviction, instead of the penalty provided in subsection (7) or in addition to that penalty, the defendant may post a bond, undertaking, or other security. This security must be for a period of 10 years. The court shall fix the sum of the security in an amount sufficient to ensure payment of support by the defendant. After the security is posted, the court shall release the defendant on the condition that the defendant comply with any order for support. If there is no order for support, the court shall order the defendant to pay support to the spouse, child, or other dependent in an amount that is consistent with the defendant's ability to pay and, if applicable, the child support guidelines adopted under 40-5-209.


(9) The bond, undertaking, or other security posted pursuant to subsection (8) is forfeited if the defendant fails to pay support as ordered, and the court may proceed to try the defendant upon the original charge of nonsupport, sentence the defendant under the original plea or conviction, or enforce a suspended sentence.


(10) As part of any prosecution under this section, the court shall also order the offender to make restitution to the spouse, the child's caretaker, or any other dependent or to the person or agency that provided support to the spouse, child, or other dependent. The amount of restitution is the sum of the arrearages payable under a support order or, if there is no support order, an amount determined reasonable by the court. The terms for payment of restitution must be determined by the court.


(11) The court may order, in its discretion, any fine levied or any bond forfeited upon a charge of nonsupport paid to or for the benefit of any person that the offender has failed to support. A bond, undertaking, or other security forfeited under subsection (9) must be paid to the person or agency entitled to receive support from the offender.


(12) When a payment of public assistance money has been made for the benefit of a child by the department of public health and human services under the provisions of Title 53, a representative of the department may sign a criminal complaint against the person obligated by law to support the child who received the public assistance.


(13) The court may order that a term of imprisonment imposed under this section be served in another facility made available by the county and approved by the sentencing court. The offender, if financially able, shall bear the expense of the imprisonment. The court may impose restrictions on the offender's ability to leave the premises of the facility and require that the defendant follow the rules of that facility. The facility may be a community-based prerelease center as provided for in 53-1-203. The prerelease center may accept or reject an offender referred by the sentencing court.


CREDIT(S)


Enacted 94-5-608 by Laws 1973, ch. 513, § 1. Amended by Laws 1977, ch. 359, § 19; Revised Code of Montana 1947, 94-5-608; amended by Laws 1981, ch. 198, § 7; amended by Laws 1993, ch. 429, § 3; amended by Laws 1995, ch. 546, § 199; amended by Laws 1999, ch. 395, § 4; amended by Laws 2003, ch. 286, § 1.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-5-622

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 5. Offenses Against the Person

Part 6. Offenses Against the Family

45-5-622. Endangering welfare of children


(1) A parent, guardian, or other person supervising the welfare of a child less than 18 years old commits the offense of endangering the welfare of children if the parent, guardian, or other person knowingly endangers the child's welfare by violating a duty of care, protection, or support.


(2) Except as provided in 16-6-305, a parent or guardian or any person who is 18 years of age or older, whether or not the parent, guardian, or other person is supervising the welfare of the child, commits the offense of endangering the welfare of children if the parent, guardian, or other person knowingly contributes to the delinquency of a child less than:


(a) 18 years old by:


(i) supplying or encouraging the use of an intoxicating substance by the child; or


(ii) assisting, promoting, or encouraging the child to enter a place of prostitution; or


(b) 16 years old by assisting, promoting, or encouraging the child to:


(i) abandon the child's place of residence without the consent of the child's parents or guardian; or


(ii) engage in sexual conduct.


(3) A person, whether or not the person is supervising the welfare of a child less than 18 years of age, commits the offense of endangering the welfare of children if the person, in the residence of a child, in a building, structure, conveyance, or outdoor location where a child might reasonably be expected to be present, in a room offered to the public for overnight accommodation, or in any multiple-unit residential building, knowingly:


(a) produces or manufactures methamphetamine or attempts to produce or manufacture methamphetamine;


(b) possesses any material, compound, mixture, or preparation that contains any combination of the items listed in 45-9-107 with intent to manufacture methamphetamine; or


(c) causes or permits a child to inhale, be exposed to, have contact with, or ingest methamphetamine or be exposed to or have contact with methamphetamine paraphernalia.


(4) A parent, guardian, or other person supervising the welfare of a child less than 16 years of age may verbally or in writing request a person who is 18 years of age or older and who has no legal right of supervision or control over the child to stop contacting the child if the requester believes that the contact is not in the child's best interests. If the person continues to contact the child, the parent, guardian, or other person supervising the welfare of the child may petition or the county attorney may upon the person's request petition for an order of protection under Title 40, chapter 15. To the extent that they are consistent with this subsection, the provisions of Title 40, chapter 15, apply. A person who purposely or knowingly violates an order of protection commits the offense of endangering the welfare of children and upon conviction shall be sentenced as provided in subsection (5)(a).


(5)(a) Except as provided in subsection (5)(b), a person convicted of endangering the welfare of children shall be fined an amount not to exceed $500 or be imprisoned in the county jail for any term not to exceed 6 months, or both. A person convicted of a second offense of endangering the welfare of children shall be fined an amount not to exceed $1,000 or be imprisoned in the county jail for any term not to exceed 6 months, or both.


(b) A person convicted under subsection (3) is guilty of a felony and shall be imprisoned in the state prison for a term not to exceed 5 years and may be fined an amount not to exceed $10,000, or both. If a child suffers serious bodily injury, the offender shall be fined an amount not to exceed $25,000 or be imprisoned for a term not to exceed 10 years, or both. Prosecution or conviction of a violation of subsection (3) does not bar prosecution or conviction for any other crime committed by the offender as part of the same conduct.


(6) On the issue of whether there has been a violation of the duty of care, protection, and support, the following, in addition to all other admissible evidence, is admissible: cruel treatment; abuse; infliction of unnecessary and cruel punishment; abandonment; neglect; lack of proper medical care, clothing, shelter, and food; and evidence of past bodily injury.


(7) The court may order, in its discretion, any fine levied or any bond forfeited upon a charge of endangering the welfare of children paid to or for the benefit of the person or persons whose welfare the defendant has endangered.


CREDIT(S)


Enacted 94-5-607 by Laws 1973, ch. 513, § 1. Amended by Laws 1975, ch. 85, § 1; amended by Laws 1977, ch. 218, § 1; amended by Laws 1977, ch. 359, § 18; Revised Code of Montana 1947, 94-5-607; amended by Laws 1987, ch. 405, § 1; amended by Laws 1989, ch. 448, § 3; amended by Laws 1997, ch. 333, § 1; amended by Laws 2007, ch. 75, § 1.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-5-623

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 5. Offenses Against the Person

Part 6. Offenses Against the Family

45-5-623. Unlawful transactions with children


<Text effective until occurrence of contingency>


(1) Except as provided for in 16-6-305, a person commits the offense of unlawful transactions with children if the person knowingly:


(a) sells or gives explosives to a child under the age of majority except as authorized under appropriate city ordinances;


(b) sells or gives intoxicating substances other than alcoholic beverages to a child under the age of majority;


(c) sells or gives an alcoholic beverage to a person under 21 years of age;


(d) being a junk dealer, pawnbroker, or secondhand dealer, receives or purchases goods from a child under the age of majority without authorization of the parent or guardian; or


(e) tattoos or provides a body piercing on a child under the age of majority without the explicit in-person consent of the child's parent or guardian. For purposes of this subsection, “tattoo” and “body piercing” have the meaning provided in 50-48-102. Failure to adequately verify the identity of a parent or guardian is not an excuse for violation of this subsection.


(2) A person convicted of the offense of unlawful transactions with children shall be fined an amount not to exceed $500 or be imprisoned in the county jail for any term not to exceed 6 months, or both. A person convicted of a second offense of unlawful transactions with children shall be fined an amount not to exceed $1,000 or be imprisoned in the county jail for any term not to exceed 6 months, or both.


CREDIT(S)


Enacted 94-5-609 by Laws 1973, ch. 513, § 1; Revised Code of Montana 1947, 94-5-609; amended app. Nov. 7, 1978, Ref. 74, § 2. Amended by Laws 1987, ch. 217, § 4; amended by Laws 1989, ch. 448, § 4; amended by Laws 1997, ch. 155, § 1; amended by Laws 2003, ch. 391, § 2; amended by Laws 2005, ch. 386, § 16.


CONTINGENT TERMINATION


<Laws 1987, ch. 217, § 9(2), provides:>


<“If the United States congress repeals or removes or a final judgment invalidates the provisions of federal law that require states to raise the legal age for purchasing and possessing alcoholic beverages to 21 as a condition of full receipt of federal highway funds, the governor of Montana shall immediately certify the fact of the repeal, removal, or invalidation to the secretary of state of Montana. This act terminates on the date of such certification.”>


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.




MCA 45-5-624

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 5. Offenses Against the Person

Part 6. Offenses Against the Family

45-5-624. Unlawful attempt to purchase or possession of intoxicating substance--interference with sentence or court order


<Text effective until occurrence of contingency>


(1) A person under 21 years of age commits the offense of possession of an intoxicating substance if the person knowingly consumes or has in the person's possession an intoxicating substance. A person may not be arrested for or charged with the offense solely because the person was at a place where other persons were possessing or consuming alcoholic beverages. A person does not commit the offense if the person consumes or gains possession of an alcoholic beverage because it was lawfully supplied to the person under 16-6-305 or when in the course of employment it is necessary to possess alcoholic beverages.


(2)(a) In addition to any disposition by the youth court under 41-5-1512, a person under 18 years of age who is convicted under this section:


(i) for the first offense, shall be fined an amount not less than $100 and not to exceed $300 and:


(A) shall be ordered to perform 20 hours of community service;


(B) shall be ordered, and the person's parent or parents or guardian shall be ordered, to complete and pay all costs of participation in a community-based substance abuse information course that meets the requirements of subsection (9), if one is available; and


(C) if the person has a driver's license, must have the license confiscated by the court for 30 days, except as provided in subsection (2)(b);


(ii) for a second offense, shall be fined an amount not less than $200 and not to exceed $600 and:


(A) shall be ordered to perform 40 hours of community service;


(B) shall be ordered, and the person's parent or parents or guardian shall be ordered, to complete and pay all costs of participation in a community-based substance abuse information course that meets the requirements of subsection (9), if one is available;


(C) if the person has a driver's license, must have the license confiscated by the court for 6 months, except as provided in subsection (2)(b); and


(D) shall be required to complete a chemical dependency assessment and treatment, if recommended, as provided in subsection (8);


(iii) for a third or subsequent offense, shall be fined an amount not less than $300 or more than $900, shall be ordered to perform 60 hours of community service, shall be ordered, and the person's parent or parents or guardian shall be ordered, to complete and pay all costs of participation in a community-based substance abuse information course that meets the requirements of subsection (9), if one is available, and shall be required to complete a chemical dependency assessment and treatment, if recommended, as provided in subsection (8). If the person has a driver's license, the court shall confiscate the license for 6 months, except as provided in subsection (2)(b).


(b) If the convicted person fails to complete the community-based substance abuse course and has a driver's license, the court shall order the license suspended for 3 months for a first offense, 9 months for a second offense, and 12 months for a third or subsequent offense.


(c) The court shall retain jurisdiction for up to 1 year to order suspension of a license under subsection (2)(b).


(3) A person 18 years of age or older who is convicted of the offense of possession of an intoxicating substance:


(a) for a first offense:


(i) shall be fined an amount not less than $100 or more than $300;


(ii) shall be ordered to perform 20 hours of community service; and


(iii) shall be ordered to complete and pay all costs of participation in a community-based substance abuse information course that meets the requirements of subsection (9);


(b) for a second offense:


(i) shall be fined an amount not less than $200 or more than $600;


(ii) shall be ordered to perform 40 hours of community service; and


(iii) shall be ordered to complete and pay for an alcohol information course at an alcohol treatment program that meets the requirements of subsection (9), which may, in the court's discretion and upon recommendation of a licensed addiction counselor, include alcohol or drug treatment, or both;


(c) for a third or subsequent offense:


(i) shall be fined an amount not less than $300 or more than $900;


(ii) shall be ordered to perform 60 hours of community service;


(iii) shall be ordered to complete and pay for an alcohol information course at an alcohol treatment program that meets the requirements of subsection (9), which may, in the sentencing court's discretion and upon recommendation of a licensed addiction counselor, include alcohol or drug treatment, or both; and


(iv) in the discretion of the court, shall be imprisoned in the county jail for a term not to exceed 6 months.


(4) A person under 21 years of age commits the offense of attempt to purchase an intoxicating substance if the person knowingly attempts to purchase an alcoholic beverage. A person convicted of attempt to purchase an intoxicating substance shall be fined an amount not to exceed $150 if the person was under 21 years of age at the time that the offense was committed and may be ordered to perform community service.


(5) A defendant who fails to comply with a sentence and is under 21 years of age and was under 18 years of age when the defendant failed to comply must be transferred to the youth court. If proceedings for failure to comply with a sentence are held in the youth court, the offender must be treated as an alleged youth in need of intervention as defined in 41-5-103. The youth court may enter its judgment under 41-5-1512.


(6) A person commits the offense of interference with a sentence or court order if the person purposely or knowingly causes a child or ward to fail to comply with a sentence imposed under this section or a youth court disposition order for a youth found to have violated this section and upon conviction shall be fined $100 or imprisoned in the county jail for 10 days, or both.


(7) A conviction or youth court adjudication under this section must be reported by the court to the department of public health and human services if treatment is ordered under subsection (8).


(8)(a) A person convicted of a second or subsequent offense of possession of an intoxicating substance shall be ordered to complete a chemical dependency assessment.


(b) The assessment must be completed at a treatment program that meets the requirements of subsection (9) and must be conducted by a licensed addiction counselor. The person may attend a program of the person's choice as long as a licensed addiction counselor provides the services. If able, the person shall pay the cost of the assessment and any resulting treatment.


(c) The assessment must describe the person's level of abuse or dependency, if any, and contain a recommendation as to the appropriate level of treatment if treatment is indicated. A person who disagrees with the initial assessment may, at the person's expense, obtain a second assessment provided by a licensed addiction counselor or program that meets the requirements of subsection (9).


(d) The treatment provided must be at a level appropriate to the person's alcohol or drug problem, or both, if any, as determined by a licensed addiction counselor pursuant to diagnosis and patient placement rules adopted by the department of public health and human services. Upon the determination, the court shall order the appropriate level of treatment, if any. If more than one counselor makes a determination, the court shall order an appropriate level of treatment based upon the determination of one of the counselors.


(e) Each counselor providing treatment shall, at the commencement of the course of treatment, notify the court that the person has been enrolled in a chemical dependency treatment program. If the person fails to attend the treatment program, the counselor shall notify the court of the failure.


(f) The court shall report to the department of public health and human services the name of any person who is convicted under this section. The department of public health and human services shall maintain a list of those persons who have been convicted under this section. This list must be made available upon request to peace officers and to any court.


(9)(a) A community-based substance abuse information course required under subsection (2)(a)(i)(B), (2)(a)(ii)(B), (2)(a)(iii), or (3)(a)(iii) must be:


(i) approved by the department of public health and human services under 53-24-208 or by a court or provided under a contract with the department of corrections; or


(ii) provided by a hospital licensed under Title 50, chapter 5, part 2, that provides chemical dependency services and that is accredited by the joint commission on accreditation of healthcare organizations to provide chemical dependency services.


(b) An alcohol information course required under subsection (3)(b)(iii) or (3)(c)(iii) must be provided at an alcohol treatment program:


(i) approved by the department of public health and human services under 53-24-208 or by a court or provided under a contract with the department of corrections; or


(ii) provided by a hospital licensed under Title 50, chapter 5, part 2, that provides chemical dependency services and that is accredited by the joint commission on accreditation of healthcare organizations to provide chemical dependency services.


(c) A chemical dependency assessment required under subsection (8) must be completed at a treatment program:


(i) approved by the department of public health and human services under 53-24-208 or by a court or provided under a contract with the department of corrections; or


(ii) provided by a hospital licensed under Title 50, chapter 5, part 2, that provides chemical dependency services and that is accredited by the joint commission on accreditation of healthcare organizations to provide chemical dependency services.


(10) Information provided or statements made by a person under 21 years of age to a health care provider or law enforcement personnel regarding an alleged offense against that person under Title 45, chapter 5, part 5, may not be used in a prosecution of that person under this section. This subsection's protection also extends to a person who helps the victim obtain medical or other assistance or report the offense to law enforcement personnel.


CREDIT(S)


Enacted 94-5-610 by Laws 1973, ch. 513, § 1. Amended by Laws 1974, ch. 87, § 1; amended by Laws 1977, ch. 536, § 1; Revised Code of Montana 1947, 94-5-610; amended app. Nov. 7, 1978, Ref. 74, § 3; amended by Laws 1985, ch. 105, § 1; amended by Laws 1987, ch. 217, § 5; amended by Laws 1987, ch. 609, § 65; amended by Laws 1989, ch. 412, § 1; amended by Laws 1989, ch. 448, § 5; amended by Laws 1989, ch. 477, § 1; amended by Laws 1991, ch. 502, § 1; amended by Laws 1993, ch. 233, § 1; amended by Laws 1995, ch. 481, § 6; amended by Laws 1997, ch. 42, § 194; amended by Laws 1997, ch. 182, § 1; amended by Laws 1997, ch. 550, § 54; amended by Laws 2001, ch. 23, § 14; amended by Laws 2001, ch. 64, § 1; amended by Laws 2001, ch. 498, §§ 3, 5; amended by Laws 2003, ch. 611, § 1; amended by Laws 2005, ch. 183, § 1; amended by Laws 2005, ch. 546, § 1; amended by Laws 2007, ch. 245, § 1.


CONTINGENT TERMINATION


<Laws 1987, ch. 217, § 9(2), provides:>


<“If the United States congress repeals or removes or a final judgment invalidates the provisions of federal law that require states to raise the legal age for purchasing and possessing alcoholic beverages to 21 as a condition of full receipt of federal highway funds, the governor of Montana shall immediately certify the fact of the repeal, removal, or invalidation to the secretary of state of Montana. This act terminates on the date of such certification.”>


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.




MCA 45-5-625

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 5. Offenses Against the Person

Part 6. Offenses Against the Family

45-5-625. Sexual abuse of children


(1) A person commits the offense of sexual abuse of children if the person:


(a) knowingly employs, uses, or permits the employment or use of a child in an exhibition of sexual conduct, actual or simulated;


(b) knowingly photographs, films, videotapes, develops or duplicates the photographs, films, or videotapes, or records a child engaging in sexual conduct, actual or simulated;


(c) knowingly, by any means of communication, including electronic communication, persuades, entices, counsels, or procures a child under 16 years of age or a person the offender believes to be a child under 16 years of age to engage in sexual conduct, actual or simulated;


(d) knowingly processes, develops, prints, publishes, transports, distributes, sells, exhibits, or advertises any visual or print medium, including a medium by use of electronic communication in which a child is engaged in sexual conduct, actual or simulated;


(e) knowingly possesses any visual or print medium, including a medium by use of electronic communication in which a child is engaged in sexual conduct, actual or simulated;


(f) finances any of the activities described in subsections (1)(a) through (1)(d) and (1)(g), knowing that the activity is of the nature described in those subsections;


(g) possesses with intent to sell any visual or print medium, including a medium by use of electronic communication in which a child is engaged in sexual conduct, actual or simulated;


(h) knowingly travels within, from, or to this state with the intention of meeting a child under 16 years of age or a person the offender believes to be a child under 16 years of age in order to engage in sexual conduct, actual or simulated; or


(i) knowingly coerces, entices, persuades, arranges for, or facilitates a child under 16 years of age or a person the offender believes to be a child under 16 years of age to travel within, from, or to this state with the intention of engaging in sexual conduct, actual or simulated.


(2)(a) Except as provided in subsection (2)(b), (2)(c), or (4), a person convicted of the offense of sexual abuse of children shall be punished by life imprisonment or by imprisonment in the state prison for a term not to exceed 100 years and may be fined not more than $10,000.


(b) Except as provided in 46-18-219, if the victim is under 16 years of age, a person convicted of the offense of sexual abuse of children shall be punished by life imprisonment or by imprisonment in the state prison for a term of not less than 4 years or more than 100 years and may be fined not more than $10,000.


(c) Except as provided in 46-18-219, a person convicted of the offense of sexual abuse of children for the possession of material, as provided in subsection (1)(e), shall be fined not to exceed $10,000 or be imprisoned in the state prison for a term not to exceed 10 years, or both.


(3) An offense is not committed under subsections (1)(d) through (1)(g) if the visual or print medium is processed, developed, printed, published, transported, distributed, sold, possessed, or possessed with intent to sell, or if the activity is financed, as part of a sexual offender information or treatment course or program conducted or approved by the department of corrections.


(4)(a) If the victim was 12 years of age or younger and the offender was 18 years of age or older at the time of the offense, the offender:


(i) shall be punished by imprisonment in a state prison for a term of 100 years. The court may not suspend execution or defer imposition of the first 25 years of a sentence of imprisonment imposed under this subsection (4)(a)(i) except as provided in 46-18-222, and during the first 25 years of imprisonment, the offender is not eligible for parole.


(ii) may be fined an amount not to exceed $50,000; and


(iii) shall be ordered to enroll in and successfully complete the educational phase and the cognitive and behavioral phase of a sexual offender treatment program provided or approved by the department of corrections.


(b) If the offender is released after the mandatory minimum period of imprisonment, the offender is subject to supervision by the department of corrections for the remainder of the offender's life and shall participate in the program for continuous, satellite-based monitoring provided for in 46-23-1010.


(5) As used in this section, the following definitions apply:


(a) “Electronic communication” means a sign, signal, writing, image, sound, data, or intelligence of any nature transmitted or created in whole or in part by a wire, radio, electromagnetic, photoelectronic, or photo-optical system.


(b) “Sexual conduct” means:


(i) actual or simulated:


(A) sexual intercourse, whether between persons of the same or opposite sex;


(B) penetration of the vagina or rectum by any object, except when done as part of a recognized medical procedure;


(C) bestiality;


(D) masturbation;


(E) sadomasochistic abuse;


(F) lewd exhibition of the genitals, breasts, pubic or rectal area, or other intimate parts of any person; or


(G) defecation or urination for the purpose of the sexual stimulation of the viewer; or


(ii) depiction of a child in the nude or in a state of partial undress with the purpose to abuse, humiliate, harass, or degrade the child or to arouse or gratify the person's own sexual response or desire or the sexual response or desire of any person.


(c) “Simulated” means any depicting of the genitals or pubic or rectal area that gives the appearance of sexual conduct or incipient sexual conduct.


(d) “Visual medium” means:


(i) any film, photograph, videotape, negative, slide, or photographic reproduction that contains or incorporates in any manner any film, photograph, videotape, negative, or slide; or


(ii) any disk, diskette, or other physical media that allows an image to be displayed on a computer or other video screen and any image transmitted to a computer or other video screen by telephone line, cable, satellite transmission, or other method.


CREDIT(S)


Enacted by Laws 1979, ch. 505, § 1. Amended by Laws 1993, ch. 638, § 1; amended by Laws 1995, ch. 187, § 2; amended by Laws 1995, ch. 482, § 9; amended by Laws 1995, ch. 546, § 200; amended by Laws 1995, ch. 550, § 5; amended by Laws 2003, ch. 344, § 2; amended by Laws 2005, ch. 364, § 2; amended by Laws 2007, ch. 29, § 1; amended by Laws 2007, ch. 483, § 11; amended by Laws 2009, ch. 198, § 1, eff. Oct. 1, 2009.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-5-626

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 5. Offenses Against the Person

Part 6. Offenses Against the Family

45-5-626. Violation of order of protection


(1) A person commits the offense of violation of an order of protection if the person, with knowledge of the order, purposely or knowingly violates a provision of any order provided for in 40-4-121 or an order of protection under Title 40, chapter 15. It may be inferred that the defendant had knowledge of an order at the time of an offense if the defendant had been served with the order before the time of the offense. Service of the order is not required upon a showing that the defendant had knowledge of the order and its content.


(2) Only the respondent under an order of protection may be cited for a violation of the order. The petitioner who filed for an order of protection may not be cited for a violation of that order of protection.


(3) An offender convicted of violation of an order of protection shall be fined not to exceed $500 or be imprisoned in the county jail for a term not to exceed 6 months, or both, for a first offense. Upon conviction for a second offense, an offender shall be fined not less than $200 and not more than $500 and be imprisoned in the county jail not less than 24 hours and not more than 6 months. Upon conviction for a third or subsequent offense, an offender shall be fined not less than $500 and not more than $2,000 and be imprisoned in the county jail or state prison for a term not less than 10 days and not more than 2 years.


CREDIT(S)


Enacted by Laws 1985, ch. 526, § 9. Amended by Laws 1995, ch. 350, § 12.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-5-627

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 5. Offenses Against the Person

Part 6. Offenses Against the Family

45-5-627. Ritual abuse of minor--exceptions--penalty


(1) A person commits the offense of ritual abuse of a minor if the person purposely or knowingly and as part of any ceremony, rite, or ritual or of any training or practice for any ceremony, rite, or ritual:


(a) has sexual intercourse without consent with a person less than 16 years of age; commits assault, aggravated assault, assault on a minor, or assault with a weapon against a victim less than 16 years of age; or kills a person less than 16 years of age;


(b) actually or by simulation tortures, mutilates, or sacrifices an animal or person in the presence of the minor;


(c) dissects, mutilates, or incinerates a human corpse or remains in the presence of the minor;


(d) forces upon the minor or upon another person in the presence of a minor the ingestion or the external bodily application of human or animal urine, feces, flesh, blood, bone, or bodily secretions or drugs or chemical compounds;


(e) places a living minor or another living person in the presence of a minor in a coffin or open grave that is empty or that contains a human corpse or remains; or


(f) threatens the minor or, in the presence of the minor, threatens any person or animal with death or serious bodily harm and the minor reasonably believes that the threat will or may be carried out.


(2) This section does not apply to activities, practices, and procedures otherwise allowed by law.


(3) Except as provided in 46-18-219, a person convicted of ritual abuse of a minor shall:


(a) for the first offense, be imprisoned in the state prison for a term of not less than 2 years or more than 20 years and may be fined not more than $50,000, or both; and


(b) for a second or subsequent offense, be imprisoned in the state prison for any term of not less than 2 years or more than 40 years and may be fined not more than $50,000, or both.


(4) In addition to any sentence imposed under subsection (3), after determining pursuant to 46-18-242 the financial resources and future ability of the offender to pay restitution, the court shall require the offender, if able, to pay the victim's reasonable costs of counseling that result from the offense. The amount, method, and time of payment must be determined in the same manner as provided for in 46-18-244.


CREDIT(S)


Enacted by Laws 1993, ch. 560, § 1. Amended by Laws 1995, ch. 482, § 10; amended by Laws 1999, ch. 432, § 9.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.




MCA 45-5-628

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 5. Offenses Against the Person

Part 6. Offenses Against the Family

45-5-628 to 45-5-630. Reserved


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-5-630

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 5. Offenses Against the Person

Part 6. Offenses Against the Family

45-5-628 to 45-5-630. Reserved


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-5-631

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 5. Offenses Against the Person

Part 6. Offenses Against the Family

45-5-631. Interference with parent-child contact


(1) A person who has been granted parent-child contact under a parenting plan commits the offense of interference with parent-child contact if the person knowingly or purposely prevents, obstructs, or frustrates the rights of another person entitled to parent-child contact under an existing court order.


(2) A person convicted of the offense of interference with parent-child contact shall be fined an amount not to exceed $500 or be imprisoned in the county jail for a term not to exceed 5 days, or both.


CREDIT(S)


Enacted by Laws 1987, ch. 493, § 1. Amended by Laws 1997, ch. 343, § 36.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-5-632

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 5. Offenses Against the Person

Part 6. Offenses Against the Family

45-5-632. Aggravated interference with parent-child contact


(1) A person who commits the offense of interference with parent-child contact by changing the residence of the minor child to another state without giving written notice as required in 40-4-217, unless the notice requirement has been precluded under 40-4-234, or without written consent of the person entitled to parent-child contact pursuant to an existing court order commits the offense of aggravated interference with parent-child contact.


(2) A person convicted of the offense of aggravated interference with parent-child contact shall be fined an amount not to exceed $1,000 or be imprisoned in the state prison for a term not to exceed 18 months, or both.


CREDIT(S)


Enacted by Laws 1987, ch. 493, § 2. Amended by Laws 1997, ch. 343, § 37.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-5-633

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 5. Offenses Against the Person

Part 6. Offenses Against the Family

45-5-633. Defenses to interference with parent-child contact and aggravated interference with parent-child contact


(1) A person does not commit the offense of interference with parent-child contact or aggravated interference with parent-child contact if the person acts:


(a) with the consent of the person entitled to parent-child contact;


(b) under an existing court order; or


(c) with reasonable cause.


(2) Return of the child before arrest is a defense only with respect to the first commission of interference with parent-child contact or aggravated interference with parent-child contact.


CREDIT(S)


Enacted by Laws 1987, ch. 493, § 3. Amended by Laws 1997, ch. 343, § 38.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-5-634

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 5. Offenses Against the Person

Part 6. Offenses Against the Family

45-5-634. Parenting interference


(1) A person commits the offense of parenting interference if, knowing that the person has no legal right to do so, the person:


(a) before the entry of a court order determining parenting rights, takes, entices, or withholds a child from the other parent when the action manifests a purpose to substantially deprive that parent of parenting rights; or


(b) is one of two persons who has parenting authority of a child under a court order and takes, entices, or withholds the child from the other when the action manifests a purpose to substantially deprive the other parent of parenting rights.


(2) A person convicted of the offense of parenting interference shall be imprisoned in the state prison for any term not to exceed 10 years or be fined an amount not to exceed $50,000, or both.


(3) With respect to the first alleged commission of the offense only, a person who has not left the state does not commit an offense under this section if the person voluntarily returns the child before arraignment. With respect to the first alleged commission of the offense only, a person who has left the state does not commit an offense under this section if the person voluntarily returns the child before arrest.


CREDIT(S)


Enacted by Laws 1997, ch. 343, § 35.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-5-635

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 5. Offenses Against the Person

Part 6. Offenses Against the Family

45-5-635, 45-5-636. Reserved


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-5-636

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 5. Offenses Against the Person

Part 6. Offenses Against the Family

45-5-635, 45-5-636. Reserved


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-5-637

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 5. Offenses Against the Person

Part 6. Offenses Against the Family

45-5-637. Tobacco possession or consumption by persons under 18 years of age prohibited--unlawful attempt to purchase--penalties


(1) A person under 18 years of age who knowingly possesses or consumes a tobacco product, as defined in 16-11-302, commits the offense of possession or consumption of a tobacco product.


(2) A person convicted of possession or consumption of a tobacco product:


(a) shall be fined $50 for a first offense, no less than $75 or more than $100 for a second offense, and no less than $100 or more than $250 for a third or subsequent offense; or


(b) may be adjudicated on a petition alleging the person to be a youth in need of intervention under the provisions of the Montana Youth Court Act provided for in Title 41, chapter 5.


(3) A person convicted of possession or consumption of a tobacco product may also be required to perform community service or to attend a tobacco cessation program.


(4) A person under 18 years of age commits the offense of attempt to purchase a tobacco product if the person knowingly attempts to purchase a tobacco product, as defined in 16-11-302. A person convicted of attempt to purchase a tobacco product:


(a) for a first offense, shall be fined $50 and may be ordered to perform community service;


(b) for a second or subsequent offense, shall be fined an amount not to exceed $100 and may be ordered to perform community service.


(5) The fines collected under subsections (2) and (4) must be deposited to the credit of the general fund of the local government that employs the arresting officer, or if the arresting officer is an officer of the highway patrol, the fines must be credited to the county general fund in the county in which the arrest was made.


CREDIT(S)


Enacted by Laws 1995, ch. 376, § 1. Amended by Laws 1997, ch. 550, § 55; amended by Laws 2001, ch. 498, § 4.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-6-101

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 6. Offenses Against Property

Part 1. Criminal Mischief and Arson

45-6-101. Criminal mischief


(1) A person commits the offense of criminal mischief if the person knowingly or purposely:


(a) injures, damages, or destroys any property of another or public property without consent;


(b) without consent tampers with property of another or public property so as to endanger or interfere with persons or property or its use;


(c) damages or destroys property with the purpose to defraud an insurer; or


(d) fails to close a gate previously unopened that the person has opened, leading in or out of any enclosed premises. This does not apply to gates located in cities or towns.


(2) A person convicted of criminal mischief must be ordered to make restitution in an amount and manner to be set by the court. The court shall determine the manner and amount of restitution after full consideration of the convicted person's ability to pay the restitution. Upon good cause shown by the convicted person, the court may modify any previous order specifying the amount and manner of restitution. Full payment of the amount of restitution ordered must be made prior to the release of state jurisdiction over the person convicted.


(3) A person convicted of the offense of criminal mischief shall be fined not to exceed $1,500 or be imprisoned in the county jail for any term not to exceed 6 months, or both. If the offender commits the offense of criminal mischief and causes pecuniary loss in excess of $1,500, injures or kills a commonly domesticated hoofed animal, or causes a substantial interruption or impairment of public communication, transportation, supply of water, gas, or power, or other public services, the offender shall be fined an amount not to exceed $50,000 or be imprisoned in the state prison for a term not to exceed 10 years, or both.


(4) Amounts involved in criminal mischiefs committed pursuant to a common scheme or the same transaction, whether against the public or the same person or several persons, may be aggregated in determining pecuniary loss.


(5) A person convicted of or who forfeits bond or bail for committing an act of criminal mischief involving property owned or administered by the department of fish, wildlife, and parks shall forfeit any current hunting, fishing, or trapping license issued by this state and the privilege to hunt, fish, or trap in this state for at least 24 months from the date of conviction or forfeiture.


CREDIT(S)


Enacted 94-6-102 by Laws 1973, ch. 513, § 1. Amended by Laws 1975, ch. 88, § 1; Revised Code of Montana 1947, 94-6-102; amended by Laws 1981, ch. 198, § 7; amended by Laws 1981, ch. 560, § 3; amended by Laws 1983, ch. 581, § 1; amended by Laws 1989, ch. 98, § 1; amended by Laws 1993, ch. 616, § 2; amended by Laws 1999, ch. 397, § 3; amended by Laws 2009, ch. 121, § 2, eff. Oct. 1, 2009; amended by Laws 2009, ch. 473, § 2, eff. Oct. 1, 2009; amended by Laws 2011, ch. 258, § 82, eff. Oct. 1, 2011.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-6-102

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 6. Offenses Against Property

Part 1. Criminal Mischief and Arson

45-6-102. Negligent arson


(1) A person commits the offense of negligent arson if the person purposely or knowingly starts a fire or causes an explosion, whether on the person's own property or property of another, and thereby negligently:


(a) places another person in danger of death or bodily injury, including a firefighter responding to or at the scene of a fire or explosion; or


(b) places property of another in danger of damage or destruction.


(2) A person convicted of the offense of negligent arson shall be fined not to exceed $500 or be imprisoned in the county jail for any term not to exceed 6 months, or both. If the offender places another person in danger of death or bodily injury, the offender shall be fined not to exceed $50,000 or be imprisoned in the state prison for any term not to exceed 10 years, or both.


CREDIT(S)


Enacted 94-6-103 by Laws 1973, ch. 513, § 1; Revised Code of Montana 1947, 94-6-103. Amended by Laws 1981, ch. 198, § 7; amended by Laws 1985, ch. 590, § 1; amended by Laws 2009, ch. 56, § 1662, eff. Oct. 1, 2009.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-6-103

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 6. Offenses Against Property

Part 1. Criminal Mischief and Arson

45-6-103. Arson


(1) A person commits the offense of arson when, by means of fire or explosives, the person knowingly or purposely:


(a) damages or destroys a structure, vehicle, personal property (other than a vehicle) that exceeds $1,500 in value, crop, pasture, forest, or other real property that is property of another without consent;


(b) damages or destroys a structure, vehicle, crop, pasture, forest, or other property that the person owns or has a possessory interest in, with the purpose of obtaining a pecuniary or other gain through fraud or deception; or


(c) places another person in danger of death or bodily injury, including a firefighter responding to or at the scene of a fire or explosion.


(2) A person convicted of the offense of arson shall be imprisoned in the state prison for a term not to exceed 20 years or be fined an amount not to exceed $50,000, or both.


CREDIT(S)


Enacted 94-6-104 by Laws 1973, ch. 513, § 1. Amended by Laws 1975, ch. 261, § 1; Revised Code of Montana 1947, 94-6-104; amended by Laws 1981, ch. 198, § 7; amended by Laws 1985, ch. 590, § 2; amended by Laws 1995, ch. 124, § 1; amended by Laws 1999, ch. 397, § 4; amended by Laws 2009, ch. 473, § 3, eff. Oct. 1, 2009.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-6-104

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 6. Offenses Against Property

Part 1. Criminal Mischief and Arson

45-6-104. Desecration of capitol, place of worship, cemetery, or public memorial


(1) In this section, “capitol” means the Montana state capitol building and any permanent monuments on the capitol grounds.


(2) A person commits the offense of desecration if the person purposely:


(a) defiles or defaces the capitol or a place of worship, cemetery, or public memorial;


(b) places on or attaches to the capitol or a place of worship, cemetery, or public memorial any mark, design, or material not properly a part of the capitol, place of worship, cemetery, or public memorial; or


(c) injures, damages, or destroys any portion of the capitol or of a place of worship, cemetery, or public memorial.


(3) A person convicted of the offense of desecration shall be:


(a) incarcerated for any term not to exceed 6 months or be fined an amount not to exceed $500, or both, if the damage does not exceed $1,500; or


(b) imprisoned in the state prison for any term not to exceed 10 years or be fined an amount not to exceed $50,000, or both, if there is $1,500 or more of damage.


(4) With regard to the capitol, this section does not apply to displays or actions authorized by the department of administration.


CREDIT(S)


Enacted by Laws 1995, ch. 533, § 1. Amended by Laws 1999, ch. 141, § 1; amended by Laws 2009, ch. 473, § 4, eff. Oct. 1, 2009.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-6-105

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 6. Offenses Against Property

Part 1. Criminal Mischief and Arson

45-6-105. Criminal destruction of or tampering with communication device


(1) A person commits the offense of criminal destruction of or tampering with a communication device if the person purposely or knowingly destroys or tampers with a telephone or other communication device to obstruct, prevent, or interfere with:


(a) the report to any law enforcement agency of any actual criminal offense;


(b) the report to any law enforcement agency of any actual bodily injury or property damage; or


(c) a request made to any governmental agency or to any hospital, doctor, or other medical provider for necessary ambulance or emergency medical assistance.


(2) A person destroys or tampers with a communication device by making the communication device unusable or inoperable, by interrupting its use, or by making it inaccessible.


(3) A person convicted of the offense of criminal destruction of or tampering with a communication device shall be fined an amount not to exceed $1,000 or imprisoned in the county jail for a term not to exceed 6 months, or both.


CREDIT(S)


Enacted by Laws 2007, ch. 413, § 1.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-6-106

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 6. Offenses Against Property

Part 1. Criminal Mischief and Arson

45-6-106. Criminal mischief damage to rental property


(1) A tenant commits the offense of criminal mischief damage to rental property if the tenant purposely or knowingly destroys, defaces, damages, impairs, or removes any part of the premises with a value of at least $1,000 or permits any person to do so in violation of 70-24-321(2) or 70-33-321(3).


(2) A person convicted of the offense of criminal mischief damage to rental property shall be fined an amount not to exceed $1,000 or be imprisoned in the county jail for a term not to exceed 6 months, or both.


(3) A person convicted of criminal mischief damage to rental property must be ordered to make restitution in an amount and manner to be set by the court pursuant to 46-18-201(5) and 46-18-241 through 46-18-249.


(4) A prosecution under this section is independent of and does not constitute a waiver of any of the rights, duties, obligations, and remedies otherwise provided for under Title 70, chapter 24 or 33.


(5) A person convicted of criminal mischief damage to rental property under this section is not subject to the provisions of 45-6-101.


CREDIT(S)


Enacted by Laws 2009, ch. 466, § 1, eff. May 6, 2009. Amended by Laws 2011, ch. 220, § 1, eff. April 18, 2011.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-6-201

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 6. Offenses Against Property

Part 2. Criminal Trespass and Burglary

45-6-201. Definition of enter or remain unlawfully


(1) A person enters or remains unlawfully in or upon any vehicle, occupied structure, or premises when the person is not licensed, invited, or otherwise privileged to do so. Privilege to enter or remain upon land is extended either by the explicit permission of the landowner or other authorized person or by the failure of the landowner or other authorized person to post notice denying entry onto private land. The privilege may be revoked at any time by personal communication of notice by the landowner or other authorized person to the entering person.


(2) To provide for effective posting of private land through which the public has no right-of-way, the notice provided for in subsection (1) must satisfy the following requirements:


(a) notice must be placed on a post, structure, or natural object by marking it with written notice or with not less than 50 square inches of fluorescent orange paint, except that when metal fenceposts are used, the entire post must be painted; and


(b) the notice described in subsection (2)(a) must be placed at each outer gate and normal point of access to the property, including both sides of a water body crossing the property wherever the water body intersects an outer boundary line.


(3) To provide for effective posting of private land through which or along which the public has an unfenced right-of-way by means of a public road, a landowner shall:


(a) place a conspicuous sign no closer than 30 feet of the centerline of the roadway where it enters the private land, stating words substantially similar to “PRIVATE PROPERTY, NO TRESPASSING OFF ROAD NEXT ... MILES”; or


(b) place notice, as described in subsection (2)(a), no closer than 30 feet of the centerline of the roadway at regular intervals of not less than one-fourth mile along the roadway where it borders unfenced private land, except that orange markings may not be placed on posts where the public roadway enters the private land.


(4) If property has been posted in substantial compliance with subsection (2) or (3), it is considered closed to public access unless explicit permission to enter is given by the landowner or the landowner's authorized agent.


(5) The department of fish, wildlife, and parks shall attempt to educate and inform all persons holding hunting, fishing, or trapping licenses or permits by including on any publication concerning the licenses or permits, in condensed form, the provisions of this section concerning entry on private land. The department shall use public media, as well as its own publications, in attempting to educate and inform other recreational users of the provisions of this section. In the interests of providing the public with clear information regarding the public nature of certain unfenced rural rights-of-way, the department may develop and distribute posting signs that satisfy the requirements of subsection (3).


(6) For purposes of this section, “land” means land as defined in 70-15-102.


(7) Civil liability may not be imposed upon the owner or occupier of premises by reason of any privilege created by this section.


CREDIT(S)


Enacted 94-6-201 by Laws 1973, ch. 513, § 1. Amended by Laws 1977, ch. 359, § 21; Revised Code of Montana 1947, 94-6-201; amended by Laws 1985, ch. 599, § 1; amended by Laws 1991, ch. 268, § 1; amended by Laws 2009, ch. 56, § 1663, eff. Oct. 1, 2009.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-6-202

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 6. Offenses Against Property

Part 2. Criminal Trespass and Burglary

45-6-202. Criminal trespass to vehicles


(1) A person commits the offense of criminal trespass to vehicles when the person purposely or knowingly and without authority enters any vehicle or any part of a vehicle.


(2) A person convicted of the offense of criminal trespass to vehicles shall be fined not to exceed $500 or be imprisoned in the county jail for any term not to exceed 6 months, or both.


CREDIT(S)


Enacted 94-6-202 by Laws 1973, ch. 513, § 1; Revised Code of Montana 1947, 94-6-202. Amended by Laws 2009, ch. 56, § 1664, eff. Oct. 1, 2009.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-6-203

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 6. Offenses Against Property

Part 2. Criminal Trespass and Burglary

45-6-203. Criminal trespass to property


(1) Except as provided in 15-7-139, 70-16-111, and 76-13-116, a person commits the offense of criminal trespass to property if the person knowingly:


(a) enters or remains unlawfully in an occupied structure; or


(b) enters or remains unlawfully in or upon the premises of another.


(2) A person convicted of the offense of criminal trespass to property shall be fined not to exceed $500 or be imprisoned in the county jail for any term not to exceed 6 months, or both.


(3) A person convicted of or who forfeits bond or bail for committing an act of criminal trespass involving property owned or administered by the department of fish, wildlife, and parks or while hunting, fishing, or trapping may be subject to revocation of the person's privilege to hunt, fish, or trap in this state for up to 24 months from the date of conviction or forfeiture.


CREDIT(S)


Enacted 94-6-203 by Laws 1973, ch. 513, § 1; Revised Code of Montana 1947, 94-6-203. Amended by Laws 1993, ch. 604, § 1; amended by Laws 2003, ch. 5, § 4; amended by Laws 2007, ch. 336, § 2; amended by Laws 2009, ch. 121, § 3, eff. Oct. 1, 2009; amended by Laws 2011, ch. 258, § 83, eff. Oct. 1, 2011.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-6-204

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 6. Offenses Against Property

Part 2. Criminal Trespass and Burglary

45-6-204. Burglary


(1) A person commits the offense of burglary if the person knowingly enters or remains unlawfully in an occupied structure and:


(a) the person has the purpose to commit an offense in the occupied structure; or


(b) the person knowingly or purposely commits any other offense within that structure.


(2) A person commits the offense of aggravated burglary if the person knowingly enters or remains unlawfully in an occupied structure and:


(a)(i) the person has the purpose to commit an offense in the occupied structure; or


(ii) the person knowingly or purposely commits any other offense within that structure; and


(b) in effecting entry or in the course of committing the offense or in immediate flight after effecting entry or committing the offense:


(i) the person or another participant in the offense is armed with explosives or a weapon; or


(ii) the person purposely, knowingly, or negligently inflicts or attempts to inflict bodily injury upon anyone.


(3) A person convicted of the offense of burglary shall be imprisoned in the state prison for any term not to exceed 20 years or be fined an amount not to exceed $50,000, or both. A person convicted of the offense of aggravated burglary shall be imprisoned in the state prison for any term not to exceed 40 years or be fined an amount not to exceed $50,000, or both.


CREDIT(S)


Enacted 94-6-204 by Laws 1973, ch. 513, § 1. Amended by Laws 1975, ch. 260, § 1; Revised Code of Montana 1947, 94-6-204; amended by Laws 1981, ch. 198, § 7; amended by Laws 1987, ch. 357, § 1; amended by Laws 2009, ch. 56, § 1665, eff. Oct. 1, 2009; amended by Laws 2009, ch. 263, § 1, eff. Oct. 1, 2009.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-6-205

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 6. Offenses Against Property

Part 2. Criminal Trespass and Burglary

45-6-205. Possession of burglary tools


(1) A person commits the offense of possession of burglary tools when the person knowingly possesses any key, tool, instrument, device, or explosive suitable for breaking into an occupied structure, a vehicle, or any depository designed for the safekeeping of property or any part of the occupied structure, vehicle, or depository with the purpose to commit an offense.


(2) A person convicted of possession of burglary tools shall be fined not to exceed $500 or be imprisoned in the county jail for any term not to exceed 6 months, or both.


CREDIT(S)


Enacted 94-6-205 by Laws 1973, ch. 513, § 1; Revised Code of Montana 1947, 94-6-205. Amended by Laws 2009, ch. 56, § 1666, eff. Oct. 1, 2009.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-6-301

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 6. Offenses Against Property

Part 3. Theft and Related Offenses

45-6-301. Theft


(1) A person commits the offense of theft when the person purposely or knowingly obtains or exerts unauthorized control over property of the owner and:


(a) has the purpose of depriving the owner of the property;


(b) purposely or knowingly uses, conceals, or abandons the property in a manner that deprives the owner of the property; or


(c) uses, conceals, or abandons the property knowing that the use, concealment, or abandonment probably will deprive the owner of the property.


(2) A person commits the offense of theft when the person purposely or knowingly obtains by threat or deception control over property of the owner and:


(a) has the purpose of depriving the owner of the property;


(b) purposely or knowingly uses, conceals, or abandons the property in a manner that deprives the owner of the property; or


(c) uses, conceals, or abandons the property knowing that the use, concealment, or abandonment probably will deprive the owner of the property.


(3) A person commits the offense of theft when the person purposely or knowingly obtains control over stolen property knowing the property to have been stolen by another and:


(a) has the purpose of depriving the owner of the property;


(b) purposely or knowingly uses, conceals, or abandons the property in a manner that deprives the owner of the property; or


(c) uses, conceals, or abandons the property knowing that the use, concealment, or abandonment probably will deprive the owner of the property.


(4) A person commits the offense of theft when the person purposely or knowingly obtains or exerts unauthorized control over any part of any public assistance provided under Title 52 or 53 by a state or county agency, regardless of the original source of assistance, by means of:


(a) a knowingly false statement, representation, or impersonation; or


(b) a fraudulent scheme or device.


(5) A person commits the offense of theft when the person purposely or knowingly obtains or exerts or helps another obtain or exert unauthorized control over any part of any benefits provided under Title 39, chapter 71, by means of:


(a) a knowingly false statement, representation, or impersonation; or


(b) deception or other fraudulent action.


(6)(a) A person commits the offense of theft when the person purposely or knowingly commits insurance fraud as provided in 33-1-1202 or 33-1-1302;


(b) purposely or knowingly diverts or misappropriates insurance premiums as provided in 33-17-1102; or


(c) purposely or knowingly receives small business health insurance premium incentive payments or premium assistance payments or tax credits under Title 33, chapter 22, part 20, to which the person is not entitled.


(7) A person commits the offense of theft of property by embezzlement when, with the purpose to deprive the owner of the property, the person:


(a) purposely or knowingly obtains or exerts unauthorized control over property of the person's employer or over property entrusted to the person; or


(b) purposely or knowingly obtains by deception control over property of the person's employer or over property entrusted to the person.


(8)(a) Except as provided in subsection (8)(b), a person convicted of the offense of theft of property not exceeding $1,500 in value shall be fined an amount not to exceed $1,500 or be imprisoned in the county jail for a term not to exceed 6 months, or both. A person convicted of a second offense shall be fined $1,500 or be imprisoned in the county jail for a term not to exceed 6 months, or both. A person convicted of a third or subsequent offense shall be fined $1,500 and be imprisoned in the county jail for a term of not less than 30 days or more than 6 months.


(b)(i) Except as provided in subsection (8)(c), a person convicted of the offense of theft of property exceeding $1,500 in value or theft of any amount of anhydrous ammonia for the purpose of manufacturing dangerous drugs shall be fined an amount not to exceed $50,000 or be imprisoned in a state prison for a term not to exceed 10 years, or both.


(ii) A person convicted of the theft of any commonly domesticated hoofed animal shall be fined an amount of not less than $5,000 or more than $50,000 or be imprisoned in a state prison for a term not to exceed 10 years, or both. If a prison term is deferred, the court shall order the offender to perform 416 hours of community service during a 1-year period, in the offender's county of residence. In addition to the fine and imprisonment, the offender's property is subject to criminal forfeiture pursuant to 45-6-328 and 45-6-329.


(c) A person convicted of the offense of theft of property exceeding $10,000 in value by embezzlement shall be imprisoned in a state prison for a term of not less than 1 year or more than 10 years and may be fined an amount not to exceed $50,000. The court may, in its discretion, place the person on probation with the requirement that restitution be made under terms set by the court. If the terms are not met, the required prison term may be ordered.


(9) Amounts involved in thefts committed pursuant to a common scheme or the same transaction, whether from the same person or several persons, may be aggregated in determining the value of the property.


CREDIT(S)


Enacted 94-6-302 by Laws 1973, ch. 513, § 1. Amended by Laws 1977, ch. 359, § 22; Revised Code of Montana 1947, 94-6-302; amended by Laws 1979, ch. 374, § 1; amended by Laws 1981, ch. 198, § 7; amended by Laws 1983, ch. 581, § 2; amended by Laws 1985, ch. 670, § 21; amended by Laws 1987, ch. 464, § 65; amended by Laws 1991, ch. 739, § 2; amended by Laws 1993, ch. 190, § 1; amended by Laws 1993, ch. 616, § 3; amended by Laws 1993, ch. 618, § 2; amended by Laws 1995, ch. 237, § 9; amended by Laws 1999, ch. 397, § 5; amended by Laws 2001, ch. 227, § 70; amended by Laws 2001, ch. 427, § 1; amended by Laws 2003, ch. 380, § 50; amended by Laws 2005, ch. 137, § 1; amended by Laws 2005, ch. 416, § 35; amended by Laws 2005, ch. 595, § 17; amended by Laws 2009, ch. 400, § 4, eff. April 28, 2009; amended by Laws 2009, ch. 473, § 5, eff. Oct. 1, 2009.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-6-302

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 6. Offenses Against Property

Part 3. Theft and Related Offenses

45-6-302. Theft of lost or mislaid property


(1) A person who obtains control over lost or mislaid property commits the offense of theft when the person:


(a) knows or learns the identity of the owner or knows, is aware of, or learns of a reasonable method of identifying the owner;


(b) fails to take reasonable measures to restore the property to the owner; and


(c) has the purpose of depriving the owner permanently of the use or benefit of the property.


(2) A person convicted of theft of lost or mislaid property shall be fined not to exceed $500 or be imprisoned in the county jail for a period not to exceed 6 months.


CREDIT(S)


Enacted 94-6-303 by Laws 1973, ch. 513, § 1; Revised Code of Montana 1947, 94-6-303. Amended by Laws 2009, ch. 56, § 1667, eff. Oct. 1, 2009.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-6-303

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 6. Offenses Against Property

Part 3. Theft and Related Offenses

45-6-303. Offender's interest in the property


(1) It is no defense to a charge of theft of property that the offender has an interest therein when the owner also has an interest to which the offender is not entitled.


(2) It is no defense that theft was from the offender's spouse, except that misappropriation of household and personal effects or other property normally accessible to both spouses is theft only if it occurs after the parties have ceased living together.


CREDIT(S)


Enacted 94-6-306 by Laws 1973, ch. 513, § 1; Revised Code of Montana 1947, 94-6-306.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-6-304

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 6. Offenses Against Property

Part 3. Theft and Related Offenses

45-6-304. Repealed by Laws 1991, ch. 188, § 2


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-6-305

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 6. Offenses Against Property

Part 3. Theft and Related Offenses

45-6-305. Theft of labor or services or use of property


(1) A person commits the offense of theft when the person obtains the temporary use of property, labor, or services of another that are available only for hire, by means of threat or deception or knowing that the use is without the consent of the person providing the property, labor, or services.


(2) A person convicted of theft of labor or services or use of property shall be fined not to exceed $500 or be imprisoned in the county jail for a term not to exceed 6 months, or both.


CREDIT(S)


Enacted 94-6-304 by Laws 1973, ch. 513, § 1; Revised Code of Montana 1947, 94-6-304. Amended by Laws 2009, ch. 56, § 1668, eff. Oct. 1, 2009.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-6-306

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 6. Offenses Against Property

Part 3. Theft and Related Offenses

45-6-306. Obtaining communication services with intent to defraud


In a prosecution under 45-6-305 for theft of telephone, telegraph, or cable television services, the element of deception is established by proof that the defendant obtained such services by any of the following means:


(1) by use of a code, prearranged scheme, or other similar stratagem or device whereby said person, in effect, sends or receives information;


(2) by installing, rearranging, or tampering with any facilities or equipment, whether physically, inductively, acoustically, or electronically;


(3) by any other trick, stratagem, impersonation, false pretense, false representation, false statement, contrivance, device, or means; or


(4) by making, assembling, or possessing any instrument, apparatus, equipment, or device or the plans or instructions for the making or assembling of any instrument, apparatus, equipment, or device which is designed, adapted, or otherwise intended to be used to avoid the lawful charge, in whole or in part, for any telecommunications service by concealing the existence, place of origin, or destination of any telecommunications.


CREDIT(S)


Enacted 94-6-304.1 by Laws 1974, ch. 156, § 1. Amended by Laws 1977, ch. 175, § 1; Revised Code of Montana 1947, 94-6-304.1.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-6-307

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 6. Offenses Against Property

Part 3. Theft and Related Offenses

45-6-307. Aiding the avoidance of telecommunications charges


(1) A person commits the offense of aiding the avoidance of telecommunications charges when the person:


(a) publishes the number or code of an existing, canceled, revoked, expired, or nonexistent telephone credit card or the numbering or coding that is employed in the issuance of credit cards with the purpose that it will be used to avoid the payment of lawful telecommunications charges;


(b) publishes, advertises, sells, gives, or otherwise transfers to another plans or instructions for the making or assembling of any apparatus, instrument, equipment, or device described in 45-6-306(4) with the purpose that it will be used or with the knowledge or reason to believe that it will be used to avoid the payment of lawful telecommunications charges; or


(c) manufactures, assembles, possesses, sells, gives, or otherwise transfers any apparatus, instrument, equipment, or device described in 45-6-306(4) with the purpose that it will be used to avoid the payment of lawful telecommunications charges.


(2) A person convicted of the offense of aiding the avoidance of telecommunications charges shall be fined not to exceed $500 or be imprisoned in the county jail for a term not to exceed 6 months, or both.


(3) For the purposes of this section, the term “publish” means to communicate information to any one or more persons, either orally; in person; by computer, telephone, radio, or television; or in a writing of any kind, including but not limited to a letter, memorandum, circular, handbill, newspaper or magazine article, or book.


CREDIT(S)


Enacted 94-6-304.2 by Laws 1977, ch. 175, § 2; Revised Code of Montana 1947, 94-6-304.2. Amended by Laws 1979, ch. 282, § 1; amended by Laws 1999, ch. 354, § 2.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-6-308

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 6. Offenses Against Property

Part 3. Theft and Related Offenses

45-6-308. Unauthorized use of motor vehicles


(1) A person commits the offense of unauthorized use of motor vehicles if the person knowingly operates the automobile, airplane, motorcycle, quadricycle, motorboat, or other motor-propelled vehicle of another without the other's consent.


(2) A person convicted of unauthorized use of motor vehicles shall be fined not to exceed $500 or be imprisoned in the county jail for any term not to exceed 6 months, or both. It is an affirmative defense that the offender reasonably believed that the owner would have consented to the operation had the owner known of it.


CREDIT(S)


Enacted 94-6-305 by Laws 1973, ch. 513, § 1; Revised Code of Montana 1947, 94-6-305. Amended by Laws 1985, ch. 516, § 14; amended by Laws 2009, ch. 56, § 1669, eff. Oct. 1, 2009.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-6-309

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 6. Offenses Against Property

Part 3. Theft and Related Offenses

45-6-309. Failure to return rented or leased personal property


(1) A person commits the offense of failure to return rented or leased personal property if, without notice to and permission of the lessor, the person purposely and knowingly fails to return the property within 48 hours after the time provided for return in the rental agreement, provided that clear written notice, in bold print, of the date and time when return of the property is required and of the penalty prescribed in this section is stated in the rental or lease agreement.


(2) Presentation to the lessor by the lessee of identification that is false for the purpose of obtaining a rental or lease agreement constitutes prima facie evidence of commission of the offense.


(3) After the rental or lease period specified in the rental or lease agreement has expired, failure to return rented or leased personal property within 72 hours of written demand by the lessor, sent by certified mail to the renter or lessee at the address given at the time of entering the rental or lease agreement, constitutes prima facie evidence of commission of the offense.


(4)(a) A person convicted of failure to return rented or leased personal property not exceeding $1,500 in value shall be fined not to exceed $1,500 or be imprisoned in the county jail for a term not to exceed 6 months, or both.


(b) A person convicted of failure to return rented or leased personal property exceeding $1,500 in value shall be imprisoned in the state prison for a term not to exceed 10 years.


CREDIT(S)


Enacted by Laws 1981, ch. 239, § 1. Amended by Laws 1983, ch. 581, § 3; amended by Laws 1993, ch. 616, § 4; amended by Laws 1999, ch. 397, § 6; amended by Laws 2009, ch. 473, § 6, eff. Oct. 1, 2009.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-6-310

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 6. Offenses Against Property

Part 3. Theft and Related Offenses

45-6-310. Definition--computer use


As used in 45-6-311, the term “obtain the use of” means to instruct, communicate with, store data in, retrieve data from, cause input to, cause output from, or otherwise make use of any resources of a computer, computer system, or computer network or to cause another to instruct, communicate with, store data in, retrieve data from, cause input to, cause output from, or otherwise make use of any resources of a computer, computer system, or computer network.


CREDIT(S)


Enacted by Laws 1981, ch. 485, § 2.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-6-311

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 6. Offenses Against Property

Part 3. Theft and Related Offenses

45-6-311. Unlawful use of a computer


(1) A person commits the offense of unlawful use of a computer if the person knowingly or purposely:


(a) obtains the use of any computer, computer system, or computer network without consent of the owner;


(b) alters or destroys or causes another to alter or destroy a computer program or computer software without consent of the owner; or


(c) obtains the use of or alters or destroys a computer, computer system, computer network, or any part thereof as part of a deception for the purpose of obtaining money, property, or computer services from the owner of the computer, computer system, computer network, or part thereof or from any other person.


(2) A person convicted of the offense of unlawful use of a computer involving property not exceeding $1,500 in value shall be fined not to exceed $1,500 or be imprisoned in the county jail for a term not to exceed 6 months, or both. A person convicted of the offense of unlawful use of a computer involving property exceeding $1,500 in value shall be fined not more than 2    1/2 times the value of the property used, altered, destroyed, or obtained or be imprisoned in the state prison for a term not to exceed 10 years, or both.


CREDIT(S)


Enacted by Laws 1981, ch. 485, § 3. Amended by Laws 1983, ch. 581, § 4; amended by Laws 1993, ch. 616, § 5; amended by Laws 1999, ch. 397, § 7; amended by Laws 2009, ch. 473, § 7, eff. Oct. 1, 2009.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-6-312

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 6. Offenses Against Property

Part 3. Theft and Related Offenses

45-6-312. Unauthorized acquisition or transfer of food stamps


(1) A person commits the offense of unauthorized acquisition or transfer of food stamp benefits if the person knowingly:


(a) acquires, purchases, possesses, or uses any food stamp benefit that the person is not entitled to; or


(b) transfers, sells, trades, gives, or otherwise disposes of any food stamp benefit to another person not entitled to receive or use it.


(2) A person convicted of an offense under this section shall be fined not more than $1,500 or be imprisoned in the county jail for not more than 6 months, or both. A person convicted of an offense under this section, which offense is part of a common scheme or in which the value of the food stamp benefits exceeds $1,500, shall be fined not more than $50,000 or be imprisoned in the state prison for not more than 10 years, or both.


(3) As used in this section, “food stamp benefits” means any stamp, coupon, or type of certification provided for the purchase of eligible food pursuant to the Food Stamp Act of 1977, 7 U.S.C. 2011 through 2029, or any similar public assistance program.


CREDIT(S)


Enacted by Laws 1983, ch. 87, § 1. Amended by Laws 1993, ch. 616, § 6; amended by Laws 1999, ch. 397, § 8; amended by Laws 2009, ch. 2, § 81, eff. Oct. 1, 2009; amended by Laws 2009, ch. 473, § 8, eff. Oct. 1, 2009.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-6-313

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 6. Offenses Against Property

Part 3. Theft and Related Offenses

45-6-313. Medicaid fraud


(1) A person commits the offense of medicaid fraud when:


(a) the person obtains a medicaid payment or benefit for the person or another person by purposely or knowingly making, submitting, or authorizing the making or submitting of a false or misleading medicaid claim, statement, representation, application, or document to a medicaid agency for a service or item that the person is not entitled to under applicable statutes or under rules adopted under Title 2, chapter 4;


(b) the person purposely or knowingly:


(i) solicits, accepts, offers, or provides any remuneration, including but not limited to a kickback, bribe, or rebate, other than an amount legally payable under the medical assistance program, for furnishing services or items for which payment may be made under the medicaid program or in return for purchasing, leasing, ordering, arranging for, or recommending the purchasing, leasing, or ordering of any services or items from a provider for which payment may be made under the medicaid program; or


(ii) makes, offers, or accepts a remuneration, a rebate of a fee, or a charge for referring a recipient to another provider for the furnishing of services or items for which payment may be made under the medicaid program; or


(c) the person, with respect to a managed care contract, health maintenance organization contract, or similar contract or subcontract under the medicaid program, purposely or knowingly fails or refuses to provide covered medically necessary services to eligible recipients as required by the contract.


(2) Any conduct or activity that does not violate or that is protected under the provisions of, or federal regulations adopted under, 42 U.S.C. 1395nn or 42 U.S.C. 1320a-7b(b), as may be amended, is not considered an offense under subsection (1)(b), and the conduct or activity must be accorded the same protections allowed under federal laws and regulations.


(3) In a prosecution for a violation of this section, it is a defense if the person acted in reliance upon the written authorization or advice of the department.


(4)(a) A person convicted of the offense of medicaid fraud involving payments, benefits, or claims not exceeding $1,500 in value shall be fined an amount not to exceed $1,500 or be imprisoned in the county jail for a term not to exceed 6 months, or both. A person convicted of a second offense shall be fined $1,500 and be imprisoned in the county jail for a term not less than 10 days or more than 6 months. A person convicted of a third or subsequent offense shall be fined $1,500 and be imprisoned in the county jail for a term not less than 30 days or more than 1 year.


(b) A person convicted of the offense of medicaid fraud involving payments, benefits, or claims exceeding $1,500 in value shall be fined an amount not to exceed the greater of $50,000 or 10 times the value of the payments obtained or be imprisoned in the state prison for a term not to exceed 10 years, or both.


(c) For purposes of imposing sentence for a conviction under subsection (1)(b), the value of payments or benefits involved is the greater of the value of medicaid payments or benefits received as a result of the illegal conduct or activity or the value of the remuneration, rebate, or charge involved.


(d) Amounts involved in medicaid fraud committed pursuant to a common scheme or the same transaction may be aggregated in determining the value involved.


(e) A person convicted of the offense of medicaid fraud must be suspended from participation in the medicaid program:


(i) for any period of time not less than 1 year for a first offense, or the person may be permanently terminated from participation in the medical assistance program;


(ii) for any period of time not less than 3 years for a second offense, or the person may be permanently terminated from participation in the medical assistance program; or


(iii) permanently for a third offense.


(5) In addition to any other penalty provided by law, a person convicted of medicaid fraud is not entitled to bill or collect from the recipient, the medicaid program, or any other third-party payor for the services or items involved and shall repay to the medicaid program any payments or benefits obtained by any person for the services or items involved.


(6) The establishment of the criminal offenses specified in this section does not preclude the application of any other provision of law.


CREDIT(S)


Enacted by Laws 1995, ch. 354, § 7. Amended by Laws 1999, ch. 397, § 9; amended by Laws 2005, ch. 185, § 1; amended by Laws 2009, ch. 473, § 9, eff. Oct. 1, 2009.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-6-314

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 6. Offenses Against Property

Part 3. Theft and Related Offenses

45-6-314. Theft by disposal of stolen property


A pawnbroker or dealer who buys and sells secondhand merchandise and allows stolen property to be sold, bartered, or otherwise disposed of after a peace officer has requested the pawnbroker or dealer to hold the property for 30 days, as provided in 46-5-212, commits the offense of theft as defined in 45-6-301.


CREDIT(S)


Enacted by Laws 1989, ch. 470, § 1. Amended by Laws 2009, ch. 56, § 1670, eff. Oct. 1, 2009.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-6-315

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 6. Offenses Against Property

Part 3. Theft and Related Offenses

45-6-315. Defrauding creditors


(1) A person commits the offense of defrauding secured creditors if the person destroys, conceals, encumbers, transfers, removes from the state, or otherwise deals with property subject to a security interest with the purpose to hinder enforcement of that interest.


