reglab/housing_qa huggingface dataset:
MT Code § 45-8-360 (2021)
2021 Montana Code Annotated|Title 45. Crimes|Chapter 8. Offenses Against Public Order|Part 3. Weapons|45-8-360. Establishment of individual licensure

  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.   History: En. Sec. 1, Ch. 317, L. 1995; amd. Sec. 1, Ch. 29, L. 1997.
MT Code § 45-8-361 (2021)
2021 Montana Code Annotated|Title 45. Crimes|Chapter 8. Offenses Against Public Order|Part 3. Weapons|45-8-361. Possession or allowing possession of weapon in school building -- exceptions -- penalties -- seizure and forfeiture or return authorized -- definitions

  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 or to a school marshal in the school district where the school marshal is contracted or employed.   (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.   History: En. Sec. 1, Ch. 435, L. 1997; amd. Sec. 6, Ch. 581, L. 1999; amd. Sec. 5, Ch. 541, L. 2021.
MT Code § 45-8-362 (2021)
2021 Montana Code Annotated|Title 45. Crimes|Chapter 8. Offenses Against Public Order|Part 3. Weapons|45-8-362. through 45-8-364 reserved

  45-8-362 through 45-8-364 reserved.
MT Code § 45-8-365 (2021)
2021 Montana Code Annotated|Title 45. Crimes|Chapter 8. Offenses Against Public Order|Part 3. Weapons|45-8-365. Short title

  45-8-365. Short title. Sections 45-8-365 through 45-8-368 may be cited as the "Montana Federal Firearm, Magazine, and Ammunition Ban Enforcement Prohibition Act".  History: En. Sec. 1, Ch. 282, L. 2021.
MT Code § 45-8-366 (2021)
2021 Montana Code Annotated|Title 45. Crimes|Chapter 8. Offenses Against Public Order|Part 3. Weapons|45-8-366. Declaration of authority

  45-8-366. Declaration of authority. Sections 45-8-365 through 45-8-368 are done under the authority of the 2nd and 10th amendments to the United States constitution, Article II, section 12, of the Montana constitution, Montana's compact with the United States, and Printz v. U.S., 521 U.S. 898 (1997).  History: En. Sec. 2, Ch. 282, L. 2021.
MT Code § 45-8-367 (2021)
2021 Montana Code Annotated|Title 45. Crimes|Chapter 8. Offenses Against Public Order|Part 3. Weapons|45-8-367. Definitions

  45-8-367. Definitions. As used in 45-8-365 through 45-8-368, the following definitions apply:  (1) "Federal ban" means a federal law, executive order, rule, regulation that is enacted, adopted, or becomes effective on or after January 1, 2021, or a new and more restrictive interpretation of a law that existed on January 1, 2021, that infringes upon, calls in question, or prohibits, restricts, or requires individual licensure for or registration of the purchase, ownership, possession, transfer, or use of any firearm, any magazine or other ammunition feeding device, or other firearm accessory.   (2) "Firearm" means any self-loading rifle, pistol, revolver, or shotgun or any manually loaded rifle, pistol, revolver, or shotgun.   (3) "Peace officer" has the meaning provided in 45-2-101, except that 45-8-365 through 45-8-368 do not apply to federal employees.   (4) "Political subdivision" means a city, town, county, consolidated government, or other political subdivision of the state.   History: En. Sec. 3, Ch. 282, L. 2021.
MT Code § 45-8-368 (2021)
2021 Montana Code Annotated|Title 45. Crimes|Chapter 8. Offenses Against Public Order|Part 3. Weapons|45-8-368. Prohibition of enforcement

  45-8-368. Prohibition of enforcement. (1) A peace officer, state employee, or employee of a political subdivision is prohibited from enforcing, assisting in the enforcement of, or otherwise cooperating in the enforcement of a federal ban on firearms, magazines, or ammunition and is also prohibited from participating in any federal enforcement action implementing a federal ban on firearms, magazines, or ammunition.  (2) An employee of the state or a political subdivision may not expend public funds or allocate public resources for the enforcement of a federal ban on firearms, magazines, or ammunition.   (3) Nothing in this section may be construed to prohibit or otherwise limit a peace officer, state employee, or employee of a political subdivision from cooperating, communicating, or collaborating with a federal agency if the primary purpose is not:   (a) law enforcement activity related to a federal ban; or   (b) the investigation of a violation of a federal ban.   History: En. Sec. 4, Ch. 282, L. 2021.
MT Code § 45-8-401 (2021)
2021 Montana Code Annotated|Title 45. Crimes|Chapter 8. Offenses Against Public Order|Part 4. Montana Street Terrorism Enforcement and Prevention Act|45-8-401. Short title

