reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 45. Crimes › Chapter 7. Offenses Against Public Administration › Part 2. Perjury and Other Falsification in Official Matters › 45-7-201. Perjury

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.
History: En. 94-7-202 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-7-202; amd. Sec. 7, Ch. 198, L. 1981; amd. Sec. 1679, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 7. Offenses Against Public Administration › Part 2. Perjury and Other Falsification in Official Matters › 45-7-202. False swearing

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) 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.
History: En. 94-7-203 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-7-203; amd. Sec. 5, Ch. 407, L. 2007; amd. Sec. 9, Ch. 565, L. 2021.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 7. Offenses Against Public Administration › Part 2. Perjury and Other Falsification in Official Matters › 45-7-203. Unsworn falsification to authorities

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 or verbal 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.
History: En. 94-7-204 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-7-204; amd. Sec. 1680, Ch. 56, L. 2009; amd. Sec. 3, Ch. 656, L. 2023.
2023 Montana Code Annotated › Title 45. Crimes › 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

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.
History: En. 94-7-205 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-7-205; amd. Sec. 1681, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 7. Offenses Against Public Administration › Part 2. Perjury and Other Falsification in Official Matters › 45-7-205. False reports to peace officers

45-7-205. False reports to peace officers.
(1) A person commits an offense under this section if the person knowingly:
(a) gives false information to any peace officer with the purpose to implicate another;
(b) reports to a peace officer an offense or other incident within the officer's concern knowing that it did not occur; or
(c) pretends to furnish a peace officer 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:
(a) if the crime falsely reported was a misdemeanor, be sentenced to not more than 6 months in the county jail or fined not more than $500, or both; or
(b) if the crime falsely reported was a felony, be sentenced to not more than 4 years in the state prison or fined not more than $10,000, or both.
History: En. 94-7-206 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-7-206; amd. Sec. 1682, Ch. 56, L. 2009; amd. Sec. 1, Ch. 280, L. 2021.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 7. Offenses Against Public Administration › Part 2. Perjury and Other Falsification in Official Matters › 45-7-206. Tampering with witnesses and informants

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.
History: En. 94-7-207 by Sec. 1, Ch. 513, L. 1973; amd. Sec. 27, Ch. 359, L. 1977; R.C.M. 1947, 94-7-207; amd. Sec. 7, Ch. 198, L. 1981; amd. Sec. 1683, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 7. Offenses Against Public Administration › Part 2. Perjury and Other Falsification in Official Matters › 45-7-207. Tampering with or fabricating physical evidence

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.
History: En. 94-7-208 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-7-208; amd. Sec. 7, Ch. 198, L. 1981; amd. Sec. 1684, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 7. Offenses Against Public Administration › Part 2. Perjury and Other Falsification in Official Matters › 45-7-208. Tampering with public records or information

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.
History: En. 94-7-209 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-7-209; amd. Sec. 7, Ch. 198, L. 1981; amd. Sec. 12, Ch. 363, L. 2001.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 7. Offenses Against Public Administration › Part 2. Perjury and Other Falsification in Official Matters › 45-7-209. Impersonation of public servant

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.
History: En. 94-7-210 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-7-210; amd. Sec. 2, Ch. 351, L. 1995.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 7. Offenses Against Public Administration › Part 2. Perjury and Other Falsification in Official Matters › 45-7-210. False claim to public agency

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.
History: En. Sec. 1, Ch. 151, L. 1981; amd. Sec. 8, Ch. 581, L. 1983; amd. Sec. 10, Ch. 616, L. 1993; amd. Sec. 13, Ch. 397, L. 1999; amd. Sec. 2, Ch. 312, L. 2005; amd. Sec. 15, Ch. 473, L. 2009.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 7. Offenses Against Public Administration › Part 3. Obstructing Governmental Operations › 45-7-301. Resisting arrest

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.
History: En. 94-7-301 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-7-301; amd. Sec. 1685, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 7. Offenses Against Public Administration › Part 3. Obstructing Governmental Operations › 45-7-302. Obstructing peace officer or other public servant

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.
History: En. 94-7-302 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-7-302; amd. Sec. 2, Ch. 69, L. 1997.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 7. Offenses Against Public Administration › Part 3. Obstructing Governmental Operations › 45-7-303. Obstructing justice

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.
History: En. 94-7-303 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-7-303; amd. Sec. 1686, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 7. Offenses Against Public Administration › Part 3. Obstructing Governmental Operations › 45-7-304. Failure to aid peace officer

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.
History: En. 94-7-304 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-7-304; amd. Sec. 1687, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 7. Offenses Against Public Administration › Part 3. Obstructing Governmental Operations › 45-7-305. Compounding of felony

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.
History: En. 94-7-305 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-7-305; amd. Sec. 1688, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 7. Offenses Against Public Administration › Part 3. Obstructing Governmental Operations › 45-7-306. Escape

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).
History: En. 94-7-306 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-7-306; amd. Sec. 1, Ch. 72, L. 1981; amd. Sec. 8, Ch. 583, L. 1981; amd. Sec. 5, Ch. 361, L. 1989; amd. Sec. 1, Ch. 114, L. 1991; amd. Sec. 16, Ch. 554, L. 1991; amd. Sec. 1, Ch. 26, L. 1997.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 7. Offenses Against Public Administration › Part 3. Obstructing Governmental Operations › 45-7-307. Transferring illegal articles -- unauthorized communication

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, 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.
History: En. 94-7-307 by Sec. 1, Ch. 513, L. 1973; amd. Sec. 28, Ch. 359, L. 1977; R.C.M. 1947, 94-7-307; amd. Sec. 1, Ch. 413, L. 1987; amd. Sec. 1, Ch. 144, L. 2001; amd. Sec. 22, Ch. 339, L. 2021.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 7. Offenses Against Public Administration › Part 3. Obstructing Governmental Operations › 45-7-308. Bail-jumping

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.
History: En. 94-7-308 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-7-308; amd. Sec. 1689, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 7. Offenses Against Public Administration › Part 3. Obstructing Governmental Operations › 45-7-309. Criminal contempt

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 24/7 sobriety and drug monitoring 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.
History: En. 94-7-309 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-7-309; amd. Sec. 1690, Ch. 56, L. 2009; amd. Sec. 7, Ch. 318, L. 2011; amd. Sec. 20, Ch. 55, L. 2015.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 7. Offenses Against Public Administration › Part 4. Official Misconduct › 45-7-401. 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.
History: En. 94-7-401 by Sec. 1, Ch. 513, L. 1973; amd. Sec. 2, Ch. 474, L. 1975; R.C.M. 1947, 94-7-401; amd. Sec. 1691, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 7. Offenses Against Public Administration › Part 5. Employer Misconduct › 45-7-501. 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.
History: En. Sec. 2, Ch. 586, L. 1987; amd. Sec. 1692, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 7. Offenses Against Public Administration › Part 6. Confidential Criminal Justice Information › 45-7-601. Misuse of confidential criminal justice information

45-7-601. Misuse of confidential criminal justice information.
(1) A person commits the offense of misuse of confidential criminal justice information if the person is entitled to directly access the criminal justice information network and purposely or knowingly:
(a) accesses the criminal justice information network for personal use or financial gain; or
(b) disseminates information accessed from the criminal justice information network to any person who is not authorized to receive confidential criminal justice information pursuant to 44-5-303.
(2) A person convicted of the offense of misuse of confidential criminal justice information shall be imprisoned in the county jail for a term not to exceed 6 months and be fined an amount not less than $500.
(3) For purposes of this section, the following definitions apply:
(a) "Confidential criminal justice information" has the meaning provided in 44-5-103.
(b) "Criminal justice information network" has the meaning provided in 44-2-301.
History: En. Sec. 1, Ch. 25, L. 2015.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 8. Offenses Against Public Order › Part 1. Conduct Disruptive of Public Order › 45-8-101. Disorderly conduct

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) rendering vehicular or pedestrian traffic impassable;
(e) rendering the free ingress or egress to public or private places impassable;
(f) disturbing or disrupting any lawful assembly or public meeting;
(g) transmitting a false report or warning of a fire or other catastrophe in a place where its occurrence would endanger human life;
(h) creating a hazardous or physically offensive condition by any act that serves no legitimate purpose; or
(i) 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 an amount 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)(i) 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.
History: En. 94-8-101 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-8-101; amd. Sec. 1, Ch. 508, L. 1989; amd. Sec. 8, Ch. 415, L. 1991; amd. Sec. 1693, Ch. 56, L. 2009; amd. Sec. 1, Ch. 250, L. 2013; amd. Sec. 16, Ch. 321, L. 2017; amd. Sec. 2, Ch. 372, L. 2019; amd. Sec. 1, Ch. 767, L. 2023.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 8. Offenses Against Public Order › Part 1. Conduct Disruptive of Public Order › 45-8-102. Failure of disorderly persons to disperse