(2) “Security interest” means an interest in personal property or fixtures as defined in the Uniform Commercial Code, 30-1-201(2)(jj).


(3) A person convicted of the offense of defrauding secured creditors shall be fined not to exceed $500 or be imprisoned in the county jail for a term not to exceed 6 months, or both.


(4) A person who destroys, conceals, encumbers, transfers, removes from the state, or otherwise deals with property subject to a security interest with the purpose of depriving the owner of the property or of the proceeds and value from the property may be prosecuted under 45-6-301.


CREDIT(S)


Enacted 94-6-313 by Laws 1973, ch. 513, § 1. Amended by Laws 1975, ch. 367, § 2; Revised Code of Montana 1947, 94-6-313; amended by Laws 2005, ch. 575, § 88; amended by Laws 2009, ch. 56, § 1671, eff. Oct. 1, 2009.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-6-316

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 6. Offenses Against Property

Part 3. Theft and Related Offenses

45-6-316. Issuing a bad check


(1) A person commits the offense of issuing a bad check when the person issues or delivers a check or other order upon a real or fictitious depository for the payment of money knowing that it will not be paid by the depository.


(2) If the offender has an account with the depository, failure to make good the check or other order within 5 days after written notice of nonpayment has been received by the issuer is prima facie evidence that the offender knew that it would not be paid by the depository.


(3) A person convicted of issuing a bad check shall be fined not to exceed $1,500 or be imprisoned in the county jail for any term not to exceed 6 months, or both. If the offender has engaged in issuing bad checks that are part of a common scheme or if the value of any property, labor, or services obtained or attempted to be obtained exceeds $1,500, the offender shall be fined not to exceed $50,000 or be imprisoned in the state prison for any term not to exceed 10 years, or both.


CREDIT(S)


Enacted 94-6-309 by Laws 1973, ch. 513, § 1; Revised Code of Montana 1947, 94-6-309. Amended by Laws 1981, ch. 198, § 7; amended by Laws 1983, ch. 581, § 5; amended by Laws 1985, ch. 383, § 1; amended by Laws 1993, ch. 616, § 7; amended by Laws 1999, ch. 397, § 10; amended by Laws 2009, ch. 473, § 10, eff. Oct. 1, 2009.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-6-317

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 6. Offenses Against Property

Part 3. Theft and Related Offenses

45-6-317. Deceptive practices


(1) A person commits the offense of deceptive practices when the person purposely or knowingly:


(a) causes another, by deception or threat, to execute a document disposing of property or a document by which a pecuniary obligation is incurred;


(b) makes or directs another to make a false or deceptive statement addressed to the public or any person for the purpose of promoting or procuring the sale of property or services;


(c) makes or directs another to make a false or deceptive statement to any person respecting the financial condition of the person making or directing another to make the statement for the purpose of procuring a loan or credit or accepts a false or deceptive statement from any person who is attempting to procure a loan or credit regarding that person's financial condition; or


(d) obtains or attempts to obtain property, labor, or services by any of the following means:


(i) using a credit card that was issued to another without the other's consent;


(ii) using a credit card that has been revoked or canceled;


(iii) using a credit card that has been falsely made, counterfeited, or altered in any material respect;


(iv) using the pretended number or description of a fictitious credit card;


(v) using a credit card that has expired when the credit card clearly indicates the expiration date.


(2) A person convicted of the offense of deceptive practices shall be fined not to exceed $1,500 or imprisoned in the county jail for a term not to exceed 6 months, or both. If the deceptive practices are part of a common scheme or the value of any property, labor, or services obtained or attempted to be obtained exceeds $1,500, the offender shall be fined not to exceed $50,000 or be imprisoned in the state prison for a term not to exceed 10 years, or both.


CREDIT(S)


Enacted 94-6-307 by Laws 1973, ch. 513, § 1. Amended by Laws 1977, ch. 359, § 23; Revised Code of Montana 1947, 94-6-307; amended by Laws 1981, ch. 198, § 7; amended by Laws 1983, ch. 581, § 6; amended by Laws 1993, ch. 616, § 8; amended by Laws 1999, ch. 397, § 11; amended by Laws 2009, ch. 473, § 11, eff. Oct. 1, 2009.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-6-318

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 6. Offenses Against Property

Part 3. Theft and Related Offenses

45-6-318. Deceptive business practices


(1) A person commits the offense of deceptive business practices if in the course of engaging in a business, occupation, or profession, the person purposely or knowingly:


(a) uses or possesses for use a false weight or measure or any other device for falsely determining or recording any quality or quantity;


(b) sells, offers, exposes for sale, or delivers less than the represented quantity of any commodity or service;


(c) takes or attempts to take more than the represented quantity of any commodity or service when as buyer the person furnished the weight or measure;


(d) sells, offers, or exposes for sale adulterated commodities;


(e) sells, offers, or exposes for sale mislabeled commodities; or


(f) makes a deceptive statement regarding the quantity or price of goods in any advertisement addressed to the public.


(2) “Adulterated” means varying from the standard of composition or quality prescribed by statute or lawfully promulgated administrative regulation or, if none, as set by established commercial usage.


(3) “Mislabeled” means:


(a) varying from the standard of truth or disclosure in labeling prescribed by statute or lawfully promulgated administrative regulation or, if none, as set by established commercial usage; or


(b) represented as being another person's produce though otherwise labeled accurately as to quality and quantity.


(4) A person convicted of the offense of deceptive business practices shall be fined not to exceed $500 or be imprisoned in the county jail for a term not to exceed 6 months, or both.


CREDIT(S)


Enacted 94-6-308 by Laws 1973, ch. 513, § 1; Revised Code of Montana 1947, 94-6-308. Amended by Laws 2009, ch. 56, § 1672, eff. Oct. 1, 2009.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-6-319

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 6. Offenses Against Property

Part 3. Theft and Related Offenses

45-6-319. Chain distributor schemes


(1) As used in this section, the following definitions apply:


(a) “Chain distributor scheme” means a sales device whereby a person, under a condition that the person make an investment, is granted a license or right to recruit for consideration one or more additional persons who are also granted a license or right upon condition of making an investment and may further perpetuate the chain of persons who are granted a license or right upon the condition.


(b) “Person” means a natural person, corporation, partnership, trust, or other entity and, in the case of an entity, includes any other entity that has a majority interest in the entity or effectively controls the other entity as well as the individual officers, directors, and other persons in act of control of the activities of each entity.


(2) It is unlawful for a person to promote, sell, or encourage participation in any chain distributor scheme.


(3) A person violating the provisions of this section shall, upon conviction, be imprisoned in the state prison for a period not to exceed 1 year or be fined not to exceed $1,000, or both.


(4) A person convicted of a second offense under this section shall be imprisoned in the state prison for a period not to exceed 5 years or be fined not to exceed $5,000, or both.


CREDIT(S)


Enacted by Laws 1973, ch. 465, §§ 1 to 3. Amended by Laws 1977, ch. 359, § 24; Revised Code of Montana 1947, 94-6-308.1; amended by Laws 2009, ch. 56, § 1673, eff. Oct. 1, 2009.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-6-320

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 6. Offenses Against Property

Part 3. Theft and Related Offenses

45-6-320 to 45-6-324. Reserved


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-6-324

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 6. Offenses Against Property

Part 3. Theft and Related Offenses

45-6-320 to 45-6-324. Reserved


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-6-325

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 6. Offenses Against Property

Part 3. Theft and Related Offenses

45-6-325. Forgery


(1) A person commits the offense of forgery when with purpose to defraud the person knowingly:


(a) without authority makes or alters a document or other object apparently capable of being used to defraud another in a manner that it purports to have been made by another or at another time or with different provisions or of different composition;


(b) issues or delivers the document or other object knowing it to have been thus made or altered;


(c) possesses with the purpose of issuing or delivering any such document or other object knowing it to have been thus made or altered; or


(d) possesses with knowledge of its character any plate, die, or other device, apparatus, equipment, or article specifically designed for use in counterfeiting or otherwise forging written instruments.


(2) A purpose to defraud means the purpose of causing another to assume, create, transfer, alter, or terminate any right, obligation, or power with reference to any person or property.


(3) A document or other object capable of being used to defraud another includes but is not limited to one by which any right, obligation, or power with reference to any person or property may be created, transferred, altered, or terminated.


(4) A person convicted of the offense of forgery shall be fined not to exceed $1,500 or be imprisoned in the county jail for any term not to exceed 6 months, or both. If the forgery is part of a common scheme or if the value of the property, labor, or services obtained or attempted to be obtained exceeds $1,500, the offender shall be fined not to exceed $50,000 or be imprisoned in the state prison for any term not to exceed 20 years, or both.


CREDIT(S)


Enacted 94-6-310 by Laws 1973, ch. 513, § 1; Revised Code of Montana 1947, 94-6-310. Amended by Laws 1981, ch. 198, § 7; amended by Laws 1983, ch. 581, § 7; amended by Laws 1993, ch. 616, § 9; amended by Laws 1999, ch. 397, § 12; amended by Laws 2009, ch. 473, § 12, eff. Oct. 1, 2009.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-6-326

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 6. Offenses Against Property

Part 3. Theft and Related Offenses

45-6-326. Obscuring identity of machine


(1) A person commits the offense of obscuring the identity of a machine if the person:


(a) removes, defaces, covers, alters, destroys, or otherwise obscures the manufacturer's serial number or any other distinguishing identification number or mark upon any machine, vehicle, electrical device, or firearm with the purpose to conceal, misrepresent, or transfer any machine, vehicle, electrical device, or firearm; or


(b) possesses with the purpose to conceal, misrepresent, or transfer any machine, vehicle, device, or firearm knowing that the serial number or other identification number or mark has been removed or otherwise obscured.


(2) A person convicted of obscuring the identity of a machine shall be fined not to exceed $500 or be imprisoned in the county jail for a term not to exceed 6 months, or both.


(3) The fact of possession or transfer of any machine, vehicle, electrical device, or firearm described in subsection (1) creates a presumption that the person knew the serial number or other identification number or mark had been removed or otherwise obscured.


CREDIT(S)


Enacted 94-6-311 by Laws 1973, ch. 513, § 1. Amended by Laws 1977, ch. 167, § 1; Revised Code of Montana 1947, 94-6-311; amended by Laws 2009, ch. 56, § 1674, eff. Oct. 1, 2009.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-6-327

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 6. Offenses Against Property

Part 3. Theft and Related Offenses

45-6-327. Illegal branding or altering or obscuring of brand


(1) A person commits the offense of illegal branding or altering or obscuring a brand if the person marks or brands any commonly domesticated hoofed animal or removes, covers, alters, or defaces an existing mark or brand on any commonly domesticated hoofed animal with the purpose of obtaining or exerting unauthorized control over the animal or with the purpose of concealing, misrepresenting, transferring, or preventing identification of the animal.


(2) A person convicted of the offense of illegal branding or altering or obscuring a brand shall be imprisoned in the state prison for a term not to exceed 10 years or be fined an amount of not less than $5,000 or more than $50,000, or both. If a prison term is deferred, the court shall order the offender to perform 416 hours of community service during a 1-year period, in the offender's county of residence. In addition to the fine and imprisonment, the offender's property is subject to criminal forfeiture pursuant to 45-6-328 and 45-6-329.


CREDIT(S)


Enacted 94-6-312 by Laws 1973, ch. 513, § 1; Revised Code of Montana 1947, 94-6-312. Amended by Laws 1981, ch. 198, § 7; amended by Laws 2009, ch. 56, § 1675, eff. Oct. 1, 2009; amended by Laws 2009, ch. 400, § 5, eff. April 28, 2009.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-6-328

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 6. Offenses Against Property

Part 3. Theft and Related Offenses

45-6-328. Forfeiture for theft of commonly domesticated hoofed animal or illegal branding or altering or obscuring of brand


(1) The following property is subject to criminal forfeiture under this section:


(a) money, raw materials, products, equipment, and other property of any kind that is used or intended for use in the theft of a commonly domesticated hoofed animal or illegal branding or altering or obscuring a brand in violation of 45-6-301 or 45-6-327;


(b) property used or intended for use as a container for property enumerated in subsection (1)(a);


(c) except as provided in subsection (2), a conveyance, including an aircraft, vehicle, or vessel, used or intended for use to facilitate the theft of a commonly domesticated hoofed animal or illegal branding or altering or obscuring a brand in violation of 45-6-301 or 45-6-327;


(d) books, records, research products and materials, formulas, microfilm, tapes, and data used or intended for use in connection with the theft of a commonly domesticated hoofed animal or illegal branding or altering or obscuring a brand in violation of 45-6-301 or 45-6-327;


(e) everything of value furnished or intended to be furnished in exchange for a commonly domesticated hoofed animal in violation of 45-6-301 or 45-6-327 and all proceeds traceable to the exchange;


(f) money, negotiable instruments, securities, and weapons used or intended to be used to facilitate a violation of 45-6-301 or 45-6-327; and


(g) personal property constituting or derived from proceeds obtained directly or indirectly from theft of a commonly domesticated hoofed animal or from illegal branding or altering or obscuring a brand in violation of 45-6-301 or 45-6-327.


(2) A conveyance is not subject to criminal forfeiture under this section unless the owner or other person in charge of the conveyance knowingly used the conveyance or knowingly consented to its use for the purpose of theft of a commonly domesticated hoofed animal or illegal branding or altering or obscuring a brand in violation of 45-6-301 or 45-6-327.


(3) Criminal forfeiture under this section of property that is encumbered by a bona fide security interest is subject to that interest if the secured party did not use or consent to the use of the property in connection with the theft of a commonly domesticated hoofed animal or illegal branding or altering or obscuring a brand in violation of 45-6-301 or 45-6-327.


(4) Property subject to criminal forfeiture under this section may be seized under the following circumstances:


(a) A peace officer who has probable cause to make an arrest for the theft of a commonly domesticated hoofed animal or for illegal branding or altering or obscuring a brand in violation of 45-6-301 or 45-6-327 may seize a conveyance obtained with proceeds derived from the violation or used to facilitate the violation and shall immediately deliver the conveyance to the peace officer's law enforcement agency to be held as evidence until a criminal forfeiture is declared or a release is ordered.


(b) Property subject to criminal forfeiture under this section may be seized by a peace officer under a search warrant issued by a court having jurisdiction over the property.


(c) Seizure without a warrant may be made if:


(i) the seizure is incident to an arrest or a search under a search warrant issued for another purpose or an inspection under an administrative inspection warrant;


(ii) the property was the subject of a prior judgment in favor of the state in a criminal proceeding or a criminal forfeiture proceeding based on Title 44, chapter 12, or this section;


(iii) a peace officer has probable cause to believe that the property is directly or indirectly dangerous to health or safety; or


(iv) a peace officer has probable cause to believe that the property was used or is intended to be used during the theft of a commonly domesticated hoofed animal or illegal branding or altering or obscuring a brand in violation of 45-6-301 or 45-6-327.


(5) A forfeiture proceeding under subsection (1) must be commenced within 45 days of the seizure of the property involved.


(6) The procedure for forfeiture proceedings in 44-12-201 through 44-12-204 applies to property seized pursuant to this section.


(7) Upon conviction, the property subject to criminal forfeiture is forfeited to the state and must be disposed of in accordance with the provisions of 45-6-329.


CREDIT(S)


Enacted by Laws 2009, ch. 400, § 1, eff. April 28, 2009.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-6-329

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 6. Offenses Against Property

Part 3. Theft and Related Offenses

45-6-329. Disposition of property and proceeds of sale


(1) If the court finds that property seized pursuant to the theft of a commonly domesticated hoofed animal or illegal branding or altering or obscuring a brand was not used for the purpose charged or that the property listed in 45-6-328(1) was used without the knowledge or consent of the owner, it shall order the property released to the owner of record as of the date of the seizure.


(2) If the court finds that the property was used for the purpose charged and that the property listed in 45-6-328(1) was used with the knowledge or consent of the owner, the property must be disposed of as follows:


(a) If proper proof of the claim is presented at the hearing by the holder of a security interest, the court shall order the property released to the holder of the security interest if the amount due the holder of the security interest is equal to or in excess of the value of the property as of the date of seizure. If the amount due the holder of the security interest is less than the value of the property, the property, if it is sold, must be sold at public auction by the department of livestock in the same manner provided by law for the sale of property under execution or the department of livestock may return the property to the holder of the security interest without proceeding with an auction. The property may not be sold to an officer or employee of the department of livestock or to a person related to a department officer or employee by blood or marriage.


(b) If no claimant exists and the department of livestock wishes to retain the property for its official use, it may do so. If the property is not to be retained, it must be sold as provided in subsection (2)(a).


(c) If a claimant who has presented proper proof of a claim exists and the department of livestock wishes to retain the property for its official use, it may do so if it compensates the claimant in the amount of the security interest outstanding at the time of the seizure.


(3) In making a disposition of property under this section, the court may take any action to protect the rights of innocent persons.


(4) Whenever property is seized, forfeited, and sold under the provisions of this section, the net proceeds of the sale must be distributed as follows:


(a) to the holders of security interests who have presented proper proof of their claims, if any, up to the amount of their interests in the property; and


(b) the remainder, if any, to the credit of the department of livestock to be used in enforcement activities related to the theft of commonly domesticated hoofed animals and illegal branding or altering or obscuring a brand.


CREDIT(S)


Enacted by Laws 2009, ch. 400, § 2, eff. April 28, 2009.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-6-330

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 6. Offenses Against Property

Part 3. Theft and Related Offenses

45-6-330 to 45-6-331. Reserved


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-6-331

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 6. Offenses Against Property

Part 3. Theft and Related Offenses

45-6-330 to 45-6-331. Reserved


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-6-332

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 6. Offenses Against Property

Part 3. Theft and Related Offenses

45-6-332. Theft of identity


(1) A person commits the offense of theft of identity if the person purposely or knowingly obtains personal identifying information of another person and uses that information for any unlawful purpose, including to obtain or attempt to obtain credit, goods, services, financial information, or medical information in the name of the other person without the consent of the other person.


(2)(a) A person convicted of the offense of theft of identity if no economic benefit was gained or was attempted to be gained or if an economic benefit of less than $1,500 was gained or attempted to be gained shall be fined an amount not to exceed $1,500, imprisoned in the county jail for a term not to exceed 6 months, or both.


(b) A person convicted of the offense of theft of identity if an economic benefit of $1,500 or more was gained or attempted to be gained shall be fined an amount not to exceed $10,000, imprisoned in a state prison for a term not to exceed 10 years, or both.


(3) As used in this section, “personal identifying information” includes but is not limited to the name, date of birth, address, telephone number, driver's license number, social security number or other federal government identification number, tribal identification card number, place of employment, employee identification number, mother's maiden name, financial institution account number, credit card number, or similar identifying information relating to a person.


(4) If restitution is ordered, the court may include, as part of its determination of an amount owed, payment for any costs incurred by the victim, including attorney fees and any costs incurred in clearing the credit history or credit rating of the victim or in connection with any civil or administrative proceeding to satisfy any debt, lien, or other obligation of the victim arising as a result of the actions of the defendant.


CREDIT(S)


Enacted by Laws 2001, ch. 378, § 1. Amended by Laws 2007, ch. 180, § 5; amended by Laws 2009, ch. 473, § 13, eff. Oct. 1, 2009.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-6-333

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 6. Offenses Against Property

Part 3. Theft and Related Offenses

45-6-333 to 45-6-340. Reserved


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-6-340

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 6. Offenses Against Property

Part 3. Theft and Related Offenses

45-6-333 to 45-6-340. Reserved


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-6-341

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 6. Offenses Against Property

Part 3. Theft and Related Offenses

45-6-341. Money laundering


(1) A person commits the offense of money laundering if the person knowingly:


(a) receives or acquires the proceeds of, or engages in transactions involving proceeds of, any activity that is unlawful under the laws of the United States or the state in which the activity occurred;


(b) gives, sells, transfers, trades, invests, conceals, transports, or otherwise makes available anything of value that the person knows is intended to be used for the purpose of committing or furthering the commission of any activity that is unlawful under the laws of the United States or the state in which the committing or furthering of the commission of the activity occurs;


(c) directs, plans, organizes, initiates, finances, manages, supervises, or facilitates the transportation or transfer of proceeds that the person knows are derived from any activity that is unlawful under the laws of the United States or the state in which the activity occurred; or


(d) conducts a financial transaction involving proceeds that the person knows are derived from any activity that is unlawful under the laws of the United States or the state in which the activity occurred when the transaction is designed in whole or in part to conceal or disguise the nature, location, source, ownership, or control of the proceeds or to avoid a transaction reporting requirement under federal law.


(2) A person convicted of money laundering shall be fined an amount not to exceed $1,500 or be imprisoned in the county jail for a term not to exceed 6 months, or both. If the money laundering is part of a common scheme or if the value of the proceeds or item of value exceeds $1,500, the person shall be fined not to exceed $50,000 or be imprisoned in the state prison for a term not to exceed 20 years, or both.


(3)(a) Upon conviction, the court shall order the following property possessed by a person convicted of money laundering to be forfeited:


(i) money, including digital currency, and raw materials, products, equipment of any kind, and any other personal property involved in the money laundering;


(ii) personal property constituting or derived from proceeds obtained directly or indirectly from the money laundering; and


(iii) real property, including any right, title, and interest in any lot or tract of land and any appurtenances or improvements, that is directly used or intended to be used in any manner to commit or facilitate the commission of, or that is derived from or maintained by the proceeds resulting from, the money laundering.


(b) The sheriff of the county where forfeited property is located shall sell the property at auction. The proceeds of the sale must be deposited in the state general fund.


(4) For purposes of this section, “digital currency” means money represented by digital information that is stored, spent, and transferred electronically by a person as part of a financial transaction.


CREDIT(S)


Enacted by Laws 2005, ch. 276, § 1. Amended by Laws 2009, ch. 473, § 14, eff. Oct. 1, 2009.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-7-101

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 7. Offenses Against Public Administration

Part 1. Bribery and Corrupt Influence

45-7-101. Bribery in official and political matters


(1) A person commits the offense of bribery if the person purposely or knowingly offers, confers, or agrees to confer upon another or solicits, accepts, or agrees to accept from another:


(a) any pecuniary benefit as a consideration for the recipient's decision, opinion, recommendation, vote, or other exercise of discretion as a public servant, party official, or voter;


(b) any benefit as consideration for the recipient's decision, vote, recommendation, or other exercise of official discretion in a judicial or administrative proceeding; or


(c) any benefit as consideration for a violation of a known duty as a public servant or party official.


(2) It is no defense to prosecution under this section that a person whom the offender sought to influence was not qualified to act in the desired way whether because the person had not yet assumed office or lacked jurisdiction or for any other reason.


(3) A person convicted of the offense of bribery shall be imprisoned in the state prison for any term not to exceed 10 years or be fined an amount not to exceed $50,000, or both, and shall forever be disqualified from holding any public office in this state.


CREDIT(S)


Enacted 94-7-102 by Laws 1973, ch. 513, § 1; Revised Code of Montana 1947, 94-7-102. Amended by Laws 1981, ch. 198, § 7; amended by Laws 2009, ch. 56, § 1676, eff. Oct. 1, 2009.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-7-102

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 7. Offenses Against Public Administration

Part 1. Bribery and Corrupt Influence

45-7-102. Threats and other improper influence in official and political matters


(1) A person commits an offense under this section if the person purposely or knowingly:


(a)(i) threatens harm to any person, the person's spouse, child, parent, or sibling, or the person's property with the purpose to influence the person's decision, opinion, recommendation, vote, or other exercise of discretion as a public servant, party official, or voter;


(ii) threatens harm to any public servant, to the public servant's spouse, child, parent, or sibling, or to the public servant's property with the purpose to influence the public servant's decision, opinion, recommendation, vote, or other exercise of discretion in a judicial or administrative proceeding;


(iii) threatens harm to any public servant or party official, the person's spouse, child, parent, or sibling, or the person's property with the purpose to influence the person to violate the person's duty or to prevent the public servant or party official from accepting or holding any public office;


(iv) privately addresses to any public servant who has or will have official discretion in a judicial or administrative proceeding any representation, entreaty, argument, or other communication designed to influence the outcome on the basis of considerations other than those authorized by law;


(v) as a juror or officer in charge of a jury receives or permits to be received any communication relating to any matter pending before the jury, except according to the regular course of proceedings; or


(b) injures the person or property of a public servant or injures the servant's spouse, child, parent, or sibling because of the public servant's lawful discharge of the duties of the office or to prevent the public servant from discharging the public servant's official duties.


(2) It is no defense to prosecution under subsections (1)(a)(i) through (1)(a)(iv) and (1)(b) that a person whom the offender sought to influence was not qualified to act in the desired way, whether because the person had not yet assumed office or lacked jurisdiction or for any other reason.


(3) A person convicted under this section shall be fined not to exceed $50,000 or be imprisoned in the state prison for a term not to exceed 10 years, or both.


CREDIT(S)


Enacted 94-7-103 by Laws 1973, ch. 513, § 1. Amended by Laws 1977, ch. 359, § 25; Revised Code of Montana 1947, 94-7-103; amended by Laws 1981, ch. 198, § 7; amended by Laws 1995, ch. 351, § 1.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-7-103

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 7. Offenses Against Public Administration

Part 1. Bribery and Corrupt Influence

45-7-103. Criminal use of office or position


(1) An elected official or other public servant commits the offense of criminal use of office or position if the person knowingly solicits, accepts, or agrees to accept any pecuniary benefit accruing to the person, the person's political campaign, or the person's political party for giving or offering to give a decision, opinion, recommendation, or vote favorable to another, for exercising or offering to exercise a discretion in another's favor, or for violating or offering to violate the person's duty. A person commits an offense under this section if the person knowingly offers, confers, or agrees to confer compensation that is prohibited by this section.


(2) A person convicted under this section shall be fined an amount not to exceed $500 or be imprisoned in the county jail for a term not to exceed 6 months, or both.


CREDIT(S)


Enacted 94-7-104 by Laws 1973, ch. 513, § 1. Amended by Laws 1977, ch. 359, § 26; Revised Code of Montana 1947, 94-7-104; amended by Laws 2009, ch. 56, § 1677, eff. Oct. 1, 2009; amended by Laws 2009, ch. 98, § 1, eff. Oct. 1, 2009.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-7-104

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 7. Offenses Against Public Administration

Part 1. Bribery and Corrupt Influence

45-7-104. Gifts to public servants by persons subject to their jurisdiction


(1) A public servant in any department or agency exercising regulatory function, conducting inspections or investigations, carrying on a civil or criminal litigation on behalf of the government, or having custody of prisoners may not solicit, accept, or agree to accept any pecuniary benefit from a person known to be subject to the regulation, inspection, investigation, or custody or against whom litigation is known to be pending or contemplated.


(2) A public servant having any discretionary function to perform in connection with contracts, purchases, payments, claims, or other pecuniary transactions of the government may not solicit, accept, or agree to accept any pecuniary benefit from any person known to be interested in or likely to become interested in any contract, purchase, payment, claim, or transaction.


(3) A public servant having judicial or administrative authority and a public servant employed by or in a court or other tribunal having judicial or administrative authority or participating in the enforcement of its decision may not solicit, accept, or agree to accept any pecuniary benefit from a person known to be interested in or likely to become interested in any matter before the public servant or tribunal with which the public servant or tribunal is associated.


(4) A legislator or public servant employed by the legislature or by any committee or agency of the legislature may not solicit, accept, or agree to accept any pecuniary benefit from a person known to be interested in or likely to become interested in any matter before the legislature or any committee or agency of the legislature.


(5) This section does not apply to:


(a) fees prescribed by law to be received by a public servant or any other benefit for which the recipient gives legitimate consideration or to which the public servant is otherwise entitled; or


(b) trivial benefits incidental to personal, professional, or business contacts and involving no substantial risk of undermining official impartiality.


(6) A person may not knowingly confer or offer or agree to confer any benefit prohibited by subsections (1) through (5).


(7) A person convicted of an offense under this section shall be fined not to exceed $500 or be imprisoned in the county jail for any term not to exceed 6 months, or both.


CREDIT(S)


Enacted 94-7-105 by Laws 1973, ch. 513, § 1; Revised Code of Montana 1947, 94-7-105. Amended by Laws 2009, ch. 56, § 1678, eff. Oct. 1, 2009.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-7-201

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 7. Offenses Against Public Administration

Part 2. Perjury and Other Falsification in Official Matters

45-7-201. Perjury


(1) A person commits the offense of perjury if in any official proceeding the person knowingly makes a false statement under oath or equivalent affirmation or swears or affirms the truth of a statement previously made when the statement is material.


(2) A person convicted of perjury shall be punished by imprisonment in the state prison for any term not to exceed 10 years or be punished by a fine of not more than $50,000, or both.


(3) Falsification is material, regardless of the admissibility of the statement under rules of evidence, if it could have affected the course or outcome of the proceeding. It is no defense that the declarant mistakenly believed the falsification to be immaterial. Whether a falsification is material in a given factual situation is a question of law.


(4) It is not a defense to prosecution under this section that the oath or affirmation was administered or taken in an irregular manner or that the declarant was not competent to make the statement. A document purporting to be made upon oath or affirmation at any time when the offender presents it as being so verified must be considered to have been sworn or affirmed.


(5) A person may not be guilty of an offense under this section if the person retracted the falsification in the course of the proceeding in which it was made before it became manifest that the falsification was or would be exposed and before the falsification substantially affected the proceeding.


(6) When the defendant made inconsistent statements under oath or equivalent affirmation, both having been made within the period of the statute of limitations, the prosecution may proceed by setting forth the inconsistent statements in a single count alleging in the alternative that one or the other was false and not believed by the defendant. In that case, it is not necessary for the prosecution to prove which statement was false but only that one or the other was false and not believed by the defendant to be true.


(7) A person may not be convicted of an offense under this section when proof of falsity rests solely upon the testimony of a single person other than the defendant.


CREDIT(S)


Enacted 94-7-202 by Laws 1973, ch. 513, § 1; Revised Code of Montana 1947, 94-7-202. Amended by Laws 1981, ch. 198, § 7; amended by Laws 2009, ch. 56, § 1679, eff. Oct. 1, 2009.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-7-202

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 7. Offenses Against Public Administration

Part 2. Perjury and Other Falsification in Official Matters

45-7-202. False swearing


(1) A person commits the offense of false swearing if the person knowingly makes a false statement under oath or equivalent affirmation or swears or affirms the truth of a statement previously made when the person does not believe the statement to be true and:


(a) the falsification occurs in an official proceeding;


(b) the falsification is purposely made to mislead a public servant in performing an official function; or


(c) the statement is one that is required by law to be sworn or affirmed before a notary or other person authorized to administer oaths.


(2) Subsections (4) through (7) of 45-7-201 apply to this section.


(3) Except as provided in 13-35-240, a person convicted of false swearing shall be fined an amount not to exceed $500 or be imprisoned in the county jail for a term not to exceed 6 months, or both.


CREDIT(S)


Enacted 94-7-203 by Laws 1973, ch. 513, § 1; Revised Code of Montana 1947, 94-7-203. Amended by Laws 2007, ch. 407, § 5.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-7-203

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 7. Offenses Against Public Administration

Part 2. Perjury and Other Falsification in Official Matters

45-7-203. Unsworn falsification to authorities


(1) A person commits an offense under this section if, with the purpose to mislead a public servant in performing an official function, the person:


(a) makes any written false statement that the person does not believe to be true;


(b) purposely creates a false impression in a written application for any pecuniary or other benefit by omitting information necessary to prevent statements from being misleading;


(c) submits or invites reliance on any writing that the person knows to be forged, altered, or otherwise lacking in authenticity; or


(d) submits or invites reliance on any sample, specimen, map, boundary mark, or other object that the person knows to be false.


(2) A person convicted of an offense under this section shall be fined not to exceed $500 or be imprisoned in the county jail for any term not to exceed 6 months, or both.


CREDIT(S)


Enacted 94-7-204 by Laws 1973, ch. 513, § 1; Revised Code of Montana 1947, 94-7-204. Amended by Laws 2009, ch. 56, § 1680, eff. Oct. 1, 2009.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-7-204

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 7. Offenses Against Public Administration

Part 2. Perjury and Other Falsification in Official Matters

45-7-204. False alarms to agencies of public safety


(1) A person commits an offense under this section if the person knowingly causes a false alarm of fire or other emergency to be transmitted to or within any organization, official or volunteer, that deals with emergencies involving danger to life or property.


(2) A person convicted of an offense under this section shall be fined not to exceed $500 or be imprisoned in the county jail for any term not to exceed 6 months, or both.


CREDIT(S)


Enacted 94-7-205 by Laws 1973, ch. 513, § 1; Revised Code of Montana 1947, 94-7-205. Amended by Laws 2009, ch. 56, § 1681, eff. Oct. 1, 2009.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-7-205

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 7. Offenses Against Public Administration

Part 2. Perjury and Other Falsification in Official Matters

45-7-205. False reports to law enforcement authorities


(1) A person commits an offense under this section if the person knowingly:


(a) gives false information to any law enforcement officer with the purpose to implicate another;


(b) reports to law enforcement authorities an offense or other incident within their concern knowing that it did not occur; or


(c) pretends to furnish law enforcement authorities with information relating to an offense or incident when the person knows that the person has no information relating to the offense or incident.


(2) A person convicted under this section shall be fined not to exceed $500 or be imprisoned in the county jail for any term not to exceed 6 months, or both.


CREDIT(S)


Enacted 94-7-206 by Laws 1973, ch. 513, § 1; Revised Code of Montana 1947, 94-7-206. Amended by Laws 2009, ch. 56, § 1682, eff. Oct. 1, 2009.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-7-206

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 7. Offenses Against Public Administration

Part 2. Perjury and Other Falsification in Official Matters

45-7-206. Tampering with witnesses and informants


(1) A person commits the offense of tampering with witnesses and informants if, believing that an official proceeding or investigation is pending or about to be instituted, the person purposely or knowingly attempts to induce or otherwise cause a witness or informant to:


(a) testify or inform falsely;


(b) withhold any testimony, information, document, or thing;


(c) elude legal process summoning the witness or informant to testify or supply evidence; or


(d) not appear at any proceeding or investigation to which the witness or informant has been summoned.


(2) A person convicted of tampering with witnesses or informants shall be imprisoned in the state prison for any term not to exceed 10 years or be fined an amount not to exceed $50,000, or both.


CREDIT(S)


Enacted 94-7-207 by Laws 1973, ch. 513, § 1. Amended by Laws 1977, ch. 359, § 27; Revised Code of Montana 1947, 94-7-207; amended by Laws 1981, ch. 198, § 7; amended by Laws 2009, ch. 56, § 1683, eff. Oct. 1, 2009.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-7-207

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 7. Offenses Against Public Administration

Part 2. Perjury and Other Falsification in Official Matters

45-7-207. Tampering with or fabricating physical evidence


(1) A person commits the offense of tampering with or fabricating physical evidence if, believing that an official proceeding or investigation is pending or about to be instituted, the person:


(a) alters, destroys, conceals, or removes any record, document, or thing with purpose to impair its verity or availability in the proceeding or investigation; or


(b) makes, presents, or uses any record, document, or thing knowing it to be false and with purpose to mislead any person who is or may be engaged in the proceeding or investigation.


(2) A person convicted of tampering with or fabricating physical evidence shall be imprisoned in the state prison for a term not to exceed 10 years or be fined an amount not to exceed $50,000, or both.


CREDIT(S)


Enacted 94-7-208 by Laws 1973, ch. 513, § 1; Revised Code of Montana 1947, 94-7-208. Amended by Laws 1981, ch. 198, § 7; amended by Laws 2009, ch. 56, § 1684, eff. Oct. 1, 2009.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-7-208

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 7. Offenses Against Public Administration

Part 2. Perjury and Other Falsification in Official Matters

45-7-208. Tampering with public records or information


(1) A person commits the offense of tampering with public records or information if the person:


(a) knowingly makes a false entry in or false alteration of any record, document, legislative bill or enactment, or thing belonging to or received, issued, or kept by the government for information or record or required by law to be kept by others for information of the government;


(b) makes, presents, or uses any record, document, or thing knowing it to be false and with purpose that it be taken as a genuine part of information or records referred to in subsection (1)(a);


(c) purposely destroys, conceals, removes, or otherwise impairs the verity or availability of a record, document, or thing; or


(d) purposely or knowingly misrepresents the person's identity or the use for which personal information is sought in order to obtain personal information from a motor vehicle record under 61-11-507, 61-11-508, or 61-11-509.


(2) A person convicted of the offense of tampering with public records or information shall be imprisoned in the state prison for a term not to exceed 10 years or be fined an amount not to exceed $50,000, or both.


CREDIT(S)


Enacted 94-7-209 by Laws 1973, ch. 513, § 1; Revised Code of Montana 1947, 94-7-209. Amended by Laws 1981, ch. 198, § 7; amended by Laws 2001, ch. 363, § 12.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-7-209

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 7. Offenses Against Public Administration

Part 2. Perjury and Other Falsification in Official Matters

45-7-209. Impersonation of public servant


(1) A person commits the offense of impersonating a public servant if the person falsely pretends to hold a position in the public service with the purpose to induce another individual to submit to the pretended official authority or otherwise to act in reliance upon that pretense to the individual's prejudice.


(2) A person convicted of impersonating a public servant shall be fined not to exceed $5,000 or be imprisoned in the state prison for any term not to exceed 5 years, or both.


CREDIT(S)


Enacted 94-7-210 by Laws 1973, ch. 513, § 1; Revised Code of Montana 1947, 94-7-210. Amended by Laws 1995, ch. 351, § 2.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-7-210

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 7. Offenses Against Public Administration

Part 2. Perjury and Other Falsification in Official Matters

45-7-210. False claim to public agency


(1) A person commits an offense under this section if the person knowingly presents for allowance, for payment, or for the purpose of concealing, avoiding, or decreasing an obligation to pay a false or fraudulent claim, bill, account, voucher, or writing to a public agency, public servant, or contractor authorized to allow or pay valid claims presented to a public agency.


(2)(a) Except as provided in subsection (2)(b), a person convicted of an offense under this section shall be fined not to exceed $1,500 or imprisoned in the county jail for a term not to exceed 6 months, or both.


(b) If a false or fraudulent claim is knowingly submitted as part of a common scheme or if the value of the claim or the aggregate value of one or more claims exceeds $1,500, a person convicted of an offense under this section shall be fined not to exceed $10,000 or imprisoned in the state prison for a term not to exceed 10 years, or both.


CREDIT(S)


Enacted by Laws 1981, ch. 151, § 1. Amended by Laws 1983, ch. 581, § 8; amended by Laws 1993, ch. 616, § 10; amended by Laws 1999, ch. 397, § 13; amended by Laws 2005, ch. 312, § 2; amended by Laws 2009, ch. 473, § 15, eff. Oct. 1, 2009.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-7-301

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 7. Offenses Against Public Administration

Part 3. Obstructing Governmental Operations

45-7-301. Resisting arrest


(1) A person commits the offense of resisting arrest if the person knowingly prevents or attempts to prevent a peace officer from effecting an arrest by:


(a) using or threatening to use physical force or violence against the peace officer or another; or


(b) using any other means that creates a risk of causing physical injury to the peace officer or another.


(2) It is no defense to a prosecution under this section that the arrest was unlawful, if the peace officer was acting under color of the officer's official authority.


(3) A person convicted of the offense of resisting arrest shall be fined not to exceed $500 or be imprisoned in the county jail for any term not to exceed 6 months, or both.


CREDIT(S)


Enacted 94-7-301 by Laws 1973, ch. 513, § 1; Revised Code of Montana 1947, 94-7-301. Amended by Laws 2009, ch. 56, § 1685, eff. Oct. 1, 2009.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-7-302

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 7. Offenses Against Public Administration

Part 3. Obstructing Governmental Operations

45-7-302. Obstructing peace officer or other public servant


(1) A person commits the offense of obstructing a peace officer or public servant if the person knowingly obstructs, impairs, or hinders the enforcement of the criminal law, the preservation of the peace, or the performance of a governmental function, including service of process.


(2) It is no defense to a prosecution under this section that the peace officer was acting in an illegal manner, provided that the peace officer was acting under the peace officer's official authority.


(3) A person convicted of the offense of obstructing a peace officer or other public servant, including a person serving process, shall be fined not to exceed $500 or be imprisoned in the county jail for a term not to exceed 6 months, or both.


CREDIT(S)


Enacted 94-7-302 by Laws 1973, ch. 513, § 1; Revised Code of Montana 1947, 94-7-302. Amended by Laws 1997, ch. 69, § 2.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-7-303

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 7. Offenses Against Public Administration

Part 3. Obstructing Governmental Operations

45-7-303. Obstructing justice


(1) For the purpose of this section “an offender” means a person who has been or is liable to be arrested, charged, convicted, or punished for a public offense.


(2) A person commits the offense of obstructing justice if, knowing another person is an offender, the person purposely:


(a) harbors or conceals an offender;


(b) warns an offender of impending discovery or apprehension, except this does not apply to a warning given in connection with an effort to bring an offender into compliance with the law;


(c) provides an offender with money, transportation, weapon, disguise, or other means of avoiding discovery or apprehension;


(d) prevents or obstructs by means of force, deception, or intimidation anyone from performing an act that might aid in the discovery or apprehension of an offender;


(e) suppresses by act of concealment, alteration, or destruction any physical evidence that might aid in the discovery or apprehension of an offender; or


(f) aids an offender who is subject to official detention to escape from official detention.


(3) A person convicted of obstructing justice shall be:


(a) imprisoned in the state prison for a term not to exceed 10 years if the offender has been or is liable to be charged with a felony; or


(b) fined not to exceed $500 or be imprisoned in the county jail for a term not to exceed 6 months, or both, if the offender has been or is liable to be charged with a misdemeanor.


CREDIT(S)


Enacted 94-7-303 by Laws 1973, ch. 513, § 1; Revised Code of Montana 1947, 94-7-303. Amended by Laws 2009, ch. 56, § 1686, eff. Oct. 1, 2009.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-7-304

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 7. Offenses Against Public Administration

Part 3. Obstructing Governmental Operations

45-7-304. Failure to aid peace officer


(1) A peace officer may order a person to cooperate when it is reasonable for the peace officer to enlist the cooperation of that person in:


(a) effectuating or securing an arrest of another pursuant to 46-6-402; or


(b) preventing the commission by another of an offense.


(2) A person commits the offense of failure to aid a peace officer if the person knowingly refuses to obey an order described in subsection (1).


(3) A person convicted of the offense of failure to aid a peace officer shall be fined not to exceed $500 or be imprisoned in the county jail for a term not to exceed 6 months, or both.


CREDIT(S)


Enacted 94-7-304 by Laws 1973, ch. 513, § 1; Revised Code of Montana 1947, 94-7-304. Amended by Laws 2009, ch. 56, § 1687, eff. Oct. 1, 2009.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-7-305

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 7. Offenses Against Public Administration

Part 3. Obstructing Governmental Operations

45-7-305. Compounding of felony


(1) A person commits the offense of compounding a felony if the person knowingly accepts or agrees to accept any pecuniary benefit in consideration for:


(a) refraining from seeking prosecution of a felony; or


(b) refraining from reporting to law enforcement authorities the commission or suspected commission of any felony or information relating to a felony.


(2) A person convicted of compounding a felony shall be fined not to exceed $500 or be imprisoned in the county jail for a term not to exceed 6 months, or both.


CREDIT(S)


Enacted 94-7-305 by Laws 1973, ch. 513, § 1; Revised Code of Montana 1947, 94-7-305. Amended by Laws 2009, ch. 56, § 1688, eff. Oct. 1, 2009.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-7-306

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 7. Offenses Against Public Administration

Part 3. Obstructing Governmental Operations

45-7-306. Escape


(1)(a) “Official detention” means placement of a person in the legal custody of a municipality, a county, or the state as a result of:


(i) a conviction for an offense or of having been charged with an offense;


(ii) the actual or constructive restraint or custody of a person by a peace officer pursuant to arrest, transport, or court order;


(iii) detention for extradition or deportation;


(iv) placement in a community corrections facility or program;


(v) supervision while under a supervised release program;


(vi) participation in a county jail work program under 7-32-2225 through 7-32-2227; or


(vii) any lawful detention for the purpose of the protection of the welfare of the person detained or for the protection of society.


(b) Official detention does not include supervision of a person on probation or parole, constraint incidental to release on bail, or an unlawful arrest unless the person arrested employed physical force, a threat of physical force, or a weapon to escape.


(2) A person subject to official detention commits the offense of escape if the person knowingly or purposely eludes official detention or fails to return to official detention following temporary leave granted for a specific purpose or limited time. A person also commits the offense of escape if the person is participating in a county jail work program under 7-32-2225 through 7-32-2227 and knowingly or purposely fails to appear for work at a time and place scheduled for participation in the program.


(3) A person convicted of the offense of escape shall be:


(a) imprisoned in the state prison for a term not to exceed 20 years if the person escapes by the use or threat of force, physical violence, a weapon, or a simulated weapon;


(b) imprisoned in the state prison for a term not to exceed 10 years if the person escapes after having been charged with or convicted of a felony; or


(c) fined an amount not to exceed $500 or imprisoned in the county jail for a term not to exceed 6 months, or both, if the person escapes under circumstances other than those described in subsections (3)(a) and (3)(b).


CREDIT(S)


Enacted 94-7-306 by Laws 1973, ch. 513, § 1; Revised Code of Montana 1947, 94-7-306. Amended by Laws 1981, ch. 72, § 1; amended by Laws 1981, ch. 583, § 8; amended by Laws 1989, ch. 361, § 5; amended by Laws 1991, ch. 114, § 1; amended by Laws 1991, ch. 554, § 16; amended by Laws 1997, ch. 26, § 1.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-7-307

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 7. Offenses Against Public Administration

Part 3. Obstructing Governmental Operations

45-7-307. Transferring illegal articles--unauthorized communication


(1)(a) A person commits the offense of transferring illegal articles if the person knowingly or purposely transfers any illegal article or weapon to a person subject to official detention or is transferred any illegal article or weapon by a person subject to official detention.


(b) A person convicted of transferring illegal articles or a weapon shall be:


(i) imprisoned in a state prison for a term not to exceed 20 years, if the item transferred is a weapon;


(ii) imprisoned in a state prison for a term not to exceed 10 years, if the illegal article is a dangerous drug, as defined in 50-32-101; or


(iii) imprisoned in a state prison for a term not to exceed 13 months or be fined an amount not more than $1,500, or both, if the illegal article, other than a weapon or dangerous drug, is transferred to or from a person incarcerated in a state prison, as defined in 53-30-101(3)(c), or be fined an amount not more than $100 or be imprisoned in the county jail for any term not to exceed 10 days, or both, if the illegal article, other than a weapon or dangerous drug, is transferred to or from a person incarcerated in a place other than a state prison.


(c) Subsection (1)(b)(iii) does not apply unless the offender knew or was given sufficient notice so that the offender reasonably should have known that the article conveyed was an illegal article.


(2)(a) A person commits the offense of unauthorized communication if the person knowingly or purposely communicates with a person subject to official detention without the consent of the person in charge of the official detention.


(b) A person convicted of the offense of unauthorized communication shall be fined an amount not to exceed $100 or imprisoned in the county jail for any term not to exceed 10 days, or both.


CREDIT(S)


Enacted 94-7-307 by Laws 1973, ch. 513, § 1. Amended by Laws 1977, ch. 359, § 28; Revised Code of Montana 1947, 94-7-307; amended by Laws 1987, ch. 413, § 1; amended by Laws 2001, ch. 144, § 1.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-7-308

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 7. Offenses Against Public Administration

Part 3. Obstructing Governmental Operations

45-7-308. Bail-jumping


(1) A person commits the offense of bail-jumping if, having been set at liberty by court order, with or without security, upon condition that the person will subsequently appear at a specified time and place, the person purposely fails without lawful excuse to appear at that time and place.


(2) This section may not interfere with the exercise by any court of its power to punish for contempt.


(3) This section does not apply to a person set at liberty by court order upon condition that the person will appear in connection with a charge of having committed a misdemeanor, except that it applies when the judge has released the defendant on the defendant's own recognizance.


(4) A person convicted of bail-jumping in connection with a felony shall be imprisoned in the state prison for a term not to exceed 10 years. In all other cases, the person shall be fined not to exceed $500 or be imprisoned in the county jail for a term not to exceed 6 months, or both.


CREDIT(S)


Enacted 94-7-308 by Laws 1973, ch. 513, § 1; Revised Code of Montana 1947, 94-7-308. Amended by Laws 2009, ch. 56, § 1688, eff. Oct. 1, 2009.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-7-309

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 7. Offenses Against Public Administration

Part 3. Obstructing Governmental Operations

45-7-309. Criminal contempt


(1) A person commits the offense of criminal contempt when the person knowingly engages in any of the following conduct:


(a) disorderly, contemptuous, or insolent behavior committed during the sitting of a court in its immediate view and presence and directly tending to interrupt its proceedings or to impair the respect due to its authority;


(b) breach of the peace, noise, or other disturbance directly tending to interrupt a court's proceeding;


(c) purposely disobeying or refusing any lawful process or other mandate of a court;


(d) unlawfully refusing to be sworn as a witness in any court proceeding or, after being sworn, refusing to answer any legal and proper interrogatory;


(e) purposely publishing a false or grossly inaccurate report of a court's proceeding;


(f) purposely failing to obey any mandate, process, or notice relative to juries issued pursuant to Title 3, chapter 15; or


(g) purposely failing to comply with the requirements of the sobriety program provided for in Title 44, chapter 4, part 12, if ordered by a court to participate in the program.


(2) A person convicted of the offense of criminal contempt shall be fined not to exceed $500 or be imprisoned in the county jail for a term not to exceed 6 months, or both.


CREDIT(S)


Enacted 94-7-309 by Laws 1973, ch. 513, § 1; Revised Code of Montana 1947, 94-7-309. Amended by Laws 2009, ch. 56, § 1690, eff. Oct. 1, 2009; amended by Laws 2011, ch. 318, § 7, eff. Oct. 1, 2011.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-7-401

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 7. Offenses Against Public Administration

Part 4. Official Misconduct

45-7-401. Official misconduct


(1) A public servant commits the offense of official misconduct when in an official capacity the public servant commits any of the following acts:


(a) purposely or negligently fails to perform any mandatory duty as required by law or by a court of competent jurisdiction;


(b) knowingly performs an act in an official capacity that the public servant knows is forbidden by law;


(c) with the purpose to obtain a personal advantage or an advantage for another, performs an act in excess of the public servant's lawful authority;


(d) solicits or knowingly accepts for the performance of any act a fee or reward that the public servant knows is not authorized by law; or


(e) knowingly conducts a meeting of a public agency in violation of 2-3-203.


(2) A public servant convicted of the offense of official misconduct shall be fined not to exceed $500 or be imprisoned in the county jail for a term not to exceed 6 months, or both.


(3) The district court has exclusive jurisdiction in prosecutions under this section. Any action for official misconduct must be commenced by an information filed after leave to file has been granted by the district court or after a grand jury indictment has been found.


(4) A public servant who has been charged as provided in subsection (3) may be suspended from office without pay pending final judgment. Upon final judgment of conviction, the public servant shall permanently forfeit the public servant's office. Upon acquittal, the public servant must be reinstated in office and must receive all backpay.


(5) This section does not affect any power conferred by law to impeach or remove any public servant or any proceeding authorized by law to carry into effect an impeachment or removal.


CREDIT(S)


Enacted 94-7-401 by Laws 1973, ch. 513, § 1. Amended by Laws 1975, ch. 474, § 2; Revised Code of Montana 1947, 94-7-401; amended by Laws 2009, ch. 56, § 1691, eff. Oct. 1, 2009.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-7-501

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 7. Offenses Against Public Administration

Part 5. Employer Misconduct

45-7-501. Employer misconduct


(1) A person who is an employer, as defined in 39-71-117, commits the offense of employer misconduct if the person knowingly or purposely:


(a) avoids the person's responsibility to provide coverage for the person's employees as required by 39-71-401;


(b) misrepresents or falsifies employment records or information, including but not limited to understating the amount of payroll or the number of the person's employees; or


(c) refuses to pay premiums that the person is obligated to pay under compensation plan No. 2, as provided in Title 39, chapter 71, part 22, or compensation plan No. 3, as provided in Title 39, chapter 71, part 23.


(2) A person convicted of the offense of employer misconduct shall be fined an amount not to exceed $50,000 or be imprisoned in the state prison for any term not to exceed 10 years, or both.


CREDIT(S)


Enacted by Laws 1987, ch. 586, § 2. Amended by Laws 2009, ch. 56, § 1692, eff. Oct. 1, 2009.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-8-101

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 8. Offenses Against Public Order

Part 1. Conduct Disruptive of Public Order

45-8-101. Disorderly conduct


(1) A person commits the offense of disorderly conduct if the person knowingly disturbs the peace by:


(a) quarreling, challenging to fight, or fighting;


(b) making loud or unusual noises;


(c) using threatening, profane, or abusive language;


(d) discharging firearms, except at a shooting range during established hours of operation;


(e) rendering vehicular or pedestrian traffic impassable;


(f) rendering the free ingress or egress to public or private places impassable;


(g) disturbing or disrupting any lawful assembly or public meeting;


(h) transmitting a false report or warning of a fire or other catastrophe in a place where its occurrence would endanger human life;


(i) creating a hazardous or physically offensive condition by any act that serves no legitimate purpose; or


(j) transmitting a false report or warning of an impending explosion in a place where its occurrence would endanger human life.


(2) Except as provided in subsection (3), a person convicted of the offense of disorderly conduct shall be fined not to exceed $100 or be imprisoned in the county jail for a term not to exceed 10 days, or both.


(3) A person convicted of a violation of subsection (1)(j) shall be fined not to exceed $1,000 or be imprisoned in the county jail for a term not to exceed 1 year, or both.


CREDIT(S)


Enacted 94-8-101 by Laws 1973, ch. 513, § 1; Revised Code of Montana 1947, 94-8-101. Amended by Laws 1989, ch. 508, § 1; amended by Laws 1991, ch. 415, § 8; amended by Laws 2009, ch. 56, § 1693, eff. Oct. 1, 2009.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-8-102

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 8. Offenses Against Public Order

Part 1. Conduct Disruptive of Public Order

45-8-102. Failure of disorderly persons to disperse


(1) Where two or more persons are engaged in disorderly conduct, a peace officer, judge, or mayor may order the participants to disperse. A person who purposely refuses or knowingly fails to obey such an order commits the offense of failure to disperse.


(2) A person convicted of the offense of failure to disperse shall be fined not to exceed $100 or be imprisoned in the county jail for a term not to exceed 10 days, or both.


CREDIT(S)


Enacted 94-8-102 by Laws 1973, ch. 513, § 1; Revised Code of Montana 1947, 94-8-102.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-8-103

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 8. Offenses Against Public Order

Part 1. Conduct Disruptive of Public Order

45-8-103. Riot


(1) A person commits the offense of riot if the person purposely and knowingly disturbs the peace by engaging in an act of violence or threat to commit an act of violence as part of an assemblage of five or more persons and the act or threat presents a clear and present danger of or results in damage to property or injury to persons.


(2) Except as provided in subsection (3), a person convicted of the offense of riot shall be fined not to exceed $500 or be imprisoned in the county jail for a term not to exceed 6 months, or both.


(3) A person who commits the offense of riot by engaging in an act of violence while incarcerated at any state adult correctional facility or city or county jail shall be imprisoned for not less than 1 year or more than 5 years.


CREDIT(S)


Enacted 94-8-103 by Laws 1973, ch. 513, § 1; Revised Code of Montana 1947, 94-8-103. Amended by Laws 1983, ch. 54, § 1; amended by Laws 2009, ch. 56, § 1694, eff. Oct. 1, 2009.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-8-104

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 8. Offenses Against Public Order

Part 1. Conduct Disruptive of Public Order

45-8-104. Incitement to riot


(1) A person commits the offense of incitement to riot if the person purposely and knowingly commits an act or engages in conduct that urges other persons to riot. The act or conduct may not include the mere oral or written advocacy of ideas or expression of belief that does not urge the commission of an act of immediate violence.


(2) Except as provided in subsection (3), a person convicted of the offense of incitement to riot shall be fined not to exceed $500 or be imprisoned in the county jail for a term not to exceed 6 months, or both.


(3) A person who commits the offense of incitement to riot while incarcerated at any state adult correctional facility shall be imprisoned for not less than 1 year or more than 5 years.


CREDIT(S)


Enacted 94-8-104 by Laws 1973, ch. 513, § 1; Revised Code of Montana 1947, 94-8-104. Amended by Laws 1983, ch. 54, § 2; amended by Laws 2009, ch. 56, § 1695, eff. Oct. 1, 2009.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-8-105

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 8. Offenses Against Public Order

Part 1. Conduct Disruptive of Public Order

45-8-105. Criminal incitement


(1) “Criminal incitement” means the advocacy of crime, malicious damage or injury to property, or violence.


(2) A person commits the offense of criminal incitement if the person purposely or knowingly advocates the commission of a criminal offense and the advocacy is:


(a) directed to inciting or producing that imminent unlawful, criminal action; and


(b) likely to incite or produce that unlawful, criminal action.


(3) For purposes of this section, “imminent” means immediate in time, impending, or on the verge of happening.


(4) A person convicted of the offense of criminal incitement shall be imprisoned in the state prison for a term not to exceed 10 years.


CREDIT(S)


Enacted 94-7-503 by Laws 1973, ch. 513, § 1. Amended by Laws 1977, ch. 359, § 29; Revised Code of Montana 1947, 94-7-503; amended by Laws 1999, ch. 350, § 1.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-8-106

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 8. Offenses Against Public Order

Part 1. Conduct Disruptive of Public Order

45-8-106. Bringing armed individuals into state


(1) A person commits the offense of bringing armed individuals into the state when the person knowingly brings or aids in bringing into this state an armed individual or armed body of individuals for the purpose of engaging in criminal or socially disruptive activities or to usurp the powers of law enforcement authorities.


(2) A person convicted of the offense of bringing armed individuals into the state shall be imprisoned in the state prison for a term not to exceed 10 years or be fined an amount not to exceed $50,000, or both.


CREDIT(S)


Enacted 94-7-504 by Laws 1973, ch. 513, § 1; Revised Code of Montana 1947, 94-7-504. Amended by Laws 1981, ch. 198, § 7; amended by Laws 2009, ch. 56, § 1696, eff. Oct. 1, 2009.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-8-107

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 8. Offenses Against Public Order

Part 1. Conduct Disruptive of Public Order

45-8-107. Purpose


The legislature recognizes every citizen's constitutional right to express beliefs on any subject, to associate with others who share similar beliefs, and to keep or bear arms in defense of home, person, or property.Sections 45-8-107 through 45-8-109 are not intended to interfere with the exercise of rights protected by the United States constitution or the state constitution. The legislature finds that conspiracies and training activities in the furtherance of unlawful acts of violence against persons or property are not constitutionally protected, pose a threat to public order and safety, and are subject to criminal penalties.


CREDIT(S)


Enacted by Laws 1991, ch. 492, § 1.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-8-108

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 8. Offenses Against Public Order

Part 1. Conduct Disruptive of Public Order

45-8-108. Definitions


As used in 45-8-107 through 45-8-109, unless the context requires otherwise, the following definitions apply:


(1) “Civil disorder” means a public disturbance involving unlawful acts of violence by a group of two or more persons that causes an immediate danger of or results in injury to the property or person of any other individual.


(2) “Governmental military force” means:


(a) the national guard as defined in 10 U.S.C. 101;


(b) the organized militia of a state or territory of the United States, the Commonwealth of Puerto Rico, or the District of Columbia not included in the definition of the national guard; and


(c) the armed forces of the United States.


(3) “Law enforcement agency” means a department of public safety, a police department, a sheriff's office, the highway patrol, or a governmental unit of one or more persons employed by the state or federal government or a political subdivision of the state or federal government, for the purpose of detecting and preventing crime and enforcing laws or ordinances, whose employees are authorized to make arrests for crimes while acting in the scope of their authority.


(4) “Peace officer” has the meaning given in 45-2-101.


CREDIT(S)


Enacted by Laws 1991, ch. 492, § 2. Amended by Laws 2005, ch. 36, § 17.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-8-109

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 8. Offenses Against Public Order

Part 1. Conduct Disruptive of Public Order

45-8-109. Civil disorder--prohibited activities--penalties--exceptions


(1) A person is guilty of a crime if, with one or more other persons, the person purposely or knowingly assembles for the purpose of training in, instructing in the use of, or practicing with any technique or means capable of causing property damage, bodily injury, or death, with the purpose of employing the training, instruction, or practice in a civil disorder.


(2) A person convicted of violating the provisions of subsection (1) is guilty of a felony and shall be imprisoned in the state prison for a period not to exceed 10 years or be fined not to exceed $50,000, or both.


(3) Subsection (1) does not prohibit:


(a) an act protected pursuant to Article II of the Montana constitution;


(b) an act of a governmental military force;


(c) an act of a peace officer performed in the lawful performance of the officer's duties;


(d) an authorized activity of the department of fish, wildlife, and parks; the department of corrections; a law enforcement agency; or the law enforcement academy;


(e) training in nonviolent civil disobedience techniques;


(f) lawful self-defense or defense of others or an activity intended to teach or practice self-defense or self-defense techniques; or


(g) a facility, program, or lawful activity related to firearms instruction or training intended to teach the safe handling and use of firearms or activities or sports related to recreational use or possession of firearms.


(4) Sections 45-8-107 through 45-8-109 do not apply to an employer or employees involved in a labor dispute.


CREDIT(S)


Enacted by Laws 1991, ch. 492, § 3. Amended by Laws 1991, ch. 262, § 1; amended by Laws 1995, ch. 546, § 201.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-8-110

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 8. Offenses Against Public Order

Part 1. Conduct Disruptive of Public Order

45-8-110. Obstructing health care facility access


(1) A person commits the offense of obstructing health care facility access if the person knowingly obstructs, hinders, or blocks another person's entry into or exit from a health care facility. Commission of the offense includes but is not limited to knowingly approaching within 8 feet of a person who is entering or leaving a health care facility to give the person written or oral information, to display a sign, or to protest, counsel, or educate about a health issue, when the person does not consent to that activity and is within 36 feet of an entrance to or exit from the health care facility.


(2) A person convicted under this section shall be fined an amount not to exceed $100.


(3) For purposes of this section, “health care facility” means an office of a medical practitioner, as defined in 37-2-101, or any other facility or entity that is licensed, certified, or otherwise authorized by law to administer medical treatment in this state.


CREDIT(S)


Enacted by Laws 2005, ch. 331, § 1.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-8-111

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 8. Offenses Against Public Order

Part 1. Conduct Disruptive of Public Order

45-8-111. Public nuisance


(1) “Public nuisance” means:


(a) a condition that endangers safety or health, is offensive to the senses, or obstructs the free use of property so as to interfere with the comfortable enjoyment of life or property by an entire community or neighborhood or by any considerable number of persons;


(b) any premises where persons gather for the purpose of engaging in unlawful conduct; or


(c) a condition that renders dangerous for passage any public highway or right-of-way or waters used by the public.


(2) A person commits the offense of maintaining a public nuisance if the person knowingly creates, conducts, or maintains a public nuisance.


(3) Any act that affects an entire community or neighborhood or any considerable number of persons, as specified in subsection (1)(a), is no less a nuisance because the extent of the annoyance or damage inflicted upon individuals is unequal.


(4) An agricultural or farming operation, a place, an establishment, or a facility or any of its appurtenances or the operation of those things is not or does not become a public nuisance because of its normal operation as a result of changed residential or commercial conditions in or around its locality if the agricultural or farming operation, place, establishment, or facility has been in operation longer than the complaining resident has been in possession or commercial establishment has been in operation.


(5) Noises resulting from the shooting activities at a shooting range during established hours of operation are not considered a public nuisance.


(6) A person convicted of maintaining a public nuisance shall be fined not to exceed $500 or be imprisoned in the county jail for a term not to exceed 6 months, or both. Each day of the conduct constitutes a separate offense.


CREDIT(S)


Enacted 94-8-107 by Laws 1973, ch. 513, § 1. Amended by Laws 1977, ch. 359, § 30; Revised Code of Montana 1947, 94-8-107(1) thru (4); amended by Laws 1981, ch. 123, § 2; amended by Laws 1991, ch. 415, § 9; amended by Laws 2009, ch. 56, § 1697, eff. Oct. 1, 2009.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-8-112

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 8. Offenses Against Public Order

Part 1. Conduct Disruptive of Public Order

45-8-112. Action to abate public nuisance


(1) A public nuisance may be abated and the persons maintaining the nuisance and the possessor of the premises who permits the nuisance to be maintained may be enjoined from the conduct by an action in equity in the name of the state of Montana by the county attorney or any resident of the state.


(2) Upon the filing of the complaint in the action, the judge may issue a temporary injunction.


(3) In an action, evidence of the general reputation of the premises is admissible for the purpose of proving the existence of the nuisance.


(4) If the existence of the nuisance is established, an order of abatement must be entered as part of the judgment in the case. The judge issuing the order may:


(a) confiscate all fixtures used on the premises to maintain the nuisance and either sell them and transmit the proceeds to the county general fund, destroy them, or return them to their rightful ownership;


(b) close the premises for any period not to exceed 1 year, during which period the premises must remain in the custody of the court;


(c) allow the premises to be opened upon posting bond sufficient in amount to ensure compliance with the order of abatement. The bond must be forfeited if the nuisance is continued or resumed. The procedure for forfeiture or discharge of the bond is as provided in 46-9-502 and 46-9-503.


(d) impose any combination of subsections (4)(a) through (4)(c).


CREDIT(S)


Enacted 94-8-107 by Laws 1973, ch. 513, § 1. Amended by Laws 1977, ch. 359, § 30; Revised Code of Montana 1947, 94-8-107(5); amended by Laws 2009, ch. 56, § 1698, eff. Oct. 1, 2009.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-8-113

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 8. Offenses Against Public Order

Part 1. Conduct Disruptive of Public Order

45-8-113. Creating hazard


(1) A person commits the offense of creating a hazard if the person knowingly:


(a) discards in any place where it might attract children a container having a compartment of more than 1    1/2 cubic feet capacity and a door or lid that locks or fastens automatically when closed and cannot easily be opened from the inside and fails to remove the door, lid, or locking or fastening device;


(b) being the owner or otherwise having possession of property upon which there is a well, cistern, cesspool, mine shaft, or other hole of a depth of 4 feet or more and a top width of 12 inches or more, fails to cover or fence it with a suitable protective construction;


(c) tampers with an aircraft without the consent of the owner;


(d) being the owner or otherwise having possession of property upon which there is a steam engine or steam boiler, continues to use a steam engine or steam boiler that is in an unsafe condition;


(e) being a person in the act of game hunting, acts in a negligent manner or knowingly fails to give all reasonable assistance to any person whom the person has injured; or


(f) deposits any hard substance upon or between any railroad tracks that will tend to derail railroad cars or other vehicles.


(2) A person convicted of the offense of creating a hazard shall be fined not to exceed $500 or be imprisoned in the county jail for a term not to exceed 6 months, or both.


CREDIT(S)


Enacted 94-8-108 by Laws 1973, ch. 513, § 1. Amended by Laws 1977, ch. 359, § 31; Revised Code of Montana 1947, 94-8-108; amended by Laws 2009, ch. 56, § 1699, eff. Oct. 1, 2009.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-8-114

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 8. Offenses Against Public Order

Part 1. Conduct Disruptive of Public Order

45-8-114. Failure to yield party line


(1) Any person who fails to relinquish a telephone party line or public pay telephone after the person has been requested to do so to permit another to place an emergency call to a fire department or police department or for medical aid or ambulance service shall be imprisoned for a term not to exceed 10 days or be fined not to exceed $25, or both.


(2) It is a defense to prosecution under subsection (1) that the accused did not know or did not have reason to know of the emergency in question or that the accused was using the telephone party line or public pay telephone for an emergency call.


(3) Any person who requests another to relinquish a telephone party line or public pay telephone on the pretext that the person needs to place an emergency call, knowing the pretext to be false, shall be imprisoned for a term not to exceed 10 days or be fined not to exceed $25, or both.


(4) Each telephone company doing business in this state shall print a copy of subsections (1), (2), and (3) in each telephone directory published by it.


CREDIT(S)


Enacted 94-8-109 by Laws 1973, ch. 513, § 1; Revised Code of Montana 1947, 94-8-109. Amended by Laws 2009, ch. 56, § 1700, eff. Oct. 1, 2009.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-8-115

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 8. Offenses Against Public Order

Part 1. Conduct Disruptive of Public Order

45-8-115. Illegal posting of state and federal land


(1) A person commits the offense of illegal posting of state or federal land if, without authorization, the person knowingly posts land that is under the ownership or control of the state or federal government to restrict access or use of state or federal land.


(2) A person convicted of illegal posting of state or federal land shall be fined an amount not to exceed $500 or be imprisoned in the county jail for a term not to exceed 6 months, or both.


CREDIT(S)


Enacted by Laws 1991, ch. 743, § 1. Amended by Laws 2009, ch. 56, § 1701, eff. Oct. 1, 2009.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-8-116

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 8. Offenses Against Public Order

Part 1. Conduct Disruptive of Public Order

45-8-116. Funeral picketing--penalties


(1) A person commits the offense of funeral picketing if the person knowingly engages in picketing within 1,500 feet of any property boundary entrance to or exit from a funeral site during the period from 1 hour before the scheduled commencement of the funeral services until 1 hour after the actual completion of the funeral services.


(2) A person convicted of funeral picketing shall be fined an amount not less than $250 and not more than $1,000 or be imprisoned in the county jail for a term not to exceed 12 months, or both.


(3) This section does not affect any proceeding against a person for violation of any other provision of law. A district court may enjoin conduct proscribed by this section.


(4) In addition to, and not in lieu of, the penalties provided for in subsection (2), a district court may in a civil action award damages, including punitive damages, attorney fees, and other appropriate relief, to a person who suffers injury as a result of activity that may be a violation of this section.


(5) As used in this section, the following definitions apply:


(a) “Funeral” or “funeral services” means the ceremonies, rituals, and memorial services held in connection with the memorial of a deceased person or in connection with the burial, cremation, or other disposition of a human body, including the assembly and dispersal of the persons attending the funeral.


(b) “Funeral site” means a church, synagogue, mosque, funeral home, mortuary, cemetery, gravesite, mausoleum, or other public or private place where a funeral is conducted.


(c) “Picketing” means the making of any noise or diversion that can reasonably be expected to disturb a funeral by:


(i) standing, sitting, or repeated walking, riding, driving, or other similar action by a person displaying or carrying a banner, placard, flag, sign, or similar device that is not a part of the funeral services;


(ii) engaging, with or without the use of a sound amplification device, in loud oration, speech, singing, chanting, whistling, or yelling that is not part of the funeral services;


(iii) distributing any handbill, pamphlet, leaflet, or other written or printed material other than written material that is distributed as part of the funeral services; or


(iv) obstructing or preventing the intended uses of a public street, public sidewalk, or other public space.


CREDIT(S)


Enacted by Laws 2007, ch. 10, § 1.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-8-201

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 8. Offenses Against Public Order

Part 2. Offensive, Indecent, and Inhumane Conduct

45-8-201. Obscenity


(1) A person commits the offense of obscenity when, with knowledge of the obscene nature of the material, the person purposely or knowingly:


(a) sells, delivers, or provides or offers or agrees to sell, deliver, or provide any obscene writing, picture, record, or other representation or embodiment of the obscene to anyone under 18 years of age;


(b) presents or directs an obscene play, dance, or other performance, or participates in that portion of the performance that makes it obscene, to anyone under 18 years of age;


(c) publishes, exhibits, or otherwise makes available anything obscene to anyone under 18 years of age;


(d) performs an obscene act or otherwise presents an obscene exhibition of the person's body to anyone under 18 years of age;


(e) creates, buys, procures, or possesses obscene matter or material with the purpose to disseminate it to anyone under 18 years of age; or


(f) advertises or otherwise promotes the sale of obscene material or materials represented or held out by the person to be obscene.


(2) A thing is obscene if:


(a)(i) it is a representation or description of perverted ultimate sexual acts, actual or simulated;


(ii) it is a patently offensive representation or description of normal ultimate sexual acts, actual or simulated; or


(iii) it is a patently offensive representation or description of masturbation, excretory functions, or lewd exhibition of the genitals; and


(b) taken as a whole the material:


(i) applying contemporary community standards, appeals to the prurient interest in sex;


(ii) portrays conduct described in subsection (2)(a)(i), (2)(a)(ii), or (2)(a)(iii) in a patently offensive way; and


(iii) lacks serious literary, artistic, political, or scientific value.


(3) In any prosecution for an offense under this section, evidence is admissible to show:


(a) the predominant appeal of the material and what effect, if any, it would probably have on the behavior of people;


(b) the artistic, literary, scientific, educational, or other merits of the material;


(c) the degree of public acceptance of the material in the community;


(d) the appeal to prurient interest or absence of that appeal in advertising or other promotion of the material; or


(e) the purpose of the author, creator, publisher, or disseminator.


(4) A person convicted of obscenity shall be fined at least $500 but not more than $1,000 or be imprisoned in the county jail for a term not to exceed 6 months, or both.


(5) Cities, towns, or counties may adopt ordinances or resolutions that are more restrictive as to obscenity than the provisions of 45-8-206 and this section.


CREDIT(S)


Enacted 94-8-110 by Laws 1973, ch. 513, § 1. Amended by Laws 1975, ch. 407, § 1; Revised Code of Montana 1947, 94-8-110; amended app. Nov. 7, 1978, I.M. 79, § 1; amended by Laws 1989, ch. 571, § 5; amended by Laws 2009, ch. 56, § 1702, eff. Oct. 1, 2009.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-8-202

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 8. Offenses Against Public Order

Part 2. Offensive, Indecent, and Inhumane Conduct

45-8-202. Repealed by Laws 1989, ch. 571, § 7


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-8-203

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 8. Offenses Against Public Order

Part 2. Offensive, Indecent, and Inhumane Conduct

45-8-203. Certain motion picture theater employees not liable for prosecution


(1)(a) As used in this section, “employee” means any person regularly employed by the owner or operator of a motion picture theater if the person has no financial interest other than salary or wages in the ownership or operation of the motion picture theater, has no financial interest in or control over the selection of the motion pictures shown in the theater, and is working within the motion picture theater where the person is regularly employed.


(b) The term does not include a manager of the motion picture theater.


(2) An employee is not liable to prosecution under 45-8-201 and 45-8-206 or under any city or county ordinance for exhibiting or possessing with intent to exhibit any obscene motion picture provided the employee is acting within the scope of regular employment at a showing open to the public.


CREDIT(S)


Enacted 94-8-110.3 by Laws 1974, ch. 76, § 1; Revised Code of Montana 1947, 94-8-110.3. Amended by Laws 1989, ch. 571, § 6; amended by Laws 2009, ch. 56, § 1703, eff. Oct. 1, 2009.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-8-204

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 8. Offenses Against Public Order

Part 2. Offensive, Indecent, and Inhumane Conduct

45-8-204. Repealed by Laws 1989, ch. 440, § 18


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-8-205

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 8. Offenses Against Public Order

Part 2. Offensive, Indecent, and Inhumane Conduct

45-8-205. Definitions


As used in 45-8-205 through 45-8-208, the following definitions apply:


(1) “Display or dissemination of obscene material to minors” means that quality of a description, exhibition, presentation, or representation, in whatever form, of sexual conduct or sadomasochistic abuse when the material or performance, taken as a whole, has the following characteristics:


(a) its dominant theme appeals to a minor's prurient interest in sex;


(b) it depicts or describes sexual conduct or sadomasochistic abuse in a manner that is patently offensive to contemporary standards in the adult community with respect to what is suitable for minors; and


(c) it lacks serious literary, scientific, artistic, or political value for minors. If the court finds that the material or performance has serious literary, scientific, artistic, or political value for a significant percentage of normal older minors, the material or performance may not be found to lack such value for the entire class of minors.


(2) “Material” means a book, magazine, newspaper, pamphlet, poster, print, picture, figure, image, description, motion picture film, record, recording tape, or videotape (except a motion picture or videotape rated G, PG, PG-13, or R by the motion picture association of America).


(3) “Minor” means a person under 18 years of age.


(4) “Newsstand” means a stand that distributes or sells newspapers or magazines.


(5) “Performance” means any motion picture, film, or videotape (except a motion picture or videotape rated G, PG, PG-13, or R by the motion picture association of America); phonograph record; compact disk; tape recording; preview; trailer; play; show; skit; dance; or other exhibition played or performed before an audience of one or more, with or without consideration.


(6) “Person” means any individual, partnership, association, corporation, or other legal entity of any kind.


(7) “Prurient interest in sex” means a shameful or morbid interest in sex or excretion.


(8) “Sexual conduct” includes:


(a) vaginal, anal, or oral intercourse, whether actual or simulated, normal or perverted. A sexual act is simulated when it gives the appearance of depicting actual sexual activity or the consummation of an ultimate sexual act.


(b) masturbation, excretory functions, or lewd exhibition of uncovered genitals or female breasts;


(c) sadomasochistic abuse, meaning an act or condition that depicts torture, physical restraint by being fettered or bound, or flagellation of or by a nude person or a person clad in undergarments or in a revealing or bizarre costume.


(9) “Ultimate sexual act” means vaginal or anal sexual intercourse, fellatio, cunnilingus, or bestiality.


CREDIT(S)


Enacted by Laws 1989, ch. 571, § 1.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-8-206

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 8. Offenses Against Public Order

Part 2. Offensive, Indecent, and Inhumane Conduct

45-8-206. Public display or dissemination of obscene material to minors


(1) A person having custody, control, or supervision of any commercial establishment or newsstand may not knowingly or purposely:


(a) display obscene material to minors in such a way that minors, as a part of the invited public, will be able to view the material. However, a person is considered not to have displayed obscene material to minors if the material is kept behind devices commonly known as blinder racks so that the lower two-thirds of the material is not exposed to view or other reasonable efforts were made to prevent view of the material by a minor.


(b) sell, furnish, present, distribute, or otherwise disseminate to a minor or allow a minor to view, with or without consideration, any obscene material; or


(c) present to a minor or participate in presenting to a minor, with or without consideration, any performance that is obscene to minors.


(2) A person does not violate this section if:


(a) the person had reasonable cause to believe the minor was 18 years of age. “Reasonable cause” includes but is not limited to being shown a draft card, driver's license, marriage license, birth certificate, educational identification card, governmental identification card, tribal identification card, or other official or apparently official card or document purporting to establish that the person is 18 years of age;


(b) the person is, or is acting as, an employee of a bona fide public school, college, or university or a retail outlet affiliated with and serving the educational purposes of a school, college, or university and the material or performance was disseminated in accordance with policies approved by the governing body of the institution;


(c) the person is an officer, director, trustee, or employee of a public library or museum and the material or performance was acquired by the library or museum and disseminated in accordance with policies approved by the governing body of the library or museum;


(d) an exhibition in a state of nudity is for a bona fide scientific or medical purpose for a bona fide school, library, or museum; or


(e) the person is a retail sales clerk with no financial interest in the material or performance or in the establishment displaying or selling the material or performance.


CREDIT(S)


Enacted by Laws 1989, ch. 571, § 2. Amended by Laws 2007, ch. 180, § 6.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-8-207

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 8. Offenses Against Public Order

Part 2. Offensive, Indecent, and Inhumane Conduct

45-8-207. Notice of violation


Before a county attorney may prosecute a person for a continuing violation of 45-8-206, the county attorney shall determine that the material or performance is obscene to minors, give the alleged violator actual notice of the determination and notice that the person will be prosecuted if the person does not desist, and determine that the violation continued for at least 3 days after notice was received. The person may seek a declaratory judgment on the question of whether the material or performance is obscene to minors. The statute of limitations for the offense is tolled while the declaratory judgment or an appeal from it is pending.


CREDIT(S)


Enacted by Laws 1989, ch. 571, § 3. Amended by Laws 2009, ch. 56, § 1704, eff. Oct. 1, 2009.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-8-208

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 8. Offenses Against Public Order

Part 2. Offensive, Indecent, and Inhumane Conduct

45-8-208. Penalties


(1) A person who is convicted of violating 45-8-206 is guilty of a misdemeanor and may be fined an amount not to exceed $500 or be imprisoned for a term not to exceed 6 months, or both.


(2) For purposes of 45-8-206, multiple copies of the same title, monthly issue, volume and number issue, or other identical material constitutes a single offense.


CREDIT(S)


Enacted by Laws 1989, ch. 571, § 4.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-8-209

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 8. Offenses Against Public Order

Part 2. Offensive, Indecent, and Inhumane Conduct

45-8-209. Harming a police dog--penalty--definition


(1) A person commits the offense of harming a police dog if the person purposely or knowingly shoots, kills, or otherwise injures a police dog being used by a:


(a) law enforcement officer in discharging or attempting to discharge a legal duty in a reasonable and proper manner; or


(b) person while the person is under the control of and acting under the direction of an officer of an official law enforcement agency during the performance of the agency's law enforcement or search and rescue duties.


(2) A person convicted of the offense of harming a police dog may be fined an amount not to exceed $5,000 or be imprisoned in the state prison for a term not to exceed 1 year, or both.


(3) As used in this section, the following definitions apply:


(a) “Law enforcement officer” means a person who is a peace officer, as defined in 46-1-202, or any other agent of a criminal justice agency.


(b) “Police dog” means a dog that is:


(i) used by a law enforcement agency, as defined in 44-11-303, in the exercise of its authority;


(ii) specifically trained for law enforcement or search and rescue work; and


(iii) under the control of a law enforcement officer.


CREDIT(S)


Enacted by Laws 1985, ch. 536, §§ 1, 2. Amended by Laws 1989, ch. 258, § 1; amended by Laws 1991, ch. 800, § 258; amended by Laws 1997, ch. 63, § 1.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-8-210

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 8. Offenses Against Public Order

Part 2. Offensive, Indecent, and Inhumane Conduct

45-8-210. Causing animals to fight--owners, trainers, and spectators--penalties--exception--definition


(1) A person commits the offense of causing animals to fight if the person:


(a) owns, possesses, keeps, or trains any animal with the intent that the animal fight or be engaged in an exhibition of fighting with another animal;


(b) allows or causes any animal to fight with another animal or causes any animal to menace or injure another animal for the purpose of sport, amusement, or gain;


(c) knowingly permits any act in violation of subsection (1)(a) or (1)(b) to take place on any premises under the person's charge or control or aids or abets any act described in subsection (1)(a) or (1)(b);


(d) participates in any exhibition in which animals are fighting for the purpose of sport, amusement, or gain.


(2) A person convicted of violating this section is guilty of a felony and shall be fined an amount not to exceed $5,000 or be imprisoned in the state prison for a term of not less than 1 year or more than 5 years, or both.


(3) Nothing in this section prohibits the following:


(a) accepted husbandry practices used in the raising of livestock or poultry;


(b) the use of animals in the normal and usual course of rodeo events; or


(c) the use of animals in hunting and training as permitted by law.


(4) For purposes of this section, “animal” means any cock, bird, dog, or mammal except a human.


CREDIT(S)


Enacted by Laws 1985, ch. 410, §§ 2, 3. Amended by Laws 2009, ch. 56, § 1705, eff. Oct. 1, 2009.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-8-211

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 8. Offenses Against Public Order

Part 2. Offensive, Indecent, and Inhumane Conduct

45-8-211. Cruelty to animals--exceptions


(1) A person commits the offense of cruelty to animals if, without justification, the person knowingly or negligently subjects an animal to mistreatment or neglect by:


(a) overworking, beating, tormenting, torturing, injuring, or killing the animal;


(b) carrying or confining the animal in a cruel manner;


(c) failing to provide an animal in the person's custody with:


(i) food and water of sufficient quantity and quality to sustain the animal's normal health;


(ii) minimum protection for the animal from adverse weather conditions, with consideration given to the species;


(iii) in cases of immediate, obvious, serious illness or injury, licensed veterinary or other appropriate medical care;


(d) abandoning any helpless animal or abandoning any animal on any highway, railroad, or in any other place where it may suffer injury, hunger, or exposure or become a public charge; or


(e) promoting, sponsoring, conducting, or participating in an animal race of more than 2 miles, except a sanctioned endurance race.


(2)(a) A person convicted of the offense of cruelty to animals shall be fined an amount not to exceed $1,000 or be imprisoned in the county jail for a term not to exceed 1 year, or both. A person convicted of a second or subsequent offense of cruelty to animals or of a first or subsequent offense of aggravated animal cruelty shall be fined an amount not to exceed $2,500 or be sentenced to the department of corrections for a term not to exceed 2 years, or both.


(b) If the convicted person is the owner, the person may be required to forfeit any animal affected to the county in which the person is convicted. This provision does not affect the interest of any secured party or other person who has not participated in the offense.


(c) For the purposes of this subsection (2), when more than one animal is subject to cruelty to animals, each act may comprise a separate offense.


(3) In addition to the sentence provided in subsection (2), the court:


(a) shall require the defendant to pay all reasonable costs incurred in providing necessary veterinary attention and treatment for any animal affected, including reasonable costs of care incurred by a public or private animal control agency or humane animal treatment shelter;


(b) may require the defendant to pay all reasonable costs of necessary care of the affected animal that are incurred by a public or private animal control agency or humane animal treatment shelter; and


(c) shall prohibit or limit the defendant's ownership, possession, or custody of animals, as the court believes appropriate during the term of the sentence.


(4) This section does not prohibit:


(a) a person humanely destroying an animal for just cause;


(b) the use of commonly accepted agricultural and livestock practices on livestock;


(c) rodeo activities that meet humane standards of the professional rodeo cowboys association;


(d) lawful fishing, hunting, and trapping activities;


(e) lawful wildlife management practices;


(f) lawful scientific or agricultural research or teaching that involves the use of animals;


(g) services performed by a licensed veterinarian;


(h) lawful control of rodents and predators and other lawful animal damage control activities; or


(i) accepted training and discipline methods.


CREDIT(S)


Enacted 94-8-106 by Laws 1973, ch. 513, § 1; Revised Code of Montana 1947, 94-8-106. Amended by Laws 1985, ch. 148, § 1; amended by Laws 1985, ch. 410, § 1; amended by Laws 1991, ch. 424, § 1; amended by Laws 1993, ch. 556, § 1; amended by Laws 2003, ch. 358, § 1; amended by Laws 2003, ch. 366, § 1.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-8-212

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 8. Offenses Against Public Order

Part 2. Offensive, Indecent, and Inhumane Conduct

45-8-212. Criminal defamation


(1) Defamatory matter is anything that exposes a person or a group, class, or association to hatred, contempt, ridicule, degradation, or disgrace in society or injury to the person's or its business or occupation.


(2) Whoever, with knowledge of its defamatory character, orally, in writing, or by any other means, including by electronic communication, as defined in 45-8-213, communicates any defamatory matter to a third person without the consent of the person defamed commits the offense of criminal defamation and may be sentenced to imprisonment for not more than 6 months in the county jail or a fine of not more than $500, or both.


(3) Violation of subsection (2) is justified if:


(a) the defamatory matter is true;


(b) the communication is absolutely privileged;


(c) the communication consists of fair comment made in good faith with respect to persons participating in matters of public concern;


(d) the communication consists of a fair and true report or a fair summary of any judicial, legislative, or other public or official proceedings; or


(e) the communication is between persons each having an interest or duty with respect to the subject matter of the communication and is made with the purpose to further the interest or duty.


(4) A person may not be convicted on the basis of an oral communication of defamatory matter except upon the testimony of at least two other persons that they heard and understood the oral statement as defamatory or upon a plea of guilty or nolo contendere.


CREDIT(S)


Enacted 94-8-111 by Laws 1973, ch. 513, § 1; Revised Code of Montana 1947, 94-8-111. Amended by Laws 1997, ch. 230, § 1; amended by Laws 1999, ch. 395, § 5; amended by Laws 2003, ch. 344, § 3.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-8-213

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 8. Offenses Against Public Order

Part 2. Offensive, Indecent, and Inhumane Conduct

45-8-213. Privacy in communications


(1) Except as provided in 69-6-104, a person commits the offense of violating privacy in communications if the person knowingly or purposely:


(a) with the purpose to terrify, intimidate, threaten, harass, annoy, or offend, communicates with a person by electronic communication and uses obscene, lewd, or profane language, suggests a lewd or lascivious act, or threatens to inflict injury or physical harm to the person or property of the person. The use of obscene, lewd, or profane language or the making of a threat or lewd or lascivious suggestions is prima facie evidence of an intent to terrify, intimidate, threaten, harass, annoy, or offend.


(b) uses an electronic communication to attempt to extort money or any other thing of value from a person or to disturb by repeated communications the peace, quiet, or right of privacy of a person at the place where the communications are received;


(c) records or causes to be recorded a conversation by use of a hidden electronic or mechanical device that reproduces a human conversation without the knowledge of all parties to the conversation. This subsection (1)(c) does not apply to:


(i) elected or appointed public officials or to public employees when the transcription or recording is done in the performance of official duty;


(ii) persons speaking at public meetings;


(iii) persons given warning of the transcription or recording, and if one person provides the warning, either party may record; or


(iv) a health care facility, as defined in 50-5-101, or a government agency that deals with health care if the recording is of a health care emergency telephone communication made to the facility or agency.


(2) Except as provided in 69-6-104, a person commits the offense of violating privacy in communications if the person purposely intercepts an electronic communication. This subsection does not apply to elected or appointed public officials or to public employees when the interception is done in the performance of official duty or to persons given warning of the interception.


(3)(a) A person convicted of the offense of violating privacy in communications shall be fined an amount not to exceed $500 or be imprisoned in the county jail for a term not to exceed 6 months, or both.


(b) On a second conviction of subsection (1)(a) or (1)(b), a person shall be imprisoned in the county jail for a term not to exceed 1 year or be fined an amount not to exceed $1,000, or both.


(c) On a third or subsequent conviction of subsection (1)(a) or (1)(b), a person shall be imprisoned in the state prison for a term not to exceed 5 years or be fined an amount not to exceed $10,000, or both.


(4) “Electronic communication” means any transfer between persons of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic, or photo-optical system.


CREDIT(S)


Enacted 94-8-114 by Laws 1973, ch. 513, § 1. Amended by Laws 1977, ch. 359, § 33; Revised Code of Montana 1947, 94-8-114; amended by Laws 1979, ch. 356, § 1; amended by Laws 1991, ch. 177, § 1; amended by Laws 1999, ch. 354, § 3; amended by Laws 2001, ch. 77, § 8; amended by Laws 2003, ch. 344, § 4; amended by Laws 2005, ch. 435, § 1; amended by Laws 2007, ch. 214, § 1.


VALIDITY


<For validity of this section, see State v. Dugan, --- P.3d ----, 2013 WL 607824 (Mont. 2013).>


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-8-214

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 8. Offenses Against Public Order

Part 2. Offensive, Indecent, and Inhumane Conduct

45-8-214. Bribery in contests


(1) A person commits the offense of bribery in contests if the person purposely or knowingly offers, confers, or agrees to confer upon another or solicits, accepts, or agrees to accept from another:


(a) any pecuniary benefit as a consideration for the recipient's failure to use the recipient's best efforts in connection with any professional or amateur athletic contest, sporting event, or exhibition; or


(b) any benefit as consideration for a violation of a known duty as a person participating in, officiating, or connected with any professional or amateur athletic contest, sporting event, or exhibition.


(2) A person convicted of the offense of bribery in contests shall be fined not to exceed $5,000 or be imprisoned in the state prison for a term not to exceed 10 years, or both.


CREDIT(S)


Enacted 94-8-112 by Laws 1973, ch. 513, § 1; Revised Code of Montana 1947, 94-8-112. Amended by Laws 2009, ch. 56, § 1706, eff. Oct. 1, 2009.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-8-215

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 8. Offenses Against Public Order

Part 2. Offensive, Indecent, and Inhumane Conduct

45-8-215. Desecration of flags


(1) In this section, the term “flag” means anything that is or purports to be the official flag of the United States, the United States shield, the United States coat of arms, the Montana state flag, or a copy, picture, or representation of any of the described articles.


(2) A person commits the offense of desecration of flags if the person purposely or knowingly:


(a) publicly mutilates, defiles, or casts contempt upon the flag;


(b) places on or attaches to the flag any work, mark, design, or advertisement not properly a part of the flag or exposes to public view a flag so altered;


(c) manufactures or exposes to public view an article of merchandise or a wrapper or receptacle for merchandise upon which the flag is depicted; or


(d) uses the flag for commercial advertising purposes.


(3) A person convicted of the offense of desecration of flags shall be imprisoned in the state prison for any term not to exceed 10 years or be fined an amount not to exceed $50,000, or both.


(4) This section does not apply to flags depicted on written or printed documents or periodicals or on stationery, ornaments, pictures, or jewelry if there are not unauthorized words or designs on the flags and if the flag is not connected with any advertisement.


CREDIT(S)


Enacted 94-7-502 by Laws 1973, ch. 513, § 1; Revised Code of Montana 1947, 94-7-502. Amended by Laws 1981, ch. 198, § 7; amended by Laws 2009, ch. 56, § 1707, eff. Oct. 1, 2009.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-8-216

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 8. Offenses Against Public Order

Part 2. Offensive, Indecent, and Inhumane Conduct

45-8-216. Unlawful automated telephone solicitation--exceptions--penalties


(1) A person may not use an automated telephone system, device, or facsimile machine for the selection and dialing of telephone numbers and playing of recorded messages if a message is completed to the dialed number for the purpose of:


(a) offering goods or services for sale;


(b) conveying information on goods or services in soliciting sales or purchases;


(c) soliciting information;


(d) gathering data or statistics; or


(e) promoting a political campaign or any use related to a political campaign.


(2) This section does not prohibit the use of an automated telephone system, device, or facsimile machine described under subsection (1) for purposes of informing purchasers of the receipt, availability for delivery, delay in delivery, or other pertinent information on the status of any purchased goods or services, of responding to an inquiry initiated by any person, or of providing any other pertinent information when there is a preexisting business relationship. This section does not prohibit the use of an automated telephone system or device if the permission of the called party is obtained by a live operator before the recorded message is delivered.


(3) A person violating subsection (1) is subject to a fine of not more than $2,500.


CREDIT(S)


Enacted by Laws 1991, ch. 230, § 1.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-8-217

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 8. Offenses Against Public Order

Part 2. Offensive, Indecent, and Inhumane Conduct

45-8-217. Aggravated animal cruelty


A person commits the offense of aggravated animal cruelty if the person purposely or knowingly:


(1) kills or inflicts cruelty to an animal with the purpose of terrifying, torturing, or mutilating the animal; or


(2) inflicts cruelty to animals on a collection, kennel, or herd of 10 or more animals.


CREDIT(S)


Enacted by Laws 2003, ch. 366, § 2.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-8-218

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 8. Offenses Against Public Order

Part 2. Offensive, Indecent, and Inhumane Conduct

45-8-218, 45-8-219. Reserved


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-8-219

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 8. Offenses Against Public Order

Part 2. Offensive, Indecent, and Inhumane Conduct

45-8-218, 45-8-219. Reserved


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-8-220

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 8. Offenses Against Public Order

Part 2. Offensive, Indecent, and Inhumane Conduct

45-8-220. Criminal invasion of personal privacy


(1) Except as provided in subsection (2), a person commits the offense of invasion of personal privacy if the person knowingly or purposely obtains or attempts to obtain personal or confidential information about an individual while posing as the individual. A person convicted under this section shall be incarcerated for a term not to exceed 1 year or fined an amount not to exceed $10,000, or both.


(2) Subsection (1) does not apply to a person who poses as another individual with the express consent of that other individual.


CREDIT(S)


Enacted by Laws 2007, ch. 404, § 1.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-8-221

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 8. Offenses Against Public Order

Part 2. Offensive, Indecent, and Inhumane Conduct

45-8-221. Predatory loitering by sexual offender


(1) A person commits the offense of predatory loitering if the person:


(a) was previously convicted of a predatory sexual offense or sexual abuse of children;


(b) purposely or knowingly loiters:


(i) in the vicinity of a residence, school, church, or place of work of the person's previous victim; or


(ii) in the vicinity of any school, park, playground, church, bicycle or multiuse path, or other place frequented by minors of an age similar to the age of the victim of the previous sexual offense if the sexual offense concerned a minor; and


(c) has previously been requested by a person in authority to:


(i) leave the area in which the person loiters; or


(ii) leave any area in which the person has loitered.


(2) Proof of the offense of predatory loitering must also include proof that the person in authority has made a report of the request to the law enforcement agency with jurisdiction over the area, and the agency has documented the report.


(3) A person convicted of the offense of predatory loitering may be fined not more than $500 or be imprisoned for not more than 6 months, or both. A person convicted of a second or subsequent offense of predatory loitering may be fined not more than $1,000 or be imprisoned for not more than 1 year, or both.


(4) As used in this section, the following definitions apply:


(a) “Person in authority” includes a peace officer or:


(i) for the purposes of a school or playground, a principal, teacher, school staff member, parent or other adult relative of a child attending the school or playground, or other supervisor of minors;


(ii) for the purposes of a church, a minister, priest, rabbi, deacon, or other ecclesiastical official, a church staff member, or a parent or other adult relative of a child attending the church;


(iii) for the purposes of a park, playground, or bicycle or multiuse path, a person specified in subsection (3)(a)(i) or a park warden, guard, or host; or


(iv) for purposes of a place of work, a person employed at the place of work.


(b) “Predatory sexual offense” has the meaning provided in 46-23-502.


(c) “Sexual abuse of children” means commission of the offense provided in 45-5-625.


CREDIT(S)


Enacted by Laws 2011, ch. 274, § 1, eff. Oct. 1, 2011.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA T. 45, Ch. 8, Pt. 3, Refs & Annos

West's Montana Code Annotated Currentness

Title 45. Crimes

Chapter 8. Offenses Against Public Order

Part 3. Weapons


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-8-301

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 8. Offenses Against Public Order

Part 3. Weapons (Refs & Annos)

45-8-301. Uniformity of interpretation


Sections 45-8-302 through 45-8-305 and 45-8-307 must be interpreted and construed to effectuate their general purpose to make uniform the law of those states that enact them.


CREDIT(S)


Enacted by Laws 1935, ch. 43, § 11; reenacted Revised Code of Montana 1935, § 11317.10; Revised Code of Montana 1947, § 94-3110; redesignated 94-8-209 by Laws 1973, ch. 513, § 29; Revised Code of Montana 1947, 94-8-209. Amended by Laws 1999, ch. 466, § 1.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-8-302

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 8. Offenses Against Public Order

Part 3. Weapons (Refs & Annos)

45-8-302. Definitions


In 45-8-303 through 45-8-305 and 45-8-307, the following definitions apply:


(1) “Crime of violence” means any of the following crimes or an attempt to commit any of the crimes: any forcible felony, robbery, burglary, and criminal trespass.


(2) “Machine gun” means a firearm designed to discharge more than one shot by a single function of the trigger.


(3) “Person” includes a firm, partnership, association, or corporation.


CREDIT(S)


Enacted by Laws 1935, ch. 43, § 1; reenacted Revised Code of Montana 1935, § 11317.1; Revised Code of Montana 1947, § 94-3101; redesignated 94-8-201 by Laws 1973, ch. 513, § 29. Amended by Laws 1977, ch. 359, § 34; Revised Code of Montana 1947, 94-8-201; amended by Laws 1999, ch. 466, § 2.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-8-303

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 8. Offenses Against Public Order

Part 3. Weapons (Refs & Annos)

45-8-303. Possession or use of machine gun in connection with a crime


Possession or use of a machine gun in the perpetration or attempted perpetration of a crime of violence is hereby declared to be a crime punishable by imprisonment in the state penitentiary for a term of not less than 20 years.


CREDIT(S)


Enacted by Laws 1935, ch. 43, § 2; reenacted Revised Code of Montana 1935, 11317.2; Revised Code of Montana 1947, § 94-3102; redesignated 94-8-202 by Laws 1973, ch. 513, § 29; Revised Code of Montana 1947, 94-8-202.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-8-304

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 8. Offenses Against Public Order

Part 3. Weapons (Refs & Annos)

45-8-304. Possession or use of machine gun for offensive purpose


Possession or use of a machine gun for offensive or aggressive purpose is hereby declared to be a crime punishable by imprisonment in the state penitentiary for a term of not less than 10 years.


CREDIT(S)


Enacted by Laws 1935, ch. 43, § 3; reenacted Revised Code of Montana 1935, § 11317.3; Revised Code of Montana 1947, § 94-3103; redesignated 94-8-203 by Laws 1973, ch. 513, § 29; Revised Code of Montana 1947, 94-8-203.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-8-305

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 8. Offenses Against Public Order

Part 3. Weapons (Refs & Annos)

45-8-305. Presumption of offensive or aggressive purpose


Possession or use of a machine gun must be presumed to be for an offensive or aggressive purpose when the machine gun is in the possession of or used by a person who has been convicted of a crime of violence in any court of record, state or federal, in the United States of America or its territories or insular possessions.