  45-8-401. Short title. This part may be cited as the "Montana Street Terrorism Enforcement and Prevention Act".   History: En. Sec. 1, Ch. 285, L. 1997.
MT Code § 45-8-402 (2021)
2021 Montana Code Annotated|Title 45. Crimes|Chapter 8. Offenses Against Public Order|Part 4. Montana Street Terrorism Enforcement and Prevention Act|45-8-402. Definitions

  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.   History: En. Sec. 2, Ch. 285, L. 1997.
MT Code § 45-8-403 (2021)
2021 Montana Code Annotated|Title 45. Crimes|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

  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.   History: En. Sec. 3, Ch. 285, L. 1997.
MT Code § 45-8-404 (2021)
2021 Montana Code Annotated|Title 45. Crimes|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

  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.   History: En. Sec. 4, Ch. 285, L. 1997.
MT Code § 45-8-405 (2021)
2021 Montana Code Annotated|Title 45. Crimes|Chapter 8. Offenses Against Public Order|Part 4. Montana Street Terrorism Enforcement and Prevention Act|45-8-405. Pattern of criminal street gang activity

  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.   History: En. Sec. 5, Ch. 285, L. 1997; amd. Sec. 10, Ch. 432, L. 1999; amd. Sec. 1718, Ch. 56, L. 2009.
MT Code § 45-8-406 (2021)
2021 Montana Code Annotated|Title 45. Crimes|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

  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.   History: En. Sec. 6, Ch. 285, L. 1997.
MT Code § 45-8-407 (2021)
2021 Montana Code Annotated|Title 45. Crimes|Chapter 8. Offenses Against Public Order|Part 4. Montana Street Terrorism Enforcement and Prevention Act|45-8-407. Exceptions

  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.   History: En. Sec. 7, Ch. 285, L. 1997.
MT Code § 45-8-408 (2021)
2021 Montana Code Annotated|Title 45. Crimes|Chapter 8. Offenses Against Public Order|Part 4. Montana Street Terrorism Enforcement and Prevention Act|45-8-408. Adoption of local regulations

  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.   History: En. Sec. 8, Ch. 285, L. 1997.
MT Code § 45-9-101 (2021)
2021 Montana Code Annotated|Title 45. Crimes|Chapter 9. Dangerous Drugs|Part 1. Offenses Involving Dangerous Drugs|45-9-101. Criminal distribution of dangerous drugs

  45-9-101. Criminal distribution of dangerous drugs. (1) Except as provided in Title 16, chapter 12, 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 dangerous drugs involving giving away or sharing any dangerous drug, as defined in 50-32-101, shall be sentenced as provided in 45-9-102.   (3) A person convicted of criminal distribution of dangerous drugs not otherwise provided for in subsection (1), (2), (4), or (5) shall be imprisoned in the state prison for a term not to exceed 25 years or be fined an amount of not more than $50,000, or both.   (4) 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) For a first offense, the person shall be imprisoned in the state prison for a term not to exceed 40 years and may be fined not more than $50,000.   (b) For a second or subsequent offense, the person shall be imprisoned in the state prison for a term not to exceed life and may be fined not more than $50,000.   (5) If the offense charged results in the death of an individual from the use of any dangerous drug that was distributed, the person shall be imprisoned in the state prison for a term of not more than 100 years and may be fined not more than $100,000.   (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.   History: En. Sec. 4, Ch. 314, L. 1969; amd. Sec. 1, Ch. 55, L. 1973; amd. Sec. 24, Ch. 412, L. 1973; amd. Sec. 1, Ch. 258, L. 1974; amd. Sec. 1, Ch. 359, L. 1977; amd. Sec. 1, Ch. 584, L. 1977; R.C.M. 1947, 54-132; amd. Sec. 1, Ch. 587, L. 1979; amd. Sec. 7, Ch. 198, L. 1981; amd. Sec. 9, Ch. 583, L. 1981; amd. Sec. 1, Ch. 393, L. 1983; amd. Sec. 16, Ch. 3, L. 1985; amd. Sec. 1, Ch. 478, L. 1987; amd. Sec. 1, Ch. 575, L. 1989; amd. Sec. 3, Ch. 448, L. 1993; amd. Sec. 11, Ch. 432, L. 1999; amd. Sec. 87, Ch. 114, L. 2003; amd. Sec. 11, I.M. No. 148, approved Nov. 2, 2004; amd. Sec. 2, Ch. 156, L. 2011; amd. Sec. 1, Ch. 135, L. 2013; amd. Sec. 19, Ch. 321, L. 2017; amd. Sec. 41, I.M. No. 190, approved Nov. 3, 2020; amd. Sec. 1, Ch. 295, L. 2021; amd. Sec. 69, Ch. 576, L. 2021.
MT Code § 45-9-102 (2021)
2021 Montana Code Annotated|Title 45. Crimes|Chapter 9. Dangerous Drugs|Part 1. Offenses Involving Dangerous Drugs|45-9-102. Criminal possession of dangerous drugs

  45-9-102. Criminal possession of dangerous drugs. (1) Except as provided in Title 16, chapter 12, or 50-32-609, a person commits the offense of criminal possession of dangerous drugs if the person possesses any dangerous drug, as defined in 50-32-101, [in an amount] greater than permitted or for which a penalty is not specified under Title 16, chapter 12.  (2) A person convicted of criminal possession of dangerous drugs 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.   (3) A person convicted of a first violation under this section is presumed to be entitled to a deferred imposition of sentence of imprisonment.   (4) 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.   History: En. Sec. 5, Ch. 314, L. 1969; amd. Sec. 1, Ch. 228, L. 1971; amd. Sec. 26, Ch. 412, L. 1973; amd. Sec. 1, Ch. 174, L. 1974; amd. Sec. 2, Ch. 359, L. 1977; amd. Sec. 2, Ch. 584, L. 1977; R.C.M. 1947, 54-133; amd. Sec. 7, Ch. 198, L. 1981; amd. Sec. 2, Ch. 612, L. 1983; amd. Sec. 17, Ch. 3, L. 1985; amd. Sec. 1, Ch. 42, L. 1991; amd. Sec. 1, Ch. 100, L. 2001; amd. Sec. 88, Ch. 114, L. 2003; amd. Sec. 12, I.M. No. 148, approved Nov. 2, 2004; amd. Sec. 2, Ch. 277, L. 2005; amd. Sec. 3, Ch. 156, L. 2011; amd. Sec. 2, Ch. 135, L. 2013; amd. Sec. 14, Ch. 253, L. 2017; amd. Sec. 20, Ch. 321, L. 2017; amd. Sec. 42, I.M. No. 190, approved Nov. 3, 2020; amd. Sec. 70, Ch. 576, L. 2021.
MT Code § 45-9-103 (2021)
2021 Montana Code Annotated|Title 45. Crimes|Chapter 9. Dangerous Drugs|Part 1. Offenses Involving Dangerous Drugs|45-9-103. Criminal possession with intent to distribute

  45-9-103. Criminal possession with intent to distribute. (1) Except as provided in Title 16, chapter 12, 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 [in an amount] greater than permitted or for which a penalty is not specified under Title 16, chapter 12.  (2) A person convicted of criminal possession with intent to distribute 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.   (3) 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.   History: En. 54-133.1 by Sec. 1, Ch. 545, L. 1975; amd. Sec. 3, Ch. 584, L. 1977; R.C.M. 1947, 54-133.1; amd. Sec. 7, Ch. 198, L. 1981; amd. Sec. 18, Ch. 3, L. 1985; amd. Sec. 1, Ch. 162, L. 1987; amd. Sec. 12, Ch. 432, L. 1999; amd. Sec. 89, Ch. 114, L. 2003; amd. Sec. 13, I.M. No. 148, approved Nov. 2, 2004; amd. Sec. 3, Ch. 135, L. 2013; amd. Sec. 21, Ch. 321, L. 2017; amd. Sec. 43, I.M. No. 190, approved Nov. 3, 2020; amd. Sec. 71, Ch. 576, L. 2021.
MT Code § 45-9-104 (2021)
2021 Montana Code Annotated|Title 45. Crimes|Chapter 9. Dangerous Drugs|Part 1. Offenses Involving Dangerous Drugs|45-9-104. Fraudulently obtaining 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.   History: En. Sec. 6, Ch. 314, L. 1969; amd. Sec. 3, Ch. 359, L. 1977; R.C.M. 1947, 54-134; amd. Sec. 1719, Ch. 56, L. 2009; amd. Sec. 2, Ch. 194, L. 2011.
MT Code § 45-9-105 (2021)
2021 Montana Code Annotated|Title 45. Crimes|Chapter 9. Dangerous Drugs|Part 1. Offenses Involving Dangerous Drugs|45-9-105. Altering labels on 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.   History: En. Sec. 7, Ch. 314, L. 1969; amd. Sec. 4, Ch. 359, L. 1977; R.C.M. 1947, 54-135; amd. Sec. 1720, Ch. 56, L. 2009.