45-8-102. Failure of disorderly persons to disperse.
(1) Where one 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 an amount not to exceed $100 or be imprisoned in the county jail for a term not to exceed 1 day, or both.
History: En. 94-8-102 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-8-102; amd. Sec. 17, Ch. 321, L. 2017.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 8. Offenses Against Public Order › Part 1. Conduct Disruptive of Public Order › 45-8-103. Riot

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.
History: En. 94-8-103 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-8-103; amd. Sec. 1, Ch. 54, L. 1983; amd. Sec. 1694, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 8. Offenses Against Public Order › Part 1. Conduct Disruptive of Public Order › 45-8-104. Incitement to riot

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.
History: En. 94-8-104 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-8-104; amd. Sec. 2, Ch. 54, L. 1983; amd. Sec. 1695, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 8. Offenses Against Public Order › Part 1. Conduct Disruptive of Public Order › 45-8-105. Criminal incitement

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.
History: En. 94-7-503 by Sec. 1, Ch. 513, L. 1973; amd. Sec. 29, Ch. 359, L. 1977; R.C.M. 1947, 94-7-503; amd. Sec. 1, Ch. 350, L. 1999.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 8. Offenses Against Public Order › Part 1. Conduct Disruptive of Public Order › 45-8-106. Bringing armed individuals into state

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.
History: En. 94-7-504 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-7-504; amd. Sec. 7, Ch. 198, L. 1981; amd. Sec. 1696, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 8. Offenses Against Public Order › Part 1. Conduct Disruptive of Public Order › 45-8-107. Purpose

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.
History: En. Sec. 1, Ch. 492, L. 1991.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 8. Offenses Against Public Order › Part 1. Conduct Disruptive of Public Order › 45-8-108. Definitions

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.
History: En. Sec. 2, Ch. 492, L. 1991; amd. Sec. 17, Ch. 36, L. 2005.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 8. Offenses Against Public Order › Part 1. Conduct Disruptive of Public Order › 45-8-109. Civil disorder -- prohibited activities -- penalties -- exceptions

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.
History: En. Sec. 3, Ch. 492, L. 1991; amd. Sec. 1, Ch. 262, L. 1991; amd. Sec. 201, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 8. Offenses Against Public Order › Part 1. Conduct Disruptive of Public Order › 45-8-110. Obstructing health care facility access

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.
History: En. Sec. 1, Ch. 331, L. 2005.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 8. Offenses Against Public Order › Part 1. Conduct Disruptive of Public Order › 45-8-111. Public nuisance

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 the 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 an amount not to exceed $500. Each day of the conduct constitutes a separate offense.
History: En. 94-8-107 by Sec. 1, Ch. 513, L. 1973; amd. Sec. 30, Ch. 359, L. 1977; R.C.M. 1947, 94-8-107(1) thru (4); amd. Sec. 2, Ch. 123, L. 1981; amd. Sec. 9, Ch. 415, L. 1991; amd. Sec. 1697, Ch. 56, L. 2009; amd. Sec. 18, Ch. 321, L. 2017.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 8. Offenses Against Public Order › Part 1. Conduct Disruptive of Public Order › 45-8-112. Action to abate public nuisance

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).
History: En. 94-8-107 by Sec. 1, Ch. 513, L. 1973; amd. Sec. 30, Ch. 359, L. 1977; R.C.M. 1947, 94-8-107(5); amd. Sec. 1698, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 8. Offenses Against Public Order › Part 1. Conduct Disruptive of Public Order › 45-8-113. Creating hazard

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.
History: En. 94-8-108 by Sec. 1, Ch. 513, L. 1973; amd. Sec. 31, Ch. 359, L. 1977; R.C.M. 1947, 94-8-108; amd. Sec. 1699, Ch. 56, L. 2009.