CREDIT(S)


Enacted by Laws 1935, ch. 43, § 4; reenacted Revised Code of Montana 1935, § 11317.4; Revised Code of Montana 1947, § 94-3104; amended and redesignated 94-8-204 by Laws 1973, ch. 513, § 26. Amended by Laws 1977, ch. 359, § 35; Revised Code of Montana 1947, 94-8-204; amended by Laws 1999, ch. 466, § 3.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-8-306

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 8. Offenses Against Public Order

Part 3. Weapons (Refs & Annos)

45-8-306. Repealed by Laws 1999, ch. 466, § 6


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-8-307

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 8. Offenses Against Public Order

Part 3. Weapons (Refs & Annos)

45-8-307. Exceptions


Sections 45-8-301 through 45-8-305 and this section do not prohibit or interfere with:


(1) the manufacture of machine guns for and sale of machine guns to the military forces or the peace officers of the United States or of any political subdivision of the United States or transportation required for that purpose;


(2) the possession of a machine gun for a scientific purpose or the possession of a machine gun not usable as a weapon and possessed as a curiosity, ornament, or keepsake;


(3) the possession of a machine gun for a purpose manifestly not aggressive or offensive.


CREDIT(S)


Enacted by Laws 1935, ch. 43, § 6; reenacted Revised Code of Montana 1935, § 11317.6; Revised Code of Montana 1947, § 94-3106; redesignated 94-8-206 by Laws 1973, ch. 513, § 29; Revised Code of Montana 1947, 94-8-206. Amended by Laws 1999, ch. 466, § 4.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-8-308

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 8. Offenses Against Public Order

Part 3. Weapons (Refs & Annos)

45-8-308. Repealed by Laws 1999, ch. 466, § 6


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-8-309

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 8. Offenses Against Public Order

Part 3. Weapons (Refs & Annos)

45-8-309. Repealed by Laws 1999, ch. 466, § 6


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-8-310

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 8. Offenses Against Public Order

Part 3. Weapons (Refs & Annos)

45-8-310 to 45-8-312. Reserved


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-8-312

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 8. Offenses Against Public Order

Part 3. Weapons (Refs & Annos)

45-8-310 to 45-8-312. Reserved


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-8-313

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 8. Offenses Against Public Order

Part 3. Weapons (Refs & Annos)

45-8-313. Unlawful possession of firearm by convicted person


(1) A person commits the offense of unlawful possession of a firearm by a convicted person if the person purposely or knowingly purchases or possesses a firearm after the person has been convicted of:


(a) a felony for which the person received an additional sentence under 46-18-221; or


(b) an offense under the law of another state or of the United States that is equivalent to an offense that when committed in Montana is subject to an additional sentence under 46-18-221.


(2) A person convicted of unlawful possession of a firearm by a convicted person shall be imprisoned in a state prison for not less than 2 years or more than 10 years.


(3) A person who has been issued a permit under 45-8-314 may not be convicted of a violation of this section.


CREDIT(S)


Enacted by Laws 1995, ch. 555, § 2.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-8-314

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 8. Offenses Against Public Order

Part 3. Weapons (Refs & Annos)

45-8-314. Lifetime firearms supervision of certain convicted persons


(1) For the purposes of rehabilitation and public protection, a person convicted of an offense referred to in 45-8-313 shall, as part of the sentence imposed, be sentenced to life supervision by the state for the purpose of restricting the person's right to purchase and possess firearms. Active supervision by a probation or parole officer is not required but may be imposed by the court. “Supervision” means that the person may not violate 45-8-313 and must comply with other state and federal law restrictions on the purchase and possession of firearms.


(2)(a) A person subject to subsection (1) may apply to the district court for the county in which the person resides for a permit to purchase and possess one or more firearms. The person shall show good cause for the possession of each firearm sought to be purchased and possessed. The grant or denial of the application does not prevent the person from making another application, except that if an application is denied, another application may not be made for the next 12 months.


(b) The application must contain the following information:


(i) the person's full name and any past or present aliases;


(ii) the person's date and place of birth;


(iii) the person's address;


(iv) the person's occupation;


(v) the make and model of each firearm sought to be purchased and possessed;


(vi) the date and place of each conviction of an offense referred to in 45-8-313, the name of the offense, the state and county in which the offense occurred, the sentence imposed, the place or places of incarceration, and the date of discharge from supervision for the last offense;


(vii) the name and business address of the person's last probation or parole officer; and


(viii) any other information considered necessary by the court.


(c) The person shall, at the time of filing the application with the court, mail a copy to the county attorney and county sheriff.


(d) The county attorney or county sheriff may file a written objection with the court. If no objection is filed, the court may grant the permit if it finds that the person has shown good cause to purchase and possess the firearm or firearms listed in the application. If an objection is filed, a hearing must be held within 60 days after the filing of the objection. If the court first finds that the person has shown good cause to purchase and possess the firearm or firearms listed in the application and that, but for the objection, the court would have granted a permit, the court shall decide whether the objection is valid and overrides the good cause showing and requires denial of the permit.


CREDIT(S)


Enacted by Laws 1995, ch. 555, § 3.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-8-315

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 8. Offenses Against Public Order

Part 3. Weapons (Refs & Annos)

45-8-315. Definition


“Concealed weapon” means any weapon mentioned in 45-8-316 through 45-8-318 and 45-8-321 through 45-8-328 that is wholly or partially covered by the clothing or wearing apparel of the person carrying or bearing the weapon, except that for purposes of 45-8-321 through 45-8-328, concealed weapon means a handgun or a knife with a blade 4 or more inches in length that is wholly or partially covered by the clothing or wearing apparel of the person carrying or bearing the weapon.


CREDIT(S)


Enacted by Laws 1919, ch. 74, § 6; reenacted Revised Code of Montana 1921, § 11307; reenacted Revised Code of Montana 1935, § 11307; Revised Code of Montana 1947, § 94-3530; redesignated 94-8-215 by Laws 1973, ch. 513, § 29; Revised Code of Montana 1947, 94-8-215. Amended by Laws 1991, ch. 759, § 9.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-8-316

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 8. Offenses Against Public Order

Part 3. Weapons (Refs & Annos)

45-8-316. Carrying concealed weapons


(1) A person who carries or bears concealed upon the individual's person a dirk, dagger, pistol, revolver, slingshot, sword cane, billy, knuckles made of any metal or hard substance, knife having a blade 4 inches long or longer, razor, not including a safety razor, or other deadly weapon shall be punished by a fine not exceeding $500 or by imprisonment in the county jail for a period not exceeding 6 months, or both.


(2) A person who has previously been convicted of an offense, committed on a different occasion than the offense under this section, in this state or any other jurisdiction for which a sentence to a term of imprisonment in excess of 1 year could have been imposed and who carries or bears concealed upon the individual's person any of the weapons described in subsection (1) shall be punished by a fine not exceeding $1,000 or be imprisoned in the state prison for a period not exceeding 5 years, or both.


CREDIT(S)


Enacted by Laws 1919, ch. 74, § 1; reenacted Revised Code of Montana 1921, § 11302; reenacted Revised Code of Montana 1935, § 11302; Revised Code of Montana 1947, § 94-3525; redesignated 94-8-210 by Laws 1973, ch. 513, § 29. Amended by Laws 1977, ch. 359, § 36; amended by Laws 1977, ch. 411, § 1; Revised Code of Montana 1947, 94-8-210; amended by Laws 2009, ch. 56, § 1708, eff. Oct. 1, 2009.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-8-317

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 8. Offenses Against Public Order

Part 3. Weapons (Refs & Annos)

45-8-317. Exceptions


(1) Section 45-8-316 does not apply to:


(a) any peace officer of the state of Montana or of another state who has the power to make arrests;


(b) any officer of the United States government authorized to carry a concealed weapon;


(c) a person in actual service as a member of the national guard;


(d) a person summoned to the aid of any of the persons named in subsections (1)(a) through (1)(c);


(e) a civil officer or the officer's deputy engaged in the discharge of official business;


(f) a probation and parole officer authorized to carry a firearm under 46-23-1002;


(g) a person issued a permit under 45-8-321 or a person with a permit recognized under 45-8-329;


(h) an agent of the department of justice or a criminal investigator in a county attorney's office;


(i) a person who is outside the official boundaries of a city or town or the confines of a logging, lumbering, mining, or railroad camp or who is lawfully engaged in hunting, fishing, trapping, camping, hiking, backpacking, farming, ranching, or other outdoor activity in which weapons are often carried for recreation or protection;


(j) the carrying of arms on one's own premises or at one's home or place of business; or


(k) the carrying of a concealed weapon in the state capitol by a legislative security officer who has been issued a permit under 45-8-321 or with a permit recognized under 45-8-329.


(2) With regard to a person issued a permit under 45-8-321, the provisions of 45-8-328 do not apply to this section.


CREDIT(S)


Enacted by Laws 1919, ch. 74, § 3; reenacted Revised Code of Montana 1921, § 11304; reenacted Revised Code of Montana 1935, § 11304; Revised Code of Montana 1947, § 94-3527. Amended by Laws 1969, ch. 63, § 1; amended by Laws 1971, ch. 54, § 1; redesignated 94-8-212 by Laws 1973, ch. 513, § 29; amended by Laws 1977, ch. 359, § 37; Revised Code of Montana 1947, 94-8-212; amended by Laws 1989, ch. 639, § 2; amended by Laws 1991, ch. 759, § 10; amended by Laws 1997, ch. 42, § 195; amended by Laws 1999, ch. 476, § 1; amended by Laws 2011, ch. 384, § 1, eff. Oct. 1, 2011.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-8-318

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 8. Offenses Against Public Order

Part 3. Weapons (Refs & Annos)

45-8-318. Possession of deadly weapon by prisoner or youth in facility


(1) A person commits the offense of possession of a deadly weapon by a prisoner if the person purposely or knowingly possesses or carries or has under the person's custody or control without lawful authority a dirk, dagger, pistol, revolver, slingshot, sword cane, billy, knuckles made of any metal or hard substance, knife, razor not including a safety razor, or other deadly weapon while the person is:


(a) a person committed to a state prison or incarcerated in a county jail, city jail, or regional jail and is:


(i) at a state prison, a state prison farm or ranch, or jail;


(ii) being conveyed to or from a place listed in this subsection (1)(a); or


(iii) under the custody of prison or jail officials, officers, or employees; or


(b) a person in a youth detention facility, secure detention facility, regional detention facility, short-term detention center, state youth correctional facility, or shelter care facility, as those terms are defined in 41-5-103, and is at the facility, being conveyed to or from the facility, or under the custody of the facility officials, officers, or employees.


(2) A person convicted of the offense of possession of a deadly weapon by a prisoner shall be punished by imprisonment in the state prison for a term not less than 5 years or more than 15 years, by a fine of not more than $50,000, or by both fine and imprisonment.


(3) The youth court has jurisdiction of any violation of subsection (1)(b) unless the charge is filed in district court, in which case the district court has jurisdiction.


CREDIT(S)


Enacted by Laws 1961, ch. 131, § 1; Revised Code of Montana 1947, § 94-3527.1; redesignated 94-8-213 by Laws 1973, ch. 513, § 29; Revised Code of Montana 1947, 94-8-213. Amended by Laws 1981, ch. 198, § 7; amended by Laws 1987, ch. 424, § 1; amended by Laws 1997, ch. 168, § 1; amended by Laws 1997, ch. 550, § 78; amended by Laws 1999, ch. 491, § 3.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-8-319

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 8. Offenses Against Public Order

Part 3. Weapons (Refs & Annos)

45-8-319. Repealed by Laws 1991, ch. 759, § 14


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-8-320

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 8. Offenses Against Public Order

Part 3. Weapons (Refs & Annos)

45-8-320. Repealed by Laws 1979, ch. 312, § 1


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-8-321

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 8. Offenses Against Public Order

Part 3. Weapons (Refs & Annos)

45-8-321. Permit to carry concealed weapon


(1) A county sheriff shall, within 60 days after the filing of an application, issue a permit to carry a concealed weapon to the applicant. The permit is valid for 4 years from the date of issuance. An applicant must be a United States citizen who is 18 years of age or older and who holds a valid Montana driver's license or other form of identification issued by the state that has a picture of the person identified. An applicant must have been a resident of the state for at least 6 months. Except as provided in subsection (2), this privilege may not be denied an applicant unless the applicant:


(a) is ineligible under Montana or federal law to own, possess, or receive a firearm;


(b) has been charged and is awaiting judgment in any state of a state or federal crime that is punishable by incarceration for 1 year or more;


(c) subject to the provisions of subsection (6), has been convicted in any state or federal court of:


(i) a crime punishable by more than 1 year of incarceration; or


(ii) regardless of the sentence that may be imposed, a crime that includes as an element of the crime an act, attempted act, or threat of intentional homicide, serious bodily harm, unlawful restraint, sexual abuse, or sexual intercourse or contact without consent;


(d) has been convicted under 45-8-327 or 45-8-328, unless the applicant has been pardoned or 5 years have elapsed since the date of the conviction;


(e) has a warrant of any state or the federal government out for the applicant's arrest;


(f) has been adjudicated in a criminal or civil proceeding in any state or federal court to be an unlawful user of an intoxicating substance and is under a court order of imprisonment or other incarceration, probation, suspended or deferred imposition of sentence, treatment or education, or other conditions of release or is otherwise under state supervision;


(g) has been adjudicated in a criminal or civil proceeding in any state or federal court to be mentally ill, mentally defective, or mentally disabled and is still subject to a disposition order of that court; or


(h) was dishonorably discharged from the United States armed forces.


(2) The sheriff may deny an applicant a permit to carry a concealed weapon if the sheriff has reasonable cause to believe that the applicant is mentally ill, mentally defective, or mentally disabled or otherwise may be a threat to the peace and good order of the community to the extent that the applicant should not be allowed to carry a concealed weapon. At the time an application is denied, the sheriff shall, unless the applicant is the subject of an active criminal investigation, give the applicant a written statement of the reasonable cause upon which the denial is based.


(3) An applicant for a permit under this section must, as a condition to issuance of the permit, be required by the sheriff to demonstrate familiarity with a firearm by:


(a) completion of a hunter education or safety course approved or conducted by the department of fish, wildlife, and parks or a similar agency of another state;


(b) completion of a firearms safety or training course approved or conducted by the department of fish, wildlife, and parks, a similar agency of another state, a national firearms association, a law enforcement agency, an institution of higher education, or an organization that uses instructors certified by a national firearms association;


(c) completion of a law enforcement firearms safety or training course offered to or required of public or private law enforcement personnel and conducted or approved by a law enforcement agency;


(d) possession of a license from another state to carry a firearm, concealed or otherwise, that is granted by that state upon completion of a course described in subsections (3)(a) through (3)(c); or


(e) evidence that the applicant, during military service, was found to be qualified to operate firearms, including handguns.


(4) A photocopy of a certificate of completion of a course described in subsection (3), an affidavit from the entity or instructor that conducted the course attesting to completion of the course, or a copy of any other document that attests to completion of the course and can be verified through contact with the entity or instructor that conducted the course creates a presumption that the applicant has completed a course described in subsection (3).


(5) If the sheriff and applicant agree, the requirement in subsection (3) of demonstrating familiarity with a firearm may be satisfied by the applicant's passing, to the satisfaction of the sheriff or of any person or entity to which the sheriff delegates authority to give the test, a physical test in which the applicant demonstrates the applicant's familiarity with a firearm.


(6) A person, except a person referred to in subsection (1)(c)(ii), who has been convicted of a felony and whose rights have been restored pursuant to Article II, section 28, of the Montana constitution is entitled to issuance of a concealed weapons permit if otherwise eligible.


CREDIT(S)


Enacted by Laws 1991, ch. 759, § 1. Amended by Laws 1995, ch. 408, § 1; amended by Laws 1999, ch. 581, § 3; amended by Laws 2009, ch. 332, § 7, eff. April 27, 2009.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-8-322

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 8. Offenses Against Public Order

Part 3. Weapons (Refs & Annos)

45-8-322. Application, renewal, permit, and fees


(1) The application form must be readily available at the sheriff's office and must read as follows:


CONCEALED WEAPON PERMIT APPLICATION


To be completed by each person making application:


RESIDENT OF MONTANA AT LEAST 6 MONTHS

( ) Yes

( ) No

CITIZEN OF THE UNITED STATES

( ) Yes

( ) No

18 YEARS OF AGE OR OLDER

( ) Yes

( ) No

 
 

 

PLEASE TYPE OR PRINT

   

 
 

 

Full name:

Last

First

Middle

Alias/Maiden/Nickname:

Address:Home:

Zip

Employer:

Zip

Phone:

........./

........./

..........

   

 

Home

Employer

Message

   

Place of birth:

Date of birth:

Driver's license #:

Issuing state:

Social Security #:

 

Sex ...... Ht. ...... Wt. ...... Eyes ...... Hair ......

LIST EACH FORMER EMPLOYER OR BUSINESS ENGAGED IN FOR THE LAST 5 YEARS:


 

Employer or

business name

 

Address

 

Dates of employment

 

1.

 

 

 

2.

 

 

 

3.

 

 

 

4.

 

 

 

5.

 

 

 

6.

 

 

 

LIST EACH PLACE IN WHICH YOU HAVE LIVED FOR THE LAST 5 YEARS:


 

City

 

State

 

Dates of residence

 

1.

 

 

 

2.

 

 

 

3.

 

 

 

4.

 

 

 

5.

 

 

 

6.

 

 

 

MILITARY SERVICE, BRANCH .... FROM .... TO ....


TYPE OF DISCHARGE .... RANK UPON DISCHARGE ....


HAVE YOU EVER BEEN ARRESTED FOR OR CONVICTED OF A CRIME OR FOUND GUILTY IN A COURT-MARTIAL PROCEEDING?


( ) YES ( ) NO


IF YES, COMPLETE THE FOLLOWING (Exceptions: minor traffic violations)(Attach additional sheet if necessary):


 

City

 

State

 

Charge

 

Date

 

1.

 

 

 

 

2.

 

 

 

 

3.

 

 

 

 

4.

 

 

 

 

5.

 

 

 

 

LIST THREE PERSONS WHOM YOU HAVE KNOWN FOR AT LEAST 5 YEARS THAT WILL BE CREDIBLE WITNESSES TO YOUR GOOD MORAL CHARACTER AND PEACEABLE DISPOSITION (DO NOT include relatives or present/past employers):


 

Name

 

Address

 

Phone

 

1.

 

 

 

2.

 

 

 

3.

 

 

 

PLEASE EXPLAIN YOUR REASONS FOR REQUESTING THIS PERMIT (Attach additional sheet if necessary):


I, the undersigned applicant, swear that the foregoing information is true and correct to the best of my knowledge and belief and is given with the full knowledge that any misstatement may be sufficient cause for denial or revocation of a permit to carry a concealed weapon. I authorize any person having information concerning me that relates to the information requested by this application and the requirements for a concealed weapon permit, either public record or otherwise, to furnish it to the sheriff to whom this application is made.


................................................................................

Signature

................................................................................

Date of application

This application must be signed in the presence of the sheriff or a designee.


(2) The application must be in triplicate. The applicant must be given the original at the time the completed application is filed with the sheriff, the sheriff shall keep a copy for at least 4 years, and a copy must, within 7 days of the sheriff's receipt of the application, be mailed to the chief of police if the applicant resides in a city or town with a police force.


(3) The fee for issuance of a permit is $50. The permit must be renewed for additional 4-year periods upon payment of a $25 fee for each renewal and upon request for renewal made within 90 days before expiration of the permit. The permit and each renewal must be in triplicate, in a form prescribed by the department of justice, and must, at a minimum, include the name, address, physical description, signature, driver's license number, state identification card number, or tribal identification card number, and a picture of the permittee. A person in the United States armed forces satisfies the requirement of submitting a picture if the person submits pictures of the front of the person's military identification card and the person's Montana driver's license. The permit must state that federal and state laws on possession of firearms and other weapons differ and that a person who violates the federal law may be prosecuted in federal court and the Montana permit will not be a defense. The permittee must be given the original, and the sheriff shall keep a copy and send a copy to the department of justice, which shall keep a central repository record of all permits. Replacement of a lost permit must be treated as a renewal under this subsection.


(4) The sheriff shall conduct a background check of an applicant to determine whether the applicant is eligible for a permit under 45-8-321, may require an applicant to submit the applicant's fingerprints, and may charge the applicant $5 for fingerprinting.


(5) Permit, background, and fingerprinting fees may be retained by the sheriff and used to implement 45-8-321 through 45-8-325.


(6) A state or local government law enforcement agency or other agency or any of its officers or employees may not request a permittee to voluntarily submit information in addition to that required on an application and permit.


CREDIT(S)


Enacted by Laws 1991, ch. 759, § 2. Amended by Laws 1999, ch. 581, § 4; amended by Laws 2007, ch. 180, § 7.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.




MCA 45-8-323

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 8. Offenses Against Public Order

Part 3. Weapons (Refs & Annos)

45-8-323. Denial of renewal--revocation of permit


A permit to carry a concealed weapon may be revoked or its renewal denied by the sheriff of the county in which the permittee resides if circumstances arise that would require the sheriff to refuse to grant the permittee an original license.


CREDIT(S)


Enacted by Laws 1991, ch. 759, § 3.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-8-324

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 8. Offenses Against Public Order

Part 3. Weapons (Refs & Annos)

45-8-324. Appeal


The denial or revocation of a permit to carry a concealed weapon or refusal of a renewal is subject to appeal to the district court, which may consider and determine facts as well as law and which is not bound by any factual, legal, or other determination of the sheriff, and from that court to the Montana supreme court. To the extent applicable, Title 25, chapter 33, governs the appeal.


CREDIT(S)


Enacted by Laws 1991, ch. 759, § 4. Amended by Laws 1995, ch. 408, § 2.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-8-325

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 8. Offenses Against Public Order

Part 3. Weapons (Refs & Annos)

45-8-325. Permittee change of county of residence--notification to sheriffs and chief of police


A person with a permit to carry a concealed weapon who changes the person's county of residence shall within 10 days of the change inform the sheriffs of both the old and new counties of residence of the change of residence and that the person holds the permit. If the person's residence changes either from or to a city or town with a police force, the person shall also inform the chief of police in each of those cities or towns that has a police force.


CREDIT(S)


Enacted by Laws 1991, ch. 759, § 5. Amended by Laws 2009, ch. 56, § 1709, eff. Oct. 1, 2009.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-8-326

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 8. Offenses Against Public Order

Part 3. Weapons (Refs & Annos)

45-8-326. Immunity from liability


A sheriff, employee of a sheriff's office, or county is not liable for damages in a civil action by a person or entity claiming death, personal injury, or property damage arising from alleged wrongful or improper grant of, renewal of, or failure to revoke a permit to carry a concealed weapon, except for actions that constitute willful misconduct or gross negligence.


CREDIT(S)


Enacted by Laws 1991, ch. 759, § 6.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-8-327

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 8. Offenses Against Public Order

Part 3. Weapons (Refs & Annos)

45-8-327. Carrying concealed weapon while under influence


A person commits the offense of carrying a concealed weapon while under the influence if the person purposely or knowingly carries a concealed weapon while under the influence of an intoxicating substance. It is not a defense that the person had a valid permit to carry a concealed weapon. A person convicted of the offense shall be imprisoned in the county jail for a term not to exceed 6 months or be fined an amount not to exceed $500, or both.


CREDIT(S)


Enacted by Laws 1991, ch. 759, § 7. Amended by Laws 2009, ch. 56, § 1710, eff. Oct. 1, 2009.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-8-328

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 8. Offenses Against Public Order

Part 3. Weapons (Refs & Annos)

45-8-328. Carrying concealed weapon in prohibited place--penalty


(1) Except for legislative security officers authorized to carry a concealed weapon in the state capitol as provided in 45-8-317(1)(k), a person commits the offense of carrying a concealed weapon in a prohibited place if the person purposely or knowingly carries a concealed weapon in:


(a) portions of a building used for state or local government offices and related areas in the building that have been restricted;


(b) a bank, credit union, savings and loan institution, or similar institution during the institution's normal business hours. It is not an offense under this section to carry a concealed weapon while:


(i) using an institution's drive-up window, automatic teller machine, or unstaffed night depository; or


(ii) at or near a branch office of an institution in a mall, grocery store, or other place unless the person is inside the enclosure used for the institution's financial services or is using the institution's financial services.


(c) a room in which alcoholic beverages are sold, dispensed, and consumed under a license issued under Title 16 for the sale of alcoholic beverages for consumption on the premises.


(2) It is not a defense that the person had a valid permit to carry a concealed weapon. A person convicted of the offense shall be imprisoned in the county jail for a term not to exceed 6 months or fined an amount not to exceed $500, or both.


CREDIT(S)


Enacted by Laws 1991, ch. 759, § 8. Amended by Laws 1999, ch. 572, § 1; amended by Laws 2011, ch. 384, § 2, eff. Oct. 1, 2011.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-8-329

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 8. Offenses Against Public Order

Part 3. Weapons (Refs & Annos)

45-8-329. Concealed weapon permits from other states recognized--advisory council


(1) A concealed weapon permit from another state is valid in this state if:


(a) the person issued the permit has the permit in the person's immediate possession;


(b) the person bearing the permit is also in possession of an official photo identification of the person, whether on the permit or on other identification; and


(c) the state that issued the permit requires a criminal records background check of permit applicants prior to issuance of a permit.


(2) The attorney general shall develop and maintain a list of states from which permits are recognized under this section for the use by law enforcement agencies in this state.


(3) A determination or declaration of a Montana government entity, official, or employee is not necessary to the existence and exercise of the privilege granted by this section.


(4) The governor shall establish a council, composed of interested persons, including law enforcement personnel and gun owners, to advise the governor on and pursue concealed weapon permit issues.


CREDIT(S)


Enacted by Laws 1995, ch. 408, § 3. Amended by Laws 1999, ch. 476, § 2.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-8-330

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 8. Offenses Against Public Order

Part 3. Weapons (Refs & Annos)

45-8-330. Exemption of concealed weapon permittee from federal handgun purchase background check and waiting period


<Text effective until occurrence of contingency>


A person possessing a concealed weapon permit is:


(1) considered to have a permit constituting completion of the background check required by 18 U.S.C. 921 through 925A; and


(2) exempt from that act's 5-day waiting period for the purchase of a handgun.


CREDIT(S)


Enacted by Laws 1995, ch. 408, § 4.


CONTINGENT TERMINATION


<Laws 1995, ch. 408, § 5, provides that subsection (1) terminates on the date on which the Governor certifies that the federal background check referred to in subsection (1) is no longer required by federal statutory or case law and that subsection (2) terminates on the date on which the Governor certifies that the federal 5-day waiting period referred to in subsection (2) is no longer required by federal statutory or case law.>


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.




MCA 45-8-331

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 8. Offenses Against Public Order

Part 3. Weapons (Refs & Annos)

45-8-331. Switchblade knives


(1) A person who carries or bears upon the individual's person, who carries or bears within or on any motor vehicle or other means of conveyance owned or operated by the person, or who owns, possesses, uses, stores, gives away, sells, or offers for sale a switchblade knife shall be punished by a fine not exceeding $500 or by imprisonment in the county jail for a period not exceeding 6 months, or both.


(2) A bona fide collector whose collection is registered with the sheriff of the county in which the collection is located is exempted from the provisions of this section.


(3) For the purpose of this section, a switchblade knife is defined as any knife that has a blade 1    1/2 inches long or longer that opens automatically by hand pressure applied to a button, spring, or other device in the handle of the knife.


CREDIT(S)


Enacted by Laws 1957, ch. 243, § 1; Revised Code of Montana 1947, § 94-35-273; redesignated 94-8-226 by Laws 1973, ch. 513, § 29; Revised Code of Montana 1947, 94-8-226. Amended by Laws 2009, ch. 56, § 1711, eff. Oct. 1, 2009.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-8-332

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 8. Offenses Against Public Order

Part 3. Weapons (Refs & Annos)

45-8-332. Definitions


(1) “Destructive device”, as used in this chapter, includes but is not limited to the following weapons:


(a) a projectile containing an explosive or incendiary material or any other similar chemical substance, including but not limited to that which is commonly known as tracer or incendiary ammunition, except tracer ammunition manufactured for use in shotguns;


(b) a bomb, grenade, explosive missile, or similar device or a launching device therefor;


(c) a weapon of a caliber greater than .60 caliber which fires fixed ammunition or any ammunition therefor, other than a shotgun or shotgun ammunition;


(d) a rocket, rocket-propelled projectile, or similar device of a diameter greater than 0.60 inch or a launching device therefor and a rocket, rocket-propelled projectile, or similar device containing an explosive or incendiary material or any other similar chemical substance other than the propellant for the device, except devices designed primarily for emergency or distress signaling purposes;


(e) a breakable container which contains a flammable liquid with a flashpoint of 150 degrees Fahrenheit or less and which has a wick or similar device capable of being ignited, other than a device which is commercially manufactured primarily for the purpose of illumination.


(2) “Explosive”, as used in this chapter, means any explosive defined in rules adopted by the department of justice pursuant to 50-3-102(3).


CREDIT(S)


Enacted by Laws 1971, ch. 304, § 1; Revised Code of Montana 1947, § 69-1931; amended and redesignated 94-8-209.1 by Laws 1977, ch. 359, § 72; Revised Code of Montana 1947, 94-8-209.1. Amended by Laws 1985, ch. 187, § 1; amended by Laws 1991, ch. 706, § 1.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-8-333

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 8. Offenses Against Public Order

Part 3. Weapons (Refs & Annos)

45-8-333. Reckless or malicious use of explosives


A person who recklessly or maliciously uses, handles, or has in the person's possession any blasting powder, giant or Hercules powder, giant caps, or other highly explosive substance through which any human being is intimidated, terrified, or endangered is guilty of a misdemeanor.


CREDIT(S)


Enacted Penal Code 1895, § 713; reenacted Revised Code 1907, § 8551; reenacted Revised Code of Montana 1921, § 2812; reenacted Revised Code of Montana 1935, § 2812; Revised Code of Montana 1947, 69-1927. Amended by Laws 2009, ch. 56, § 1712, eff. Oct. 1, 2009.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-8-334

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 8. Offenses Against Public Order

Part 3. Weapons (Refs & Annos)

45-8-334. Possession of destructive device


(1) A person who, with the purpose to commit a felony, has in the person's possession any destructive device on a public street or highway, in or near any theater, hall, school, college, church, hotel, other public building, or private habitation, in, on, or near any aircraft, railway passenger train, car, vessel engaged in carrying passengers for hire, or other public place ordinarily passed by human beings is guilty of the offense of possession of a destructive device.


(2) A person convicted of the offense of possession of a destructive device shall be imprisoned in the state prison for a period of not more than 10 years or be fined an amount of not more than $50,000, or both.


CREDIT(S)


Enacted by Laws 1971, ch. 304, § 2; Revised Code of Montana 1947, § 69-1932; amended and redesignated 94-8-209.2 by Laws 1977, ch. 359, § 73; 1947, 94-8-209.2. Amended by Laws 1981, ch. 198, § 7; amended by Laws 2009, ch. 56, § 1713, eff. Oct. 1, 2009.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-8-335

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 8. Offenses Against Public Order

Part 3. Weapons (Refs & Annos)

45-8-335. Possession of explosives


(1) A person commits the offense of possession of explosives if the person possesses, manufactures, transports, buys, or sells an explosive compound, flammable material, or timing, detonating, or similar device for use with an explosive compound or incendiary device and:


(a) has the purpose to use the explosive, material, or device to commit an offense; or


(b) knows that another has the purpose to use the explosive, material, or device to commit an offense.


(2) A person convicted of the offense of possession of explosives shall be imprisoned in the state prison for any term not to exceed 20 years or be fined an amount not to exceed $50,000, or both.


CREDIT(S)


Enacted 94-6-105 by Laws 1973, ch. 513, § 1; Revised Code of Montana 1947, § 94-6-105; amended and redesignated 94-8-209.3 by Laws 1977, ch. 359, § 74; Revised Code of Montana 1947, 94-8-209.3. Amended by Laws 1981, ch. 198, § 7; amended by Laws 2009, ch. 56, § 1714, eff. Oct. 1, 2009.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-8-336

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 8. Offenses Against Public Order

Part 3. Weapons (Refs & Annos)

45-8-336. Possession of silencer


(1) A person commits the offense of possession of a silencer if the person possesses, manufactures, transports, buys, or sells a silencer and has the purpose to use it to commit an offense or knows that another person has such a purpose.


(2) A person convicted of the offense of possession of a silencer is punishable by imprisonment in the state prison for a term of not less than 5 years or more than 30 years or by a fine of not less than $1,000 or more than $20,000, or both.


CREDIT(S)


Enacted 94-8-209.4 by Laws 1977, ch. 359, § 75; Revised Code of Montana 1947, 94-8-209.4. Amended by Laws 2009, ch. 56, § 1715, eff. Oct. 1, 2009.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-8-337

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 8. Offenses Against Public Order

Part 3. Weapons (Refs & Annos)

45-8-337. Possession of unregistered silencer or of bomb or similar device prima facie evidence of unlawful purpose


Possession of a silencer that is not registered under federal law or of a bomb or similar device charged or filled with one or more explosives is prima facie evidence of a purpose to use the same to commit an offense.


CREDIT(S)


Enacted 94-8-209.5 by Laws 1977, ch. 359, § 76; Revised Code of Montana 1947, 94-8-209.5. Amended by Laws 1999, ch. 466, § 5; amended by Laws 1999, ch. 581, § 5.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.




