Title 45, Title 45

(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 convi…

(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 ho…

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 fl…

(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 sha…

(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 representa…

(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 in…

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 muse…

(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 …

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 prose…

(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 num…

(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…

(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…

(1) A person commits the offense of cruelty to animals if, without justification, the person knowingly or negligently subjects an animal to mistreatment or neglect by: (a) overworking, beating, tormenting, torturing, injuring, or killing the animal; (b) carrying or confining the …

(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, i…

(1) Except as provided in 69-6-104, a person commits the offense of violating privacy in communications if the person knowingly or purposely: (a) with the purpose to terrify, intimidate, threaten, harass, or injure, communicates with a person by electronic communication and threa…

(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 t…

(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 pe…

(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)…

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 1…

(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 an…

(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 un…

(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 …

As used in 45-8-226 through 45-8-229, unless the context clearly indicates otherwise, the following definitions apply: (1) "Notice" means a verbal or otherwise communicated warning regarding the behavior of another person and a request that the person stop the behavior. (2) "Serv…

(1) A person commits the offense of harassment or harm of a service animal if the person: (a) continues behavior that interferes with the use of a service animal by obstructing, intimidating, or otherwise jeopardizing the safety of the service animal or the service animal's handl…

(1) A person commits the offense of unauthorized control of a service animal if the person purposely or knowingly obtains or exerts unauthorized control over a service animal with the intent to deprive the service animal's handler of the service animal. (2) A person convicted of …

(1) A person convicted of a violation of 45-8-227 or 45-8-228 must be ordered to make full restitution of all damages, including incidental and consequential expenses incurred by the service animal handler, arising from or related to the violation. (2) Restitution for applicable …

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.

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 design…

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.

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.

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 Americ…

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 transp…

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…

(1) To obtain an optional enhanced permit to carry a concealed weapon, an applicant shall submit an application to the sheriff of the county in which the applicant resides. The permit is valid for 5 years from the date of issuance and may be renewed pursuant to subsection (6). (2…

(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 46-18-2…

(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 f…

"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.

(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, comm…

(1) A person commits the offense of possession of a deadly weapon by a prisoner if the person purposely or knowingly possesses or carries or has under the person's custody or control without lawful authority a dirk, dagger, pistol, revolver, slingshot, sword cane, billy, knuckles…

(1) A county sheriff shall, within 60 days after the filing of an application, issue a permit to carry a concealed weapon to the applicant. The permit is valid for 5 years from the date of issuance. An applicant must be a United States citizen or permanent lawful resident who is …

(1) The application form must be readily available at the sheriff's office and must read as follows: CONCEALED WEAPON PERMIT APPLICATION To be completed by each person making application: RESIDENT OF MONTANA AT LEAST 6 MONTHS ( ) Yes ( ) No CITIZEN OF THE UNITED STATES ( ) Yes ( …

A permit to carry a concealed weapon may be revoked or its renewal denied by the sheriff of the county in which the permittee resides if circumstances arise that would require the sheriff to refuse to grant the permittee an original license. A decision to deny an applicant a rene…

The denial or revocation of a permit to carry a concealed weapon or refusal of a renewal is subject to appeal to the district court, which may consider and determine facts as well as law and which is not bound by any factual, legal, or other determination of the sheriff, and from…

A sheriff, employee of a sheriff's office, or county is not liable for damages in a civil action by a person or entity claiming death, personal injury, or property damage arising from alleged wrongful or improper grant of, renewal of, or failure to revoke a permit to carry a conc…

A person commits the offense of carrying a concealed weapon while under the influence if the person purposely or knowingly carries a concealed weapon while under the influence of an intoxicating substance. It is not a defense that the person had a valid permit to carry a conceale…

(1) Except for a person issued a permit pursuant to 45-8-321 or 45-8-312 or a person recognized pursuant to 45-8-329, a person commits the offense of carrying a concealed weapon in a prohibited place if the person purposely or knowingly carries a concealed weapon in portions of a…