TITLE 45 CRIMES
CHAPTER 8 OFFENSES AGAINST PUBLIC ORDER
PART 2 OFFENSIVE, INDECENT, AND INHUMANE CONDUCT
Mont. Code Anno., § 45-8-213
45-8-213 Privacy in communications.
(1)
Except as provided in 69-6-104, a person commits the offense of violating privacy in communications if
the person knowingly or purposely:
(a)
with the purpose to terrify, intimidate, threaten, harass, annoy, or offend, communicates with a person
by electronic communication and uses obscene, lewd, or profane language, suggests a lewd or lascivious act, or
threatens to inflