reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 45. Crimes › Chapter 8. Offenses Against Public Order › Part 1. Conduct Disruptive of Public Order › 45-8-114. Failure to yield party line

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.
History: En. 94-8-109 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-8-109; amd. Sec. 1700, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 8. Offenses Against Public Order › Part 1. Conduct Disruptive of Public Order › 45-8-115. Illegal posting of state and federal land

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.
History: En. Sec. 1, Ch. 743, L. 1991; amd. Sec. 1701, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 8. Offenses Against Public Order › Part 1. Conduct Disruptive of Public Order › 45-8-116. Funeral picketing -- penalties

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.
History: En. Sec. 1, Ch. 10, L. 2007.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 8. Offenses Against Public Order › Part 1. Conduct Disruptive of Public Order › 45-8-117. Definitions

45-8-117. Definitions.
As used in 45-8-117 and 45-8-118, the following definitions apply:
(1) "Drag king" means a male or female performer who adopts a flamboyant or parodic male persona with glamorous or exaggerated costumes and makeup.
(2) "Drag queen" means a male or female performer who adopts a flamboyant or parodic feminine persona with glamorous or exaggerated costumes and makeup.
(3) "Drag story hour" means an event hosted by a drag queen or drag king who reads children's books and engages in other learning activities with minor children present.
(4) "Nude" means:
(a) entirely unclothed; or
(b) clothed in a manner that leaves uncovered or visible through less than fully opaque clothing any portion of the breast below the top of the areola of the breasts if the person is female or any portion of the genitals or buttocks.
(5) "Prurient interest in sex" has the same meaning as provided in 45-8-205.
(6) "Public property" means any real property owned or leased, in whole or part, by the state or a political subdivision, as defined in 2-9-101, or held in the name of a political subdivision by a department, board, or authority of the state or a political subdivision.
(7) "Obscene" has the same meaning as provided in 45-8-201.
(8) "Sexually oriented" means any simulation of sexual activity, stripping, salacious dancing, any lewd or lascivious depiction or description of human genitals or of sexual conduct as defined in 45-5-625.
(9) "Sexually oriented business" means a nightclub, bar, restaurant, or similar commercial enterprise that:
(a) provides for an audience of two or more individuals:
(i) live nude entertainment or live nude performances; or
(ii) a sexually oriented performance; and
(b) authorizes on-premises consumption of alcoholic beverages.
(10) "Sexually oriented performance" means a performance that, regardless of whether performed for consideration, is intended to appeal to a prurient interest in sex and features:
(a) the purposeful exposure, whether complete or partial, of:
(i) a human genital, the pubic region, the human buttocks, or a female breast, if the breast is exposed below a point immediately above the top of the areola; or
(ii) prosthetic genitalia, breasts, or buttocks;
(b) stripping; or
(c) sexual conduct.
(11) "Stripping" means removal or simulated removal of clothing in a sexual manner for the entertainment of one or more individuals.
History: En. Sec. 1, Ch. 719, L. 2023.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 8. Offenses Against Public Order › Part 1. Conduct Disruptive of Public Order › 45-8-118. Restrictions on sexually oriented businesses -- penalty

45-8-118. Restrictions on sexually oriented businesses -- penalty.
(1) A sexually oriented business may not allow a person under 18 years of age to enter the premises of the business during a sexually oriented performance.
(2) The owner, operator, manager, or employee of a sexually oriented business who is convicted of violating this section shall be fined not less than $1,000 or more than $5,000 for the first offense, not less than $2,500 or more than $5,000 for the second offense, and for third and subsequent offenses be fined $10,000 and, if applicable, the county or municipality shall revoke the business license held by the offender.
(3) Sections 20-7-135, 27-1-521, and 45-8-117 and this section are applicable and uniform throughout the state and any political subdivisions.
History: En. Sec. 2, Ch. 719, L. 2023.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 8. Offenses Against Public Order › Part 2. Offensive, Indecent, and Inhumane Conduct › 45-8-201. Obscenity

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, counties, or school districts may adopt ordinances, resolutions, or policies that are more restrictive as to obscenity than the provisions of this section.
History: En. 94-8-110 by Sec. 1, Ch. 513, L. 1973; amd. Sec. 1, Ch. 407, L. 1975; R.C.M. 1947, 94-8-110; amd. Sec. 1, I.M. 79, app. Nov. 7, 1978; amd. Sec. 5, Ch. 571, L. 1989; amd. Sec. 1702, Ch. 56, L. 2009; amd. Sec. 1, Ch. 449, L. 2023.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 8. Offenses Against Public Order › Part 2. Offensive, Indecent, and Inhumane Conduct › 45-8-202. Repealed

45-8-202. Repealed.
Sec. 7, Ch. 571, L. 1989.
History: En. Secs. 1 to 3, Ch. 463, L. 1973; amd. Sec. 2, Ch. 407, L. 1975; amd. Sec. 1, Ch. 391, L. 1977; R.C.M. 1947, 94-8-110.1.
2023 Montana Code Annotated › Title 45. Crimes › 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

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.
History: En. 94-8-110.3 by Sec. 1, Ch. 76, L. 1974; R.C.M. 1947, 94-8-110.3; amd. Sec. 6, Ch. 571, L. 1989; amd. Sec. 1703, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 8. Offenses Against Public Order › Part 2. Offensive, Indecent, and Inhumane Conduct › 45-8-204. Repealed

45-8-204. Repealed.
Sec. 18, Ch. 440, L. 1989.
History: En. Secs. 1 to 4, Ch. 430, L. 1973; amd. Sec. 32, Ch. 359, L. 1977; R.C.M. 1947, 94-8-110.2.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 8. Offenses Against Public Order › Part 2. Offensive, Indecent, and Inhumane Conduct › 45-8-205. Definitions

45-8-205. Definitions.
As used in 45-8-205 through 45-8-208, the following definitions apply:
(1) "Commercial establishment" means a place of business that invites the general public for the primary purpose of selling goods or offering entertainment. The term does not include a school, library, or museum.
(2) "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.
(3) "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).
(4) "Minor" means a person under 18 years of age.
(5) "Newsstand" means a stand that distributes or sells newspapers or magazines. The term does not include a school, library, or museum.
(6) "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.
(7) "Person" means any individual, partnership, association, corporation, or other legal entity of any kind.
(8) "Prurient interest in sex" means a shameful or morbid interest in sex or excretion.
(9) "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.
(10) "Ultimate sexual act" means vaginal or anal sexual intercourse, fellatio, cunnilingus, or bestiality.
History: En. Sec. 1, Ch. 571, L. 1989; amd. Sec. 2, Ch. 449, L. 2023.
2023 Montana Code Annotated › Title 45. Crimes › 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

45-8-206. Public display or dissemination of obscene material to minors.
(1) A person having custody, control, or supervision of a 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; or
(b) 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.
(3) The offense of public display or dissemination of obscene material to minors under this section is separate from and may not be construed to negate or limit the provisions of 45-8-201 regarding the offense of obscenity.
(4) Cities, towns, counties, or school districts may adopt ordinances, resolutions, or policies that are more restrictive as to the display or dissemination of obscene material to minors than the provisions of this section.
History: En. Sec. 2, Ch. 571, L. 1989; amd. Sec. 6, Ch. 180, L. 2007; amd. Sec. 3, Ch. 449, L. 2023.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 8. Offenses Against Public Order › Part 2. Offensive, Indecent, and Inhumane Conduct › 45-8-207. Notice of violation

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.
History: En. Sec. 3, Ch. 571, L. 1989; amd. Sec. 1704, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 8. Offenses Against Public Order › Part 2. Offensive, Indecent, and Inhumane Conduct › 45-8-208. Penalties

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.
History: En. Sec. 4, Ch. 571, L. 1989.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 8. Offenses Against Public Order › Part 2. Offensive, Indecent, and Inhumane Conduct › 45-8-209. Harming a police dog -- penalty -- definition

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.
History: En. Secs. 1, 2, Ch. 536, L. 1985; amd. Sec. 1, Ch. 258, L. 1989; amd. Sec. 258, Ch. 800, L. 1991; amd. Sec. 1, Ch. 63, L. 1997.
2023 Montana Code Annotated › Title 45. Crimes › 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

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.
History: En. Secs. 2, 3, Ch. 410, L. 1985; amd. Sec. 1705, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 8. Offenses Against Public Order › Part 2. Offensive, Indecent, and Inhumane Conduct › 45-8-212. Criminal defamation

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.
History: En. 94-8-111 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-8-111; amd. Sec. 1, Ch. 230, L. 1997; amd. Sec. 5, Ch. 395, L. 1999; amd. Sec. 3, Ch. 344, L. 2003.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 8. Offenses Against Public Order › Part 2. Offensive, Indecent, and Inhumane Conduct › 45-8-214. Bribery in contests

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.
History: En. 94-8-112 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-8-112; amd. Sec. 1706, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 8. Offenses Against Public Order › Part 2. Offensive, Indecent, and Inhumane Conduct › 45-8-215. Desecration of flags

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.
History: En. 94-7-502 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-7-502; amd. Sec. 7, Ch. 198, L. 1981; amd. Sec. 1707, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 8. Offenses Against Public Order › Part 2. Offensive, Indecent, and Inhumane Conduct › 45-8-216. Unlawful automated telephone solicitation -- exceptions -- penalties

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.
History: En. Sec. 1, Ch. 230, L. 1991.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 8. Offenses Against Public Order › Part 2. Offensive, Indecent, and Inhumane Conduct › 45-8-217. Aggravated animal cruelty

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.
History: En. Sec. 2, Ch. 366, L. 2003.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 8. Offenses Against Public Order › Part 2. Offensive, Indecent, and Inhumane Conduct › 45-8-218. Deviate sexual conduct

45-8-218. 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.
History: En. 94-5-505 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-5-505; amd. Sec. 7, Ch. 198, L. 1981; amd. Sec. 2, Ch. 175, L. 1991; amd. Sec. 7, Ch. 687, L. 1991; amd. Sec. 5, Ch. 225, L. 2013; Sec. 45-5-505, MCA 2011; redes. 45-8-218 by Sec. 8, Ch. 225, L. 2013.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 8. Offenses Against Public Order › Part 2. Offensive, Indecent, and Inhumane Conduct › 45-8-220. Criminal invasion of personal privacy

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.
History: En. Sec. 1, Ch. 404, L. 2007.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 8. Offenses Against Public Order › Part 2. Offensive, Indecent, and Inhumane Conduct › 45-8-221. Predatory loitering by sexual offender

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.
History: En. Sec. 1, Ch. 274, L. 2011.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 8. Offenses Against Public Order › Part 3. Weapons › 45-8-301. Uniformity of interpretation

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.
History: En. Sec. 11, Ch. 43, L. 1935; re-en. Sec. 11317.10, R.C.M. 1935; Sec. 94-3110, R.C.M. 1947; redes. 94-8-209 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 94-8-209; amd. Sec. 1, Ch. 466, L. 1999.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 8. Offenses Against Public Order › Part 3. Weapons › 45-8-302. Definitions

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.
History: En. Sec. 1, Ch. 43, L. 1935; re-en. Sec. 11317.1, R.C.M. 1935; Sec. 94-3101, R.C.M. 1947; redes. 94-8-201 by Sec. 29, Ch. 513, L. 1973; amd. Sec. 34, Ch. 359, L. 1977; R.C.M. 1947, 94-8-201; amd. Sec. 2, Ch. 466, L. 1999.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 8. Offenses Against Public Order › Part 3. Weapons › 45-8-303. Possession or use of machine gun in connection with a crime

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.
History: En. Sec. 2, Ch. 43, L. 1935; re-en. 11317.2, R.C.M. 1935; Sec. 94-3102, R.C.M. 1947; redes. 94-8-202 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 94-8-202.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 8. Offenses Against Public Order › Part 3. Weapons › 45-8-304. Possession or use of machine gun for offensive purpose

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.
History: En. Sec. 3, Ch. 43, L. 1935; re-en. Sec. 11317.3, R.C.M. 1935; Sec. 94-3103, R.C.M. 1947; redes. 94-8-203 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 94-8-203.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 8. Offenses Against Public Order › Part 3. Weapons › 45-8-305. Presumption of offensive or aggressive purpose

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.
History: En. Sec. 4, Ch. 43, L. 1935; re-en. Sec. 11317.4, R.C.M. 1935; Sec. 94-3104, R.C.M. 1947; amd. and redes. 94-8-204 by Sec. 26, Ch. 513, L. 1973; amd. Sec. 35, Ch. 359, L. 1977; R.C.M. 1947, 94-8-204; amd. Sec. 3, Ch. 466, L. 1999.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 8. Offenses Against Public Order › Part 3. Weapons › 45-8-306. Repealed

45-8-306. Repealed.
Sec. 6, Ch. 466, L. 1999.
History: En. Sec. 5, Ch. 43, L. 1935; re-en. Sec. 11317.5, R.C.M. 1935; Sec. 94-3105, R.C.M. 1947; redes. 94-8-205 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 94-8-205.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 8. Offenses Against Public Order › Part 3. Weapons › 45-8-307. Exceptions

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.
History: En. Sec. 6, Ch. 43, L. 1935; re-en. Sec. 11317.6, R.C.M. 1935; Sec. 94-3106, R.C.M. 1947; redes. 94-8-206 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 94-8-206; amd. Sec. 4, Ch. 466, L. 1999.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 8. Offenses Against Public Order › Part 3. Weapons › 45-8-308. Repealed

45-8-308. Repealed.
Sec. 6, Ch. 466, L. 1999.
History: En. Sec. 7, Ch. 43, L. 1935; re-en. Sec. 11317.7, R.C.M. 1935; Sec. 94-3107, R.C.M. 1947; redes. 94-8-207 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 94-8-207.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 8. Offenses Against Public Order › Part 3. Weapons › 45-8-309. Repealed

45-8-309. Repealed.
Sec. 6, Ch. 466, L. 1999.
History: En. Sec. 8, Ch. 43, L. 1935; re-en. Sec. 11317.8, R.C.M. 1935; Sec. 94-3108, R.C.M. 1947; redes. 94-8-208 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 94-8-208.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 8. Offenses Against Public Order › Part 3. Weapons › 45-8-310. Policy

45-8-310. Policy.
It is the policy of the state that the citizens of the state should be aware of, understand, and comply with any restrictions on the right to keep or bear arms that the people have reserved to themselves in Article II, section 12, of the Montana constitution, and that to minimize confusion the legislature withholds from local governments the power to restrict or regulate the possession of firearms.
History: En. Sec. 1, Ch. 218, L. 2019.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 8. Offenses Against Public Order › Part 3. Weapons › 45-8-313. Unlawful possession of firearm by convicted person

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;
(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; or
(c) a felony for which the person is currently required to register for the sexual or violent offender registry.
(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.
History: En. Sec. 2, Ch. 555, L. 1995; amd. Sec. 1, Ch. 386, L. 2021.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 8. Offenses Against Public Order › Part 3. Weapons › 45-8-314. Lifetime firearms supervision of certain convicted persons

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.
History: En. Sec. 3, Ch. 555, L. 1995.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 8. Offenses Against Public Order › Part 3. Weapons › 45-8-315. Definition

45-8-315. Definition.
"Concealed weapon" means a firearm that is wholly or partially covered by the clothing or wearing apparel of the person carrying or bearing the weapon.
History: En. Sec. 6, Ch. 74, L. 1919; re-en. Sec. 11307, R.C.M. 1921; re-en. Sec. 11307, R.C.M. 1935; Sec. 94-3530, R.C.M. 1947; redes. 94-8-215 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 94-8-215; amd. Sec. 9, Ch. 759, L. 1991; amd. Sec. 1, Ch. 230, L. 2017.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 8. Offenses Against Public Order › Part 3. Weapons › 45-8-316. Carrying concealed firearms -- exemption

45-8-316. Carrying concealed firearms -- exemption.
(1) A person who carries or bears concealed upon the individual's person a firearm 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 a firearm 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.
(3) This section does not apply to a person eligible to possess a firearm under state or federal law.
History: En. Sec. 1, Ch. 74, L. 1919; re-en. Sec. 11302, R.C.M. 1921; re-en. Sec. 11302, R.C.M. 1935; Sec. 94-3525, R.C.M. 1947; redes. 94-8-210 by Sec. 29, Ch. 513, L. 1973; amd. Sec. 36, Ch. 359, L. 1977; amd. Sec. 1, Ch. 411, L. 1977; R.C.M. 1947, 94-8-210; amd. Sec. 1708, Ch. 56, L. 2009; amd. Sec. 2, Ch. 230, L. 2017; amd. Sec. 9, Ch. 3, L. 2021.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 8. Offenses Against Public Order › Part 3. Weapons › 45-8-317. Repealed

45-8-317. Repealed.
Sec. 12, Ch. 3, L. 2021.
History: En. Sec. 3, Ch. 74, L. 1919; re-en. Sec. 11304, R.C.M. 1921; re-en. Sec. 11304, R.C.M. 1935; Sec. 94-3527, R.C.M. 1947; amd. Sec. 1, Ch. 63, L. 1969; amd. Sec. 1, Ch. 54, L. 1971; redes. 94-8-212 by Sec. 29, Ch. 513, L. 1973; amd. Sec. 37, Ch. 359, L. 1977; R.C.M. 1947, 94-8-212; amd. Sec. 2, Ch. 639, L. 1989; amd. Sec. 10, Ch. 759, L. 1991; amd. Sec. 195, Ch. 42, L. 1997; amd. Sec. 1, Ch. 476, L. 1999; amd. Sec. 1, Ch. 384, L. 2011.