MCA 45-8-338

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 8. Offenses Against Public Order

Part 3. Weapons (Refs & Annos)

45-8-338. Reserved


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-8-339

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 8. Offenses Against Public Order

Part 3. Weapons (Refs & Annos)

45-8-339. Carrying firearms on train--penalty


(1) Except as authorized by the management of a railroad, it is unlawful for a person not authorized to carry a weapon in the course of the person's official duties to knowingly or purposely carry or transport firearms on a train in this state unless, prior to boarding, the person has delivered all firearms and ammunition, if any, to the operator of the train.


(2) A person violating this section shall be punished by a fine not exceeding $500 or by imprisonment in the county jail for a period not exceeding 6 months, or both.


CREDIT(S)


Enacted by Laws 1991, ch. 601, § 1. Amended by Laws 2009, ch. 56, § 1716, eff. Oct. 1, 2009.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-8-340

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 8. Offenses Against Public Order

Part 3. Weapons (Refs & Annos)

45-8-340. Sawed-off firearm--penalty


(1) A person commits the offense of possession of a sawed-off firearm if the person knowingly possesses a rifle or shotgun that when originally manufactured had a barrel length of:


(a) 16 inches or more and an overall length of 26 inches or more in the case of a rifle; or


(b) 18 inches or more and an overall length of 26 inches or more in the case of a shotgun; and


(c) the firearm has been modified in a manner so that the barrel length, overall length, or both, are less than specified in subsection (1)(a) or (1)(b).


(2) The barrel length is the distance from the muzzle to the rear-most point of the chamber.


(3) This section does not apply to firearms possessed:


(a) by a peace officer of this state or one of its political subdivisions;


(b) by an officer of the United States government authorized to carry weapons;


(c) by a person in actual service as a member of the national guard;


(d) by a person called to the aid of one of the persons named in subsections (3)(a) through (3)(c);


(e) for educational or scientific purposes in which the firearms are incapable of being fired;


(f) by a person who has a valid federal tax stamp for the firearm, issued by the bureau of alcohol, tobacco, and firearms; or


(g) by a bona fide collector of firearms if the firearm is a muzzleloading, sawed-off firearm manufactured before 1900.


(4) A person convicted of the offense of possession of a sawed-off firearm shall be fined not less than $200 or more than $500 or be imprisoned in the county jail for not less than 5 days or more than 6 months, or both, upon a first conviction. If a person has one or more prior convictions under this section or one or more prior felony convictions under a law of this state, another state, or the United States, the person shall be fined an amount not to exceed $1,000 or be imprisoned in the state prison for a term not to exceed 5 years, or both.


CREDIT(S)


Enacted by Laws 1989, ch. 334, § 1. Amended by Laws 2009, ch. 56, § 1717, eff. Oct. 1, 2009.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-8-341

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 8. Offenses Against Public Order

Part 3. Weapons (Refs & Annos)

45-8-341. Repealed by Laws 2005, ch. 45, § 1


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-8-342

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 8. Offenses Against Public Order

Part 3. Weapons (Refs & Annos)

45-8-342. Repealed by Laws 2005, ch. 45, § 1


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-8-343

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 8. Offenses Against Public Order

Part 3. Weapons (Refs & Annos)

45-8-343. Firing firearms


(1) Except as provided in subsections (2) and (3), every person who willfully shoots or fires off a gun, pistol, or any other firearm within the limits of any town or city or of any private enclosure which contains a dwelling house is punishable by a fine not exceeding $25 or such greater fine or a term of imprisonment, or both, as the town or city may impose.


(2) Firearms may be discharged at an indoor or outdoor rifle, pistol, or shotgun shooting range located within the limits of a town or city or in a private dwelling if the shooting range is approved by the local governing body.


(3) Subsection (1) does not apply if the discharge of a firearm is justifiable under Title 45, chapter 3, part 1.


CREDIT(S)


Enacted by Ex. Laws 1873, p. 46, §§ 1, 2; reenacted 4th Div. Revised Statutes 1879, § 185; reenacted 4th Div. Compiled Statutes 1887, § 228; amended Penal Code 1895, § 1161; reenacted Revised Code 1907, § 8834; reenacted Revised Code of Montana 1921, § 11530; reenacted Revised Code of Montana 1935, § 11530; Revised Code of Montana 1947, § 94-3578; redesignated 94-8-218 by Laws 1973, ch. 513, § 29. Amended by Laws 1977, ch. 359, § 39; Revised Code of Montana 1947, 94-8-218; amended by Laws 1981, ch. 20, § 1; amended by Laws 1983, ch. 618, § 1.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-8-344

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 8. Offenses Against Public Order

Part 3. Weapons (Refs & Annos)

45-8-344. Use of firearms by children under fourteen prohibited--exceptions


It is unlawful for a parent, guardian, or other person having charge or custody of a minor child under the age of 14 years to permit the minor child to carry or use in public any firearms, except when the child is accompanied by a person having charge or custody of the child or under the supervision of a qualified firearms safety instructor or an adult who has been authorized by the parent or guardian.


CREDIT(S)


Enacted by Laws 1907, ch. 111, § 1; Revised Code 1907, § 8879; reenacted Revised Code of Montana 1921, § 11565; reenacted Revised Code of Montana 1935, § 11565; Revised Code of Montana 1947, § 94-3579. Amended by Laws 1963, ch. 139, § 1; redesignated 94-8-221 by Laws 1973, ch. 513, § 29; amended by Laws 1977, ch. 359, § 40; Revised Code of Montana 1947, 94-8-221; amended by Laws 1993, ch. 600, § 1.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-8-345

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 8. Offenses Against Public Order

Part 3. Weapons (Refs & Annos)

45-8-345. Criminal liability of parent or guardian--prosecution


(1) Any parent, guardian, or other person violating the provisions of 45-8-344 shall be guilty of a misdemeanor.


(2) The county attorney, on complaint of any person, must prosecute violations of 45-8-344.


CREDIT(S)


Enacted by Laws 1907, ch. 111, § 2; Revised Code 1907, § 8880; reenacted Revised Code of Montana 1921, § 11566; reenacted Revised Code of Montana 1935, § 11566; Revised Code of Montana 1947, § 94-3580; redesignated 94-8-222 by Laws 1973, ch. 513, § 29; Revised Code of Montana 1947, 94-8-222.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-8-346

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 8. Offenses Against Public Order

Part 3. Weapons (Refs & Annos)

45-8-346 to 45-8-350. Reserved


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-8-350

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 8. Offenses Against Public Order

Part 3. Weapons (Refs & Annos)

45-8-346 to 45-8-350. Reserved


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-8-351

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 8. Offenses Against Public Order

Part 3. Weapons (Refs & Annos)

45-8-351. Restriction on local government regulation of firearms


(1) Except as provided in subsection (2), a county, city, town, consolidated local government, or other local government unit may not prohibit, register, tax, license, or regulate the purchase, sale or other transfer (including delay in purchase, sale, or other transfer), ownership, possession, transportation, use, or unconcealed carrying of any weapon, including a rifle, shotgun, handgun, or concealed handgun.


(2)(a) For public safety purposes, a city or town may regulate the discharge of rifles, shotguns, and handguns. A county, city, town, consolidated local government, or other local government unit has power to prevent and suppress the carrying of concealed or unconcealed weapons to a public assembly, publicly owned building, park under its jurisdiction, or school, and the possession of firearms by convicted felons, adjudicated mental incompetents, illegal aliens, and minors.


(b) Nothing contained in this section allows any government to prohibit the legitimate display of firearms at shows or other public occasions by collectors and others or to prohibit the legitimate transportation of firearms through any jurisdiction, whether in airports or otherwise.


(c) A local ordinance enacted pursuant to this section may not prohibit a legislative security officer who has been issued a concealed weapon permit from carrying a concealed weapon in the state capitol as provided in 45-8-317.


CREDIT(S)


Enacted by Laws 1985, ch. 589, § 1. Amended by Laws 1991, ch. 759, § 11; amended by Laws 2011, ch. 384, § 3, eff. Oct. 1, 2011.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-8-352

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 8. Offenses Against Public Order

Part 3. Weapons (Refs & Annos)

45-8-352 to 45-8-359. Reserved


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-8-359

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 8. Offenses Against Public Order

Part 3. Weapons (Refs & Annos)

45-8-352 to 45-8-359. Reserved


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-8-360

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 8. Offenses Against Public Order

Part 3. Weapons (Refs & Annos)

45-8-360. Establishment of individual licensure


In consideration that the right to keep and bear arms is protected and reserved to the people in Article II, section 12, of the Montana constitution, a person who has not been convicted of a violent, felony crime and who is lawfully able to own or to possess a firearm under the Montana constitution is considered to be individually licensed and verified by the state of Montana within the meaning of the provisions regarding individual licensure and verification in the federal Gun-Free School Zones Act.


CREDIT(S)


Enacted by Laws 1995, ch. 317, § 1. Amended by Laws 1997, ch. 29, § 1.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-8-361

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 8. Offenses Against Public Order

Part 3. Weapons (Refs & Annos)

45-8-361. Possession or allowing possession of weapon in school building--exceptions--penalties--seizure and forfeiture or return authorized--definitions


(1) A person commits the offense of possession of a weapon in a school building if the person purposely and knowingly possesses, carries, or stores a weapon in a school building.


(2) A parent or guardian of a minor commits the offense of allowing possession of a weapon in a school building if the parent or guardian purposely and knowingly permits the minor to possess, carry, or store a weapon in a school building.


(3)(a) Subsection (1) does not apply to law enforcement personnel.


(b) The trustees of a district may grant persons and entities advance permission to possess, carry, or store a weapon in a school building.


(4)(a) A person convicted under this section shall be fined an amount not to exceed $500, imprisoned in the county jail for a term not to exceed 6 months, or both. The court shall consider alternatives to incarceration that are available in the community.


(b)(i) A weapon in violation of this section may be seized and, upon conviction of the person possessing or permitting possession of the weapon, may be forfeited to the state or returned to the lawful owner.


(ii) If a weapon seized under the provisions of this section is subsequently determined to have been stolen or otherwise taken from the owner's possession without permission, the weapon must be returned to the lawful owner.


(5) As used in this section:


(a) “school building” means all buildings owned or leased by a local school district that are used for instruction or for student activities. The term does not include a home school provided for in 20-5-109.


(b) “weapon” means any type of firearm, a knife with a blade 4 or more inches in length, a sword, a straight razor, a throwing star, nun-chucks, or brass or other metal knuckles. The term also includes any other article or instrument possessed with the purpose to commit a criminal offense.


CREDIT(S)


Enacted by Laws 1997, ch. 435, § 1. Amended by Laws 1999, ch. 581, § 6.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-8-401

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 8. Offenses Against Public Order

Part 4. Montana Street Terrorism Enforcement and Prevention Act

45-8-401. Short title


This part may be cited as the “Montana Street Terrorism Enforcement and Prevention Act”.


CREDIT(S)


Enacted by Laws 1997, ch. 285, § 1.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-8-402

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 8. Offenses Against Public Order

Part 4. Montana Street Terrorism Enforcement and Prevention Act

45-8-402. Definitions


As used in this part, the following definitions apply:


(1) “Criminal street gang” means any ongoing organization, association, or group of three or more persons, whether formal or informal, having as one of its primary activities the commission of one or more of the criminal acts enumerated in 45-8-405, having a common name or common identifying sign or symbol, and whose members individually or collectively engage in or have engaged in a pattern of criminal street gang activity.


(2) “Pattern of criminal street gang activity” has the meaning provided in 45-8-405.


CREDIT(S)


Enacted by Laws 1997, ch. 285, § 2.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-8-403

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 8. Offenses Against Public Order

Part 4. Montana Street Terrorism Enforcement and Prevention Act

45-8-403. Use of threat to coerce gang membership--use of violence to coerce gang membership


(1) A person commits the offense of use of threat to coerce criminal street gang membership if the person purposely or knowingly threatens a person under 18 years of age with physical violence on two or more separate occasions with the intent to coerce, induce, or solicit the minor to actively participate in any criminal street gang whose members engage in a pattern of criminal street gang activity.


(2) A person commits the offense of use of violence to coerce criminal street gang membership if the person purposely or knowingly uses physical violence to coerce, induce, or solicit a person under 18 years of age to actively participate in any criminal street gang whose members engage in a pattern of criminal street gang activity.


(3)(a) A person convicted of the offense of use of threat to coerce criminal street gang membership shall be imprisoned in the county jail for a term not to exceed 1 year.


(b) A person convicted of the offense of use of violence to coerce criminal street gang membership shall be imprisoned in a state prison for a term not to exceed 3 years.


(4) A person who is 16 years of age or older and less than 18 years of age who is named in a petition filed in youth court alleging delinquency for the alleged commission of the offense of use of threat to coerce criminal street gang membership or the offense of use of violence to coerce criminal street gang membership is subject to transfer of the case to district court under 41-5-206 or, if the case is not transferred to district court under 41-5-206, to the provisions of Title 41, chapter 5.


(5) This section may not be construed to limit prosecution under any other provision of law.


(6) A person may not be convicted of violating this section based on speech alone, except on a showing that the speech itself threatened violence against a specific person, that the defendant had the apparent ability to carry out the threat, and that physical harm was imminently likely to occur.


CREDIT(S)


Enacted by Laws 1997, ch. 285, § 3.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-8-404

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 8. Offenses Against Public Order

Part 4. Montana Street Terrorism Enforcement and Prevention Act

45-8-404. Additional sentence for criminal street gang-related felony


(1)(a) A person who is convicted of a felony that the person committed for the benefit of, at the direction of, or in association with any criminal street gang for the purpose of promoting, furthering, or assisting any criminal conduct by criminal street gang members shall, in addition to the punishment provided for the commission of the underlying offense, be sentenced to a term of imprisonment in a state prison of not less than 1 year or more than 3 years, except as provided in 46-18-222.


(b) If the underlying felony described in subsection (1)(a) is committed on the grounds of, or within 1,000 feet of, a public school, as defined in 20-6-501, during hours when the facility is open for classes or school-related programs or when minors are using the facility, the additional term provided for in subsection (1) is 2 to 4 years.


(2) The imposition or execution of the minimum sentences prescribed by this section may not be deferred or suspended, except as provided in 46-18-222.


(3) An additional sentence prescribed by this section shall run consecutively to the sentence provided for the underlying offense.


CREDIT(S)


Enacted by Laws 1997, ch. 285, § 4.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-8-405

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 8. Offenses Against Public Order

Part 4. Montana Street Terrorism Enforcement and Prevention Act

45-8-405. Pattern of criminal street gang activity


(1) For purposes of this part, “pattern of criminal street gang activity” means the commission, solicitation, conspiracy, or attempt, the adjudication as a delinquent youth for the commission, attempt, or solicitation, or the conviction of two or more of the offenses listed in subsection (2) within a 3-year period, which offenses were committed on separate occasions.


(2) The offenses that form a pattern of criminal street gang activity include:


(a) deliberate homicide, as defined in 45-5-102;


(b) assault with a weapon, as defined in 45-5-213;


(c) intimidation, as defined in 45-5-203;


(d) kidnapping, as defined in 45-5-302;


(e) aggravated kidnapping, as defined in 45-5-303;


(f) robbery, as defined in 45-5-401;


(g) sexual intercourse without consent, as defined in 45-5-503;


(h) aggravated promotion of prostitution, as defined in 45-5-603;


(i) criminal mischief, as defined in 45-6-101;


(j) arson, as defined in 45-6-103;


(k) burglary, as defined in 45-6-204;


(l) theft, as defined in 45-6-301;


(m) forgery, as defined in 45-6-325;


(n) tampering with witnesses and informants, as defined in 45-7-206;


(o) bringing armed individuals into the state, as defined in 45-8-106;


(p) unlawful possession of a firearm by a convicted person, as defined in 45-8-313;


(q) carrying a concealed weapon, as defined in 45-8-316;


(r) possession of a deadly weapon by a prisoner, as defined in 45-8-318;


(s) possession of a destructive device, as defined in 45-8-334;


(t) possession of explosives, as defined in 45-8-335;


(u) possession of a sawed-off firearm, as defined in 45-8-340;


(v) the sale, possession for sale, transportation, manufacture, offer for sale, offer to manufacture, or other offense involving a dangerous drug as prohibited by Title 45, chapter 9;


(w) use of threat to coerce criminal street gang membership or use of violence to coerce criminal street gang membership provided in 45-8-403.


CREDIT(S)


Enacted by Laws 1997, ch. 285, § 5. Amended by Laws 1999, ch. 432, § 10; amended by Laws 2009, ch. 56, § 1718, eff. Oct. 1, 2009.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-8-406

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 8. Offenses Against Public Order

Part 4. Montana Street Terrorism Enforcement and Prevention Act

45-8-406. Supplying of firearms to criminal street gang


(1) A person commits the offense of supplying firearms to a criminal street gang if the person purposely or knowingly supplies, sells, or gives possession or control of any firearm to another, and the person has actual knowledge that the other person will use the firearm to commit an offense enumerated in 45-8-405 while actively participating in any criminal street gang whose members engage in a pattern of criminal street gang activity.


(2) Subsection (1) does not apply to a person who is convicted as a principal to the offense committed by the person to whom the firearm was supplied, sold, or given.


(3) A person convicted of the offense of supplying firearms to a criminal street gang shall be imprisoned in the county jail for a term not to exceed 1 year or be fined an amount not to exceed $1,000, or both.


CREDIT(S)


Enacted by Laws 1997, ch. 285, § 6.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-8-407

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 8. Offenses Against Public Order

Part 4. Montana Street Terrorism Enforcement and Prevention Act

45-8-407. Exceptions


This part does not apply to employees engaged in lawful concerted activities for their mutual aid and protection or to the lawful activities of labor organizations or their members or agents.


CREDIT(S)


Enacted by Laws 1997, ch. 285, § 7.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-8-408

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 8. Offenses Against Public Order

Part 4. Montana Street Terrorism Enforcement and Prevention Act

45-8-408. Adoption of local regulations


This part does not prevent a local government from adopting and enforcing ordinances or resolutions consistent with this part relating to criminal street gangs and criminal street gang violence.


CREDIT(S)


Enacted by Laws 1997, ch. 285, § 8.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-9-101

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 9. Dangerous Drugs

Part 1. Offenses Involving Dangerous Drugs

45-9-101. Criminal distribution of dangerous drugs


(1) Except as provided in Title 50, chapter 46, a person commits the offense of criminal distribution of dangerous drugs if the person sells, barters, exchanges, gives away, or offers to sell, barter, exchange, or give away any dangerous drug, as defined in 50-32-101.


(2) A person convicted of criminal distribution of a narcotic drug, as defined in 50-32-101(18)(d), or an opiate, as defined in 50-32-101(19), shall be imprisoned in the state prison for a term of not less than 2 years or more than life and may be fined not more than $50,000, except as provided in 46-18-222.


(3)(a) A person convicted of criminal distribution of a dangerous drug included in Schedule I or Schedule II pursuant to 50-32-222 or 50-32-224, except marijuana or tetrahydrocannabinol, who has a prior conviction for criminal distribution of such a drug shall be imprisoned in the state prison for a term of not less than 10 years or more than life and may be fined not more than $50,000, except as provided in 46-18-222.


(b) Upon a third or subsequent conviction for criminal distribution of such a drug, the person shall be imprisoned in the state prison for a term of not less than 20 years or more than life and may be fined not more than $50,000, except as provided in 46-18-222.


(c) The exception for marijuana or tetrahydrocannabinol in subsection (3)(a) does not apply to synthetic cannabinoids listed as dangerous drugs in 50-32-222.


(4) A person convicted of criminal distribution of dangerous drugs not otherwise provided for in subsection (2), (3), or (5) shall be imprisoned in the state prison for a term of not less than 1 year or more than life or be fined an amount of not more than $50,000, or both.


(5) A person who was an adult at the time of distribution and who is convicted of criminal distribution of dangerous drugs to a minor shall be sentenced as follows:


(a) If convicted pursuant to subsection (2), the person shall be imprisoned in the state prison for not less than 4 years or more than life and may be fined not more than $50,000, except as provided in 46-18-222.


(b) If convicted of the distribution of a dangerous drug included in Schedule I or Schedule II pursuant to 50-32-222 or 50-32-224 and if previously convicted of such a distribution, the person shall be imprisoned in the state prison for not less than 20 years or more than life and may be fined not more than $50,000, except as provided in 46-18-222.


(c) If convicted of the distribution of a dangerous drug included in Schedule I or Schedule II pursuant to 50-32-222 or 50-32-224 and if previously convicted of two or more such distributions, the person shall be imprisoned in the state prison for not less than 40 years or more than life and may be fined not more than $50,000, except as provided in 46-18-222.


(d) If convicted pursuant to subsection (4), the person shall be imprisoned in the state prison for not less than 2 years or more than life and may be fined not more than $50,000, except as provided in 46-18-222.


(6) Practitioners, as defined in 50-32-101, and agents under their supervision acting in the course of a professional practice are exempt from this section.


CREDIT(S)


Enacted by Laws 1969, ch. 314, § 4. Amended by Laws 1973, ch. 55, § 1; amended by Laws 1973, ch. 412, § 24; amended by Laws 1974, ch. 258, § 1; amended by Laws 1977, ch. 359, § 1; amended by Laws 1977, ch. 584, § 1; Revised Code of Montana 1947, 54-132; amended by Laws 1979, ch. 587, § 1; amended by Laws 1981, ch. 198, § 7; amended by Laws 1981, ch. 583, § 9; amended by Laws 1983, ch. 393, § 1; amended by Laws 1985, ch. 3, § 16; amended by Laws 1987, ch. 478, § 1; amended by Laws 1989, ch. 575, § 1; amended by Laws 1993, ch. 448, § 3; amended by Laws 1999, ch. 432, § 11; amended by Laws 2003, ch. 114, § 87; amended approved Nov. 2, 2004, Initiative Measure No. 148, § 11; amended by Laws 2011, ch. 156, § 2, eff. April 8, 2011.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-9-102

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 9. Dangerous Drugs

Part 1. Offenses Involving Dangerous Drugs

45-9-102. Criminal possession of dangerous drugs


(1) Except as provided in Title 50, chapter 46, a person commits the offense of criminal possession of dangerous drugs if the person possesses any dangerous drug, as defined in 50-32-101.


(2) A person convicted of criminal possession of marijuana or its derivatives in an amount the aggregate weight of which does not exceed 60 grams of marijuana or 1 gram of hashish is, for the first offense, guilty of a misdemeanor and shall be punished by a fine of not less than $100 or more than $500 and by imprisonment in the county jail for not more than 6 months. The minimum fine must be imposed as a condition of a suspended or deferred sentence. A person convicted of a second or subsequent offense under this subsection is punishable by a fine not to exceed $1,000 or by imprisonment in the county jail for a term not to exceed 1 year or in the state prison for a term not to exceed 3 years or by both. This subsection does not apply to the possession of synthetic cannabinoids listed as dangerous drugs in 50-32-222.


(3) A person convicted of criminal possession of an anabolic steroid as listed in 50-32-226 is, for the first offense, guilty of a misdemeanor and shall be punished by a fine of not less than $100 or more than $500 or by imprisonment in the county jail for not more than 6 months, or both.


(4) A person convicted of criminal possession of an opiate, as defined in 50-32-101(19), shall be imprisoned in the state prison for a term of not less than 2 years or more than 5 years and may be fined not more than $50,000, except as provided in 46-18-222.


(5)(a) A person convicted of a second or subsequent offense of criminal possession of methamphetamine shall be punished by:


(i) imprisonment for a term not to exceed 5 years or by a fine not to exceed $50,000, or both; or


(ii) commitment to the department of corrections for placement in an appropriate correctional facility or program for a term of not less than 3 years or more than 5 years. If the person successfully completes a residential methamphetamine treatment program operated or approved by the department of corrections during the first 3 years of a term, the remainder of the term must be suspended. The court may also impose a fine not to exceed $50,000.


(b) During the first 3 years of a term under subsection (5)(a)(ii), the department of corrections may place the person in a residential methamphetamine treatment program operated or approved by the department of corrections or in a correctional facility or program. The residential methamphetamine treatment program must consist of time spent in a residential methamphetamine treatment facility and time spent in a community-based prerelease center.


(c) The court shall, as conditions of probation pursuant to subsection (5)(a), order:


(i) the person to abide by the standard conditions of probation established by the department of corrections;


(ii) payment of the costs of imprisonment, probation, and any methamphetamine treatment by the person if the person is financially able to pay those costs;


(iii) that the person may not enter an establishment where alcoholic beverages are sold for consumption on the premises or where gambling takes place;


(iv) that the person may not consume alcoholic beverages;


(v) the person to enter and remain in an aftercare program as directed by the person's probation officer; and


(vi) the person to submit to random or routine drug and alcohol testing.


(6) A person convicted of criminal possession of dangerous drugs not otherwise provided for in subsections (2) through (5) shall be imprisoned in the state prison for a term not to exceed 5 years or be fined an amount not to exceed $50,000, or both.


(7) A person convicted of a first violation under this section is presumed to be entitled to a deferred imposition of sentence of imprisonment.


(8) Ultimate users and practitioners, as defined in 50-32-101, and agents under their supervision acting in the course of a professional practice are exempt from this section.


CREDIT(S)


Enacted by Laws 1969, ch. 314, § 5. Amended by Laws 1971, ch. 228, § 1; amended by Laws 1973, ch. 412, § 26; amended by Laws 1974, ch. 174, § 1; amended by Laws 1977, ch. 359, § 2; amended by Laws 1977, ch. 584, § 2; Revised Code of Montana 1947, 54-133; amended by Laws 1981, ch. 198, § 7; amended by Laws 1983, ch. 612, § 2; amended by Laws 1985, ch. 3, § 17; amended by Laws 1991, ch. 42, § 1; amended by Laws 2001, ch. 100, § 1; amended by Laws 2003, ch. 114, § 88; amended approved Nov. 2, 2004, Initiative Measure No. 148, § 12; amended by Laws 2005, ch. 277, § 2; amended by Laws 2011, ch. 156, § 3, eff. April 8, 2011.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-9-103

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 9. Dangerous Drugs

Part 1. Offenses Involving Dangerous Drugs

45-9-103. Criminal possession with intent to distribute


(1) Except as provided in Title 50, chapter 46, a person commits the offense of criminal possession with intent to distribute if the person possesses with intent to distribute any dangerous drug as defined in 50-32-101.


(2) A person convicted of criminal possession of an opiate, as defined in 50-32-101(19), with intent to distribute shall be imprisoned in the state prison for a term of not less than 2 years or more than 20 years and may be fined not more than $50,000, except as provided in 46-18-222.


(3) A person convicted of criminal possession with intent to distribute not otherwise provided for in subsection (2) shall be imprisoned in the state prison for a term of not more than 20 years or be fined an amount not to exceed $50,000, or both.


(4) Practitioners, as defined in 50-32-101, and agents under their supervision acting in the course of a professional practice are exempt from this section.


CREDIT(S)


Enacted 54-133.1 by Laws 1975, ch. 545, § 1. Amended by Laws 1977, ch. 584, § 3; Revised Code of Montana 1947, 54-133.1; amended by Laws 1981, ch. 198, § 7; amended by Laws 1985, ch. 3, § 18; amended by Laws 1987, ch. 162, § 1; amended by Laws 1999, ch. 432, § 12; amended by Laws 2003, ch. 114, § 89; amended approved Nov. 2, 2004, Initiative Measure No. 148, § 13.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-9-104

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 9. Dangerous Drugs

Part 1. Offenses Involving Dangerous Drugs

45-9-104. Fraudulently obtaining dangerous drugs


A person commits the offense of fraudulently obtaining dangerous drugs if the person obtains or attempts to obtain a dangerous drug, as defined in 50-32-101, by:


(1) fraud, deceit, misrepresentation, or subterfuge;


(2) falsely assuming the title of or representing that the person is a manufacturer, wholesaler, practitioner, pharmacist, owner of a pharmacy, or other person authorized to possess dangerous drugs;


(3) the use of a forged, altered, or fictitious prescription;


(4) the use of a false name or a false address on a prescription;


(5) the concealment of a material fact;


(6) knowingly or purposefully failing to disclose to a practitioner, as defined in 50-32-101, that the person has received the same or a similar dangerous drug or prescription for a dangerous drug from another source within the prior 30 days; or


(7) knowingly or purposefully communicating false or incomplete information to a practitioner with the intent to procure the administration of or a prescription for a dangerous drug. A communication of this information for the purpose provided in this subsection is not a privileged communication.


CREDIT(S)


Enacted by Laws 1969, ch. 314, § 6. Amended by Laws 1977, ch. 359, § 3; Revised Code of Montana 1947, 54-134; amended by Laws 2009, ch. 56, § 1719, eff. Oct. 1, 2009; amended by Laws 2011, ch. 194, § 2, eff. Oct. 1, 2011.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-9-105

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 9. Dangerous Drugs

Part 1. Offenses Involving Dangerous Drugs

45-9-105. Altering labels on dangerous drugs


A person commits the offense of altering labels on dangerous drugs if the person affixes a false, forged, or altered label to or otherwise misrepresents a package or receptacle containing a dangerous drug, as defined in 50-32-101.


CREDIT(S)


Enacted by Laws 1969, ch. 314, § 7. Amended by Laws 1977, ch. 359, § 4; Revised Code of Montana 1947, 54-135; amended by Laws 2009, ch. 56, § 1720, eff. Oct. 1, 2009.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-9-106

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 9. Dangerous Drugs

Part 1. Offenses Involving Dangerous Drugs

45-9-106. Penalty for fraudulently obtaining dangerous drugs or altering labels of dangerous drugs


(1) A person convicted of altering labels on dangerous drugs shall be imprisoned in the county jail for a term not to exceed 6 months.


(2) A person convicted of fraudulently obtaining dangerous drugs included in Schedule I, Schedule II, Schedule III, Schedule IV, or Schedule V in 50-32-222, 50-32-224, 50-32-226, 50-32-229, or 50-32-232 shall:


(a) upon a first conviction be imprisoned in the state prison for a term of not less than 1 year or not more than 5 years or be fined an amount not to exceed $50,000, or both;


(b) upon a second conviction be imprisoned in the state prison for a term of not less than 5 years or not more than 10 years or be fined an amount not to exceed $50,000, or both.


CREDIT(S)


Enacted by Laws 1969, ch. 314, § 8; Revised Code of Montana 1947, 54-136. Amended by Laws 1981, ch. 389, § 1; amended by Laws 1991, ch. 179, § 1; amended by Laws 2009, ch. 56, § 1721, eff. Oct. 1, 2009.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-9-107

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 9. Dangerous Drugs

Part 1. Offenses Involving Dangerous Drugs

45-9-107. Criminal possession of precursors to dangerous drugs


(1) A person commits the offense of criminal possession of precursors to dangerous drugs if:


(a) the person possesses any material, compound, mixture, or preparation that contains any combination of the following with intent to manufacture dangerous drugs:


(i) phenyl-2-propanone (phenylacetone);


(ii) piperidine in conjunction with cyclohexanone;


(iii) ephedrine;


(iv) lead acetate;


(v) methylamine;


(vi) methylformamide;


(vii) n-methylephedrine;


(viii) phenylpropanolamine;


(ix) pseudoephedrine;


(x) anhydrous ammonia;


(xi) hydriodic acid;


(xii) red phosphorus;


(xiii) iodine in conjunction with ephedrine, pseudoephedrine, or red phosphorus;


(xiv) lithium in conjunction with anhydrous ammonia; or


(b) the person knowingly possesses anhydrous ammonia for the purpose of manufacturing dangerous drugs.


(2) A person convicted of criminal possession of precursors to dangerous drugs shall be imprisoned in the state prison for a term not less than 2 years or more than 20 years or be fined an amount not to exceed $50,000, or both.


CREDIT(S)


Enacted by Laws 1979, ch. 291, § 1. Amended by Laws 1981, ch. 198, § 7; amended by Laws 1989, ch. 202, § 1; amended by Laws 1999, ch. 24, § 1; amended by Laws 2005, ch. 137, § 2.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-9-108

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 9. Dangerous Drugs

Part 1. Offenses Involving Dangerous Drugs

45-9-108. Exemptions


(1) The provisions of 45-9-107 do not apply to:


(a) a drug manufacturer licensed by the state;


(b) a person authorized by rules adopted by the board of pharmacy to possess the combination of substances;


(c) a person employed by or enrolled as a student in a college or university within the state who possesses any combination of substances listed in 45-9-107 for the purposes of teaching or research that is authorized by the college or university.


(2) The board of pharmacy shall adopt, amend, or repeal rules in accordance with the Montana Administrative Procedure Act to authorize the processing of any combination of the substances listed in 45-9-107 whenever it determines that there is a legitimate need and that the substances will be used for a lawful purpose.


(3) The provisions of 45-9-102, 45-9-103, and 45-9-110 do not apply to 80-18-102.


CREDIT(S)


Enacted by Laws 1979, ch. 291, §§ 2, 3. Amended by Laws 1981, ch. 575, § 171; amended by Laws 1983, ch. 247, § 1; amended by Laws 2001, ch. 360, § 8.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-9-109

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 9. Dangerous Drugs

Part 1. Offenses Involving Dangerous Drugs

45-9-109. Criminal distribution of dangerous drugs on or near school property--penalty--affirmative defense


(1) A person commits the offense of criminal distribution of dangerous drugs on or near school property if the person violates 45-9-101 in, on, or within 1,000 feet of the real property comprising a public or private elementary or secondary school.


(2) Except as provided in 46-18-222, a person convicted of criminal distribution of dangerous drugs on or near school property:


(a) shall be imprisoned in the state prison for a term of not less than 3 years or more than life; and


(b) may be fined an amount of not more than $50,000.


(3) It is not a defense to prosecution under subsection (1) that the person did not know the distance involved.


(4) It is an affirmative defense to prosecution for a violation of this section that:


(a) the prohibited conduct took place entirely within a private residence; and


(b) no person 17 years of age or younger was present in the private residence at any time during the commission of the offense.


CREDIT(S)


Enacted by Laws 1991, ch. 519, § 1. Amended by Laws 1999, ch. 432, § 13.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-9-110

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 9. Dangerous Drugs

Part 1. Offenses Involving Dangerous Drugs

45-9-110. Criminal production or manufacture of dangerous drugs


(1) Except as provided in Title 50, chapter 46, a person commits the offense of criminal production or manufacture of dangerous drugs if the person knowingly or purposely produces, manufactures, prepares, cultivates, compounds, or processes a dangerous drug, as defined in 50-32-101.


(2) A person convicted of criminal production or manufacture of a narcotic drug, as defined in 50-32-101(18)(d), or an opiate, as defined in 50-32-101(19), shall be imprisoned in the state prison for a term of not less than 5 years or more than life and may be fined not more than $50,000, except as provided in 46-18-222.


(3) A person convicted of criminal production or manufacture of a dangerous drug included in Schedule I of 50-32-222 or Schedule II of 50-32-224, except marijuana or tetrahydrocannabinol, who has a prior conviction that has become final for criminal production or manufacture of a Schedule I or Schedule II drug shall be imprisoned in the state prison for a term of not less than 20 years or more than life and may be fined not more than $50,000, except as provided in 46-18-222. Upon a third or subsequent conviction that has become final for criminal production or manufacture of a Schedule I or Schedule II drug, the person shall be imprisoned in the state prison for a term of not less than 40 years or more than life and may be fined not more than $50,000, except as provided in 46-18-222. The penalties provided for in this subsection also apply to the criminal production or manufacture of synthetic cannabinoids listed as dangerous drugs in 50-32-222.


(4) A person convicted of criminal production or manufacture of marijuana, tetrahydrocannabinol, or a dangerous drug not referred to in subsections (2) and (3) shall be imprisoned in the state prison for a term not to exceed 10 years and may be fined not more than $50,000, except that if the dangerous drug is marijuana and the total weight is more than a pound or the number of plants is more than 30, the person shall be imprisoned in the state prison for not less than 2 years or more than life and may be fined not more than $50,000. “Weight” means the weight of the dry plant and includes the leaves and stem structure but does not include the root structure. A person convicted under this subsection who has a prior conviction that has become final for criminal production or manufacture of a drug under this subsection shall be imprisoned in the state prison for a term not to exceed twice that authorized for a first offense under this subsection and may be fined not more than $100,000.


(5) Practitioners, as defined in 50-32-101, and agents under their supervision acting in the course of a professional practice are exempt from this section.


CREDIT(S)


Enacted by Laws 1993, ch. 448, § 1. Amended by Laws 2003, ch. 114, § 90; amended approved Nov. 2, 2004, Initiative Measure No. 148, § 14; amended by Laws 2011, ch. 156, § 4, eff. April 8, 2011.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-9-111

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 9. Dangerous Drugs

Part 1. Offenses Involving Dangerous Drugs

45-9-111. Imitation dangerous drugs--definitions


As used in 45-9-111 through 45-9-116 and 45-9-202, the following definitions apply:


(1) “Dangerous drug” has the meaning given to that term in 50-32-101.


(2) “Imitation dangerous drug” means a substance that is not a dangerous drug but that is expressly or impliedly represented to be a dangerous drug or to simulate the effect of a dangerous drug and the appearance of which, including the color, shape, size, and markings, would lead a reasonable person to believe that the substance is a dangerous drug.


(3) “Person” includes any individual, business association, partnership, or corporation.


CREDIT(S)


Enacted by Laws 1983, ch. 451, § 1. Amended by Laws 1985, ch. 3, § 19.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-9-112

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 9. Dangerous Drugs

Part 1. Offenses Involving Dangerous Drugs

45-9-112. Criminal distribution of imitation dangerous drug--penalty


(1) A person commits the offense of criminal distribution of an imitation dangerous drug if the person knowingly or purposely sells, barters, exchanges, gives away, or offers to sell, barter, exchange, or give away any imitation dangerous drug.


(2) A person convicted of criminal distribution of an imitation dangerous drug to a person 18 years of age or older shall be imprisoned in the state prison for a term of not more than 5 years and may be fined not more than $50,000.


(3) A person convicted of criminal distribution of an imitation dangerous drug to a person under the age of 18 shall be imprisoned in the state prison for a term of not more than 10 years and may be fined not more than $50,000.


CREDIT(S)


Enacted by Laws 1983, ch. 451, § 2. Amended by Laws 1999, ch. 432, § 14.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-9-113

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 9. Dangerous Drugs

Part 1. Offenses Involving Dangerous Drugs

45-9-113. Criminal possession of imitation dangerous drug with the purpose to distribute--penalty


(1) A person commits the offense of criminal possession of an imitation dangerous drug with the purpose to distribute if the person possesses with the purpose to distribute any imitation dangerous drug.


(2) A person convicted of criminal possession of an imitation dangerous drug with the purpose to distribute shall be imprisoned in the state prison for a term of not more than 5 years and may be fined not more than $50,000.


(3) A person under 18 years of age convicted of a first violation under this section is presumed to be entitled to a deferred imposition of sentence.


CREDIT(S)


Enacted by Laws 1983, ch. 451, § 3. Amended by Laws 1999, ch. 432, § 15.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-9-114

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 9. Dangerous Drugs

Part 1. Offenses Involving Dangerous Drugs

45-9-114. Criminal advertisement of imitation dangerous drug--penalty


(1) A person commits the offense of criminal advertisement of an imitation dangerous drug if the person knowingly or purposely places in any newspaper, magazine, handbill, or other publication or posts or distributes any advertisement or solicitation to promote the manufacture, sale, exchange, or distribution of an imitation dangerous drug.


(2) A person convicted of criminal advertisement of an imitation dangerous drug under this section is punishable by a fine not to exceed $100,000 or by imprisonment in the state prison for a term of not more than 10 years, or both.


CREDIT(S)


Enacted by Laws 1983, ch. 451, § 4. Amended by Laws 2009, ch. 56, § 1722, eff. Oct. 1, 2009.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-9-115

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 9. Dangerous Drugs

Part 1. Offenses Involving Dangerous Drugs

45-9-115. Criminal manufacture of imitation dangerous drug--penalty


(1) A person commits the offense of criminal manufacture of an imitation dangerous drug if the person knowingly or purposely manufactures, prepares, or cultivates any imitation dangerous drug.


(2) A person convicted of criminal manufacture of an imitation dangerous drug is punishable by a fine not to exceed $100,000 or by imprisonment in the state prison for a term of not more than 10 years, or both.


CREDIT(S)


Enacted by Laws 1983, ch. 451, § 5. Amended by Laws 2009, ch. 56, § 1723, eff. Oct. 1, 2009.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-9-116

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 9. Dangerous Drugs

Part 1. Offenses Involving Dangerous Drugs

45-9-116. Imitation dangerous drugs--exemptions--rules


(1) Sections 45-9-111 through 45-9-115 do not apply to:


(a) a person authorized by rules adopted by the board of pharmacy to possess with purpose to sell or sell imitation dangerous drugs;


(b) law enforcement personnel selling or possessing with purpose to sell imitation dangerous drugs while acting within the scope of their employment; and


(c) a person registered under the provisions of Title 50, chapter 32, part 3, who sells, or possesses with purpose to sell an imitation dangerous drug for use as a placebo, by that person or any other person so registered, in the course of professional practice or research.


(2) The board of pharmacy shall adopt, amend, or repeal rules in accordance with the Montana Administrative Procedure Act to authorize the possession with purpose to sell or sale of imitation dangerous drugs whenever it determines that there is a legitimate need and that the drugs will be used for a lawful purpose.


CREDIT(S)


Enacted by Laws 1983, ch. 451, § 6. Amended by Laws 1983, ch. 247, § 1; amended by Laws 1985, ch. 3, § 20.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-9-117

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 9. Dangerous Drugs

Part 1. Offenses Involving Dangerous Drugs

45-9-117 to 45-9-120. Reserved


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-9-120

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 9. Dangerous Drugs

Part 1. Offenses Involving Dangerous Drugs

45-9-117 to 45-9-120. Reserved


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-9-121

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 9. Dangerous Drugs

Part 1. Offenses Involving Dangerous Drugs

45-9-121. Criminal possession of toxic substances--penalty


(1) A person commits the offense of criminal possession of a toxic substance if the person inhales or ingests or possesses with the purpose to inhale or ingest, for the purpose of altering the person's mental or physical state, any substance with toxic effects that is not manufactured for human consumption or inhalation, including but not limited to glue, fingernail polish, paint and paint thinners, petroleum products, aerosol propellants, and chemical solvents.


(2) The provisions of subsection (1) do not apply to a bona fide institution of higher education conducting research with human volunteers pursuant to guidelines adopted by the institution or any federal or state agency.


(3) A person convicted under this section shall be imprisoned in the county jail for a term not to exceed 6 months or be fined an amount not to exceed $500, or both.


(4) The youth court has jurisdiction of any violation of subsection (1) by a person under 18 years of age.


CREDIT(S)


Enacted by Laws 1983, ch. 482, § 1. Amended by Laws 2009, ch. 56, § 1724, eff. Oct. 1, 2009.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-9-122

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 9. Dangerous Drugs

Part 1. Offenses Involving Dangerous Drugs

45-9-122 to 45-9-124. Reserved


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-9-124

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 9. Dangerous Drugs

Part 1. Offenses Involving Dangerous Drugs

45-9-122 to 45-9-124. Reserved


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-9-125

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 9. Dangerous Drugs

Part 1. Offenses Involving Dangerous Drugs

45-9-125. Continuing criminal enterprise--penalty


(1) A person who engages in a continuing criminal enterprise is guilty of a crime and upon conviction is punishable by a term of imprisonment and a fine not exceeding two times those authorized for the underlying offense. For purposes of this subsection, a person is engaged in a continuing criminal enterprise if:


(a) the person violates any provision of this chapter that is a felony; and


(b) the violation is a part of a continuing series of two or more violations of this chapter on separate occasions:


(i) that are undertaken by the person in concert with five or more other persons with respect to whom the person occupies a position of organizer, supervisor, or any other position of management; and


(ii) from which the person obtained substantial income or resources.


(2) A person who violates the provisions of subsection (1) after a previous judgment of conviction under that subsection has become final is punishable by a term of imprisonment not exceeding three times that authorized for the underlying offense.


(3) A sentence for a conviction under this section runs consecutively with the conviction for the underlying offense. Mandatory minimum sentences must be multiplied as provided in this section and may not be waived or suspended.


CREDIT(S)


Enacted by Laws 1991, ch. 113, § 1.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-9-126

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 9. Dangerous Drugs

Part 1. Offenses Involving Dangerous Drugs

45-9-126. Reserved


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-9-127

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 9. Dangerous Drugs

Part 1. Offenses Involving Dangerous Drugs

45-9-127. Carrying dangerous drugs on train--penalty


(1) Except as provided in Title 50, chapter 46, a person commits the offense of carrying dangerous drugs on a train in this state if the person is knowingly or purposely in criminal possession of a dangerous drug and boards any train.


(2) A person convicted of carrying dangerous drugs on a train in this state is subject to the penalties provided in 45-9-102.


CREDIT(S)


Enacted by Laws 1991, ch. 601, §§ 2, 3; amended approved Nov. 2, 2004, Initiative Measure No. 148, § 15. Amended by Laws 2009, ch. 56, § 1725, eff. Oct. 1, 2009.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-9-128

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 9. Dangerous Drugs

Part 1. Offenses Involving Dangerous Drugs

45-9-128, 45-9-129. Reserved


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-9-129

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 9. Dangerous Drugs

Part 1. Offenses Involving Dangerous Drugs

45-9-128, 45-9-129. Reserved


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-9-130

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 9. Dangerous Drugs

Part 1. Offenses Involving Dangerous Drugs

45-9-130. Mandatory fine for possession and storage of dangerous drugs--disposition of proceeds


(1) In addition to the punishments and fines set forth in this part, the court shall fine each person found to have possessed or stored dangerous drugs 35% of the market value of the drugs as determined by the court.


(2) The fines collected pursuant to subsection (1) during each calendar year must be transmitted by the clerk of court to the department of revenue no later than 10 days following the end of the calendar year. The department shall deposit the fines in the state general fund.


CREDIT(S)


Enacted by Laws 1995, ch. 446, § 1. Amended by Laws 2001, ch. 257, § 23.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-9-131

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 9. Dangerous Drugs

Part 1. Offenses Involving Dangerous Drugs

45-9-131. Definitions


As used in 45-9-132 and this section, the following definitions apply:


(1) “Booby trap” means any concealed or camouflaged device designed to cause bodily injury when triggered by any action of a person making contact with the device. “Booby trap” includes:


(a) guns, ammunition, or explosive devices that are attached to trip wires or other triggering mechanisms;


(b) sharpened stakes, nails, spikes, electrical devices, lines, or wires with hooks attached; and


(c) devices for the production of toxic fumes or gases.


(2) “Equipment” or “laboratory equipment” means all products, components, or materials of any kind when used, intended for use, or designed for use in the manufacture, preparation, production, compounding, conversion, or processing of a dangerous drug as defined in 50-32-101. Equipment or laboratory equipment includes but is not limited to:


(a) a reaction vessel;


(b) a separatory funnel or its equivalent;


(c) a glass condenser;


(d) an analytical balance or scale; or


(e) a heating mantle or other heat source.


(3) “Precursor to dangerous drugs” means, except as exempted by 45-9-108, any material, compound, mixture, or preparation that contains any combination of the items listed in 45-9-107(1)(a) or anhydrous ammonia knowingly possessed for the purpose of manufacturing dangerous drugs.


CREDIT(S)


Enacted by Laws 2001, ch. 260, § 1. Amended by Laws 2005, ch. 137, § 3.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-9-132

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 9. Dangerous Drugs

Part 1. Offenses Involving Dangerous Drugs

45-9-132. Operation of unlawful clandestine laboratory--penalties


(1) A person commits the offense of operation of an unlawful clandestine laboratory if the person purposely or knowingly engages in:


(a) the procurement, possession, or use of chemicals, precursors to dangerous drugs, supplies, equipment, or a laboratory location for the criminal production or manufacture of dangerous drugs as prohibited by 45-9-110;


(b) the transportation of or arranging for the transportation of chemicals, precursors to dangerous drugs, supplies, or equipment for the criminal production or manufacture of dangerous drugs as prohibited by 45-9-110; or


(c) the setting up of equipment or supplies in preparation for the criminal production or manufacture of dangerous drugs as prohibited by 45-9-110.


(2) Except as provided in subsections (3) and (4), a person convicted of operation of an unlawful clandestine laboratory shall be fined an amount not to exceed $25,000, be imprisoned in a state prison for a term not to exceed 40 years, or both.


(3) A person convicted of operation of an unlawful clandestine laboratory shall be fined an amount not to exceed $50,000, be imprisoned in a state prison for a term not to exceed 50 years, or both, if 46-1-401 is complied with and the operation of an unlawful clandestine laboratory or any phase of the operation:


(a) created a substantial risk of death of or serious bodily injury to another;


(b) took place within 500 feet of a residence, business, church, or school; or


(c) took place in the presence of a person less than 18 years of age.


(4) A person convicted of operation of an unlawful clandestine laboratory shall be fined an amount not to exceed $100,000, be imprisoned in a state prison for a term not to exceed 50 years, or both, if 46-1-401 is complied with and the operation of an unlawful clandestine laboratory or any phase of the operation involved the use of a firearm or booby trap.


CREDIT(S)


Enacted by Laws 2001, ch. 260, § 2. Amended by Laws 2003, ch. 146, § 1.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-9-201

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 9. Dangerous Drugs

Part 2. Procedural Provisions

45-9-201. Repealed by Laws 1983, ch. 612, § 3


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-9-202

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 9. Dangerous Drugs

Part 2. Procedural Provisions

45-9-202. Alternative sentencing authority


(1) A person convicted of a dangerous drug felony offense under this chapter may, in lieu of imprisonment, be sentenced according to the alternatives provided in subsection (2).


(2) If the court determines, either from the face of the record or from a presentence investigation and report, that incarceration of the defendant is not appropriate, the court may, as a condition of a suspended or deferred sentence, impose one or more of the following alternatives:


(a) imposition of a fine not to exceed the maximum amount provided by statute for those offenses that specify a fine as part of the penalty or $1,000 for those offenses that do not specify a fine;


(b) commitment to a residential drug treatment facility licensed and approved by the state for rehabilitative treatment for not less than the minimum recommended time determined necessary by the facility and not more than 1 year;


(c) mandatory service of not more than 2,000 hours in a community-based drug treatment or drug education program with compliance to be monitored by the probation and parole bureau of the department of corrections based upon information provided by the treatment or education program;


(d) if recommended by the probation and parole bureau, placement in a program of intensive probation that requires, at a minimum, that the defendant comply with all of the following conditions:


(i) maintain employment or full-time student status at an approved school, making progress satisfactory to the probation officer, or be involved in supervised job searches and community service work designated by the probation officer;


(ii) pay probation supervision fees through the department of corrections of not less than $50 a month to be deposited in the account established in 46-23-1031;


(iii) find a place to reside approved by the probation officer that may not be changed without the officer's approval;


(iv) remain at the residence at all times except to go to work, to attend school, or to perform community service or as otherwise specifically allowed by the probation officer;


(v) remain drug free and submit to drug and alcohol tests administered randomly not less than once each month by or under supervision of the probation officer;


(vi) perform not less than 10 hours of community service each month as approved by the probation officer, except that full-time students may be exempted or required to perform fewer hours of community service;


(vii) enroll or make satisfactory effort to seek enrollment in an approved drug rehabilitation program; and


(viii) comply with any other conditions imposed by the court to meet the needs of the community and the defendant;


(e) suspension or revocation of the defendant's driver's license issued under Title 61, chapter 5, subject to the following terms and conditions:


(i) upon the first conviction of an offense under this chapter, the driver's license must be suspended for 6 months;


(ii) upon the second conviction, the driver's license must be revoked for 1 year;


(iii) upon a third or subsequent conviction, the driver's license must be revoked for 3 years.


CREDIT(S)


Enacted by Laws 1969, ch. 314, § 9. Amended by Laws 1977, ch. 359, § 5; Revised Code of Montana 1947, 54-137; amended by Laws 1983, ch. 451, § 7; amended by Laws 1991, ch. 262, § 1; amended by Laws 1991, ch. 802, § 1; amended by Laws 1995, ch. 546, § 202; amended by Laws 2005, ch. 473, § 1.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-9-203

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 9. Dangerous Drugs

Part 2. Procedural Provisions

45-9-203. Surrender of license


(1) If a court suspends or revokes a driver's license under 45-9-202(2)(e), the defendant shall, at the time of sentencing, surrender the license to the court. The court shall forward the license and a copy of the sentencing order to the department of justice. The defendant may apply to the department for issuance of a probationary license under 61-2-302.


(2) If a person with a registry identification card issued pursuant to 50-45-307 or 50-46-308 is convicted of an offense under this chapter, the court shall:


(a) at the time of sentencing, require the person to surrender the registry identification card; and


(b) notify the department of public health and human services of the conviction in order for the department to carry out its duties under 50-46-330.


CREDIT(S)


Enacted by Laws 1991, ch. 802, § 2. Amended by Laws 2011, ch. 419, § 28, eff. July 1, 2011.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-9-204

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 9. Dangerous Drugs

Part 2. Procedural Provisions

45-9-204. Immunity from liability


(1) Except as provided in subsections (2) and (3), if a court imposes mandatory service under 45-9-202(2)(c) or community service under 45-9-202(2)(d), a public or private agency supervising the service, treatment, or education program in which the defendant is participating and the officers, agents, and employees of the public or private agency are immune from liability to the defendant for any acts or omissions alleged to have occurred within the course and scope of supervision.


(2) The immunity provided in subsection (1) does not extend to acts or omissions alleged to constitute gross negligence or intentional acts.


(3) The immunity provided in subsection (1) for a public agency does not extend to claims for workers' compensation benefits when the defendant is injured while performing community service.


CREDIT(S)


Enacted by Laws 1991, ch. 802, § 3.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-9-205

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 9. Dangerous Drugs

Part 2. Procedural Provisions

45-9-205. Exemption from mandatory minimum sentences


If a sentencing judge imposes any of the sentencing alternatives specified in 45-9-202, the mandatory minimum sentences provided in 46-18-205(2) do not apply.


CREDIT(S)


Enacted by Laws 1991, ch. 802, § 4. Amended by Laws 1995, ch. 125, § 4; amended by Laws 1999, ch. 52, § 1.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-9-206

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 9. Dangerous Drugs

Part 2. Procedural Provisions

45-9-206. Use or possession of property subject to criminal forfeiture--property subject to criminal forfeiture


(1) A person commits the offense of use or possession of property subject to criminal forfeiture if the person knowingly possesses, owns, uses, or attempts to use property that is subject to criminal forfeiture under this section. A person convicted of the offense of use or possession of property subject to criminal forfeiture shall be imprisoned in the state prison for a term not to exceed 10 years. Upon conviction, the property subject to criminal forfeiture is forfeited to the state and must be disposed of in accordance with the provisions of 44-12-205 and 44-12-206.


(2) The following property is subject to criminal forfeiture under this section:


(a) money, raw materials, products, equipment, and other property of any kind that is used or intended for use in manufacturing, preparing, cultivating, compounding, processing, delivering, importing, or exporting a dangerous drug in violation of 45-9-101, 45-9-103, or 45-9-110 or of 45-4-102 when the object of the conspiracy was a violation of 45-9-101, 45-9-103, or 45-9-110;


(b) property used or intended for use as a container for property enumerated in subsection (2)(a);


(c) except as provided in subsection (3), a conveyance, including an aircraft, vehicle, or vessel, used or intended for use to facilitate a violation of 45-9-101, 45-9-103, or 45-9-110 or of 45-4-102 when the object of the conspiracy was a violation of 45-9-101, 45-9-103, or 45-9-110;


(d) books, records, research products and materials, formulas, microfilm, tapes, and data used or intended for use in connection with a violation of 45-9-101, 45-9-103, or 45-9-110 or of 45-4-102 when the object of the conspiracy was a violation of 45-9-101, 45-9-103, or 45-9-110;


(e)(i) everything of value furnished or intended to be furnished in exchange for a dangerous drug in violation of 45-9-101, 45-9-103, or 45-9-110 or of 45-4-102 when the object of the conspiracy was a violation of 45-9-101, 45-9-103, or 45-9-110; and


(ii) all proceeds traceable to such an exchange;


(f) money, negotiable instruments, securities, and weapons used or intended to be used to facilitate a violation of 45-9-101, 45-9-103, or 45-9-110 or of 45-4-102 when the object of the conspiracy was a violation of 45-9-101, 45-9-103, or 45-9-110;


(g) personal property constituting or derived from proceeds obtained directly or indirectly from a violation of 45-9-101, 45-9-103, or 45-9-110 or of 45-4-102 when the object of the conspiracy was a violation of 45-9-101, 45-9-103, or 45-9-110; and


(h) real property, including any right, title, and interest in a lot or tract of land and any appurtenances or improvements, that is directly used or intended to be used in any manner to facilitate a violation of or that is derived from or maintained by proceeds resulting from a violation of 45-9-101, 45-9-103, or 45-9-110 or of 45-4-102 when the object of the conspiracy was a violation of 45-9-101, 45-9-103, or 45-9-110. An owner's interest in real property is not subject to criminal forfeiture by reason of an act or omission unless it is proved that the act or omission was the owner's or was with the owner's express consent.


(3) A conveyance is not subject to criminal forfeiture under this section unless the owner or other person in charge of the conveyance knowingly used the conveyance to violate or knowingly consented to its use for the purpose of violating 45-9-101, 45-9-103, or 45-9-110 or of 45-4-102 when the object of the conspiracy was a violation of 45-9-101, 45-9-103, or 45-9-110.


(4) Criminal forfeiture under this section of property that is encumbered by a bona fide security interest is subject to that interest if the secured party did not use or consent to the use of the property in connection with a violation of 45-9-101, 45-9-103, or 45-9-110 or of 45-4-102 when the object of the conspiracy was a violation of 45-9-101, 45-9-103, or 45-9-110.


(5) Property subject to criminal forfeiture under this section may be seized under the following circumstances:


(a) A peace officer who has probable cause to make an arrest for a violation of 45-9-101, 45-9-103, or 45-9-110 or of 45-4-102 when the object of the conspiracy was a violation of 45-9-101, 45-9-103, or 45-9-110 may seize a conveyance obtained with proceeds of the violation or used to facilitate the violation and shall immediately deliver the conveyance to the peace officer's law enforcement agency, to be held as evidence until a criminal forfeiture is declared or release ordered.


(b) Property subject to criminal forfeiture under this section may be seized by a peace officer under a search warrant issued by a court having jurisdiction over the property.


(c) Seizure without a warrant may be made if:


(i) the seizure is incident to an arrest or a search under a search warrant issued for another purpose or an inspection under an administrative inspection warrant;


(ii) the property was the subject of a prior judgment in favor of the state in a criminal proceeding or a criminal forfeiture proceeding based on this section or on Title 44, chapter 12;


(iii) a peace officer has probable cause to believe that the property is directly or indirectly dangerous to health or safety; or


(iv) a peace officer has probable cause to believe that the property was used or is intended to be used in violation of 45-9-101, 45-9-103, or 45-9-110 or of 45-4-102 when the object of the conspiracy is a violation of 45-9-101, 45-9-103, or 45-9-110.


(6) As used in this section, “dangerous drug” means a substance designated as a dangerous drug under Title 50, chapter 32, parts 1 and 2.


(7) A prosecution under subsection (1) must be commenced within 45 days of the seizure of the property involved.


CREDIT(S)


Enacted by Laws 1995, ch. 537, § 1.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-9-207

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 9. Dangerous Drugs

Part 2. Procedural Provisions

45-9-207. Reserved


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-9-208

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 9. Dangerous Drugs

Part 2. Procedural Provisions

45-9-208. Mandatory dangerous drug information course


A person who is convicted of an offense under this chapter and given a sentence that makes the offense a misdemeanor, as defined in 45-2-101, shall, in addition to any other sentence imposed, be sentenced to complete a dangerous drug information course offered by a chemical dependency facility approved by the department of public health and human services under 53-24-208. The sentencing judge may include in the sentencing order a condition that the person shall undergo chemical dependency treatment if a licensed addiction counselor working with the person recommends treatment.


CREDIT(S)


Enacted by Laws 1995, ch. 50, § 1. Amended by Laws 1997, ch. 42, § 196; amended by Laws 2001, ch. 23, § 15.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-10-101

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 10. Model Drug Paraphernalia Act

Part 1. General Provisions

45-10-101. Definitions


(1) As used in this part, the term “drug paraphernalia” means all equipment, products, and materials of any kind that are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a dangerous drug. It includes but is not limited to:


(a) kits used, intended for use, or designed for use in planting, propagating, cultivating, growing, or harvesting of any species of plant that is a dangerous drug or from which a dangerous drug can be derived;


(b) kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing, or preparing dangerous drugs;


(c) isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant that is a dangerous drug;


(d) testing equipment used, intended for use, or designed for use in identifying or in analyzing the strength, effectiveness, or purity of dangerous drugs;


(e) scales and balances used, intended for use, or designed for use in weighing or measuring dangerous drugs;


(f) dilutents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose, and lactose, used, intended for use, or designed for use in cutting dangerous drugs;


(g) separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from or in otherwise cleaning or refining marijuana;


(h) blenders, bowls, containers, spoons, and mixing devices used, intended for use, or designed for use in compounding dangerous drugs;


(i) capsules, balloons, envelopes, and other containers used, intended for use, or designed for use in packaging small quantities of dangerous drugs;


(j) containers and other objects used, intended for use, or designed for use in storing or concealing dangerous drugs;


(k) objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish, hashish oil, or other dangerous drug as defined by 50-32-101 into the human body, such as:


(i) metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;


(ii) water pipes;


(iii) carburetion tubes and devices;


(iv) smoking and carburetion masks;


(v) roach clips, meaning objects used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand;


(vi) miniature cocaine spoons and cocaine vials;


(vii) chamber pipes;


(viii) carburetor pipes;


(ix) electric pipes;


(x) air-driven pipes;


(xi) chillums;


(xii) bongs;


(xiii) ice pipes or chillers.


(2) Words or phrases used in this part that are not defined by this section have the meaning given to them by the definitions contained in 50-32-101 unless the usage clearly indicates a different intent.


CREDIT(S)


Enacted by Laws 1981, ch. 481, § 1.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-10-102

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 10. Model Drug Paraphernalia Act

Part 1. General Provisions

45-10-102. Determination of what constitutes paraphernalia


In determining whether an object is drug paraphernalia, a court or other authority should consider, in addition to all other logically relevant factors, the following:


(1) statements by an owner or by anyone in control of the object concerning its use;


(2) prior convictions, if any, of an owner or of anyone in control of the object under any state or federal law relating to any controlled substance or dangerous drug;


(3) the proximity of the object in time and space to a direct violation of this part;


(4) the proximity of the object to dangerous drugs;


(5) the existence of any residue of dangerous drugs on the object;


(6) direct or circumstantial evidence of the intent of an owner or of anyone in control of the object to deliver it to persons who the person knows or should reasonably know intend to use the object to facilitate a violation of 45-10-103 through 45-10-106. The innocence of an owner or of anyone in control of the object as to a direct violation of 45-10-103 through 45-10-106 does not prevent a finding that the object is intended for use or designed for use as drug paraphernalia.


(7) instructions, oral or written, provided with the object concerning its use;


(8) descriptive materials accompanying the object that explain or depict its use;


(9) national and local advertising concerning its use;


(10) the manner in which the object is displayed for sale;


(11) whether the owner or anyone in control of the object is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products;


(12) direct or circumstantial evidence of the ratio of sales of the object to the total sales of the business enterprise;


(13) the existence and scope of legitimate uses for the object in the community;


(14) expert testimony concerning its use.


CREDIT(S)


Enacted by Laws 1981, ch. 481, § 2. Amended by Laws 2009, ch. 56, § 1726, eff. Oct. 1, 2009.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-10-103

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 10. Model Drug Paraphernalia Act

Part 1. General Provisions

45-10-103. Criminal possession of drug paraphernalia


Except as provided in Title 50, chapter 46, it is unlawful for a person to use or to possess with intent to use drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a dangerous drug. A person who violates this section is guilty of a misdemeanor and upon conviction shall be imprisoned in the county jail for not more than 6 months, fined an amount of not more than $500, or both. A person convicted of a first violation of this section is presumed to be entitled to a deferred imposition of sentence of imprisonment.


CREDIT(S)


Enacted by Laws 1981, ch. 481, § 3. Amended by Laws 2001, ch. 100, § 2; amended by Laws 2009, ch. 156, § 1, eff. Oct. 1, 2009.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-10-104

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 10. Model Drug Paraphernalia Act

Part 1. General Provisions

45-10-104. Manufacture or delivery of drug paraphernalia


It is unlawful for any person to deliver, possess with intent to deliver, or manufacture with intent to deliver drug paraphernalia, knowing or under circumstances where one reasonably should know that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a dangerous drug. Any person who violates this section is guilty of a misdemeanor and upon conviction shall be imprisoned in the county jail for not more than 6 months, fined not more than $500, or both.


CREDIT(S)


Enacted by Laws 1981, ch. 481, § 4.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-10-105

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 10. Model Drug Paraphernalia Act

Part 1. General Provisions

45-10-105. Delivery of drug paraphernalia to minor


Any person 18 years of age or older who violates 45-10-104 by delivering drug paraphernalia to a person under 18 years of age who is at least 3 years younger is guilty of a misdemeanor and upon conviction shall be imprisoned in the county jail for not more than 1 year or be fined not more than $1,000, or both.


CREDIT(S)


Enacted by Laws 1981, ch. 481, § 5. Amended by Laws 2009, ch. 56, § 1727, eff. Oct. 1, 2009.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-10-106

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 10. Model Drug Paraphernalia Act

Part 1. General Provisions

45-10-106. Advertisement of drug paraphernalia


It is unlawful for any person to place in any newspaper, magazine, handbill, or other publication any advertisement knowing or under circumstances where one reasonably should know that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia. Any person who violates this section is guilty of a misdemeanor and upon conviction shall be imprisoned in the county jail for not more than 6 months, fined not more than $500, or both.


CREDIT(S)


Enacted by Laws 1981, ch. 481, § 6.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-10-107

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 10. Model Drug Paraphernalia Act

Part 1. General Provisions

45-10-107. Exemptions


Practitioners, as defined in 50-32-101, and agents under their supervision acting in the course of a professional practice and persons in compliance with Title 50, chapter 46, are exempt from this part.


CREDIT(S)


Enacted by Laws 1981, ch. 481, § 7. Amended by Laws 2003, ch. 114, § 91; amended approved Nov. 2, 2004, Initiative Measure No. 148, § 16.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-10-108

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 10. Model Drug Paraphernalia Act

Part 1. General Provisions

45-10-108. Mandatory dangerous drug information course


A person who is convicted of an offense under this chapter and given a sentence that makes the offense a misdemeanor, as defined in 45-2-101, shall, in addition to any other sentence imposed, be sentenced to complete a dangerous drug information course offered by a chemical dependency facility approved by the department of public health and human services under 53-24-208. The sentencing judge may include in the sentencing order a condition that the person shall undergo chemical dependency treatment if a licensed addiction counselor working with the person recommends treatment.


CREDIT(S)


Enacted by Laws 1995, ch. 50, § 1. Amended by Laws 1997, ch. 42, § 197; amended by Laws 2001, ch. 23, § 16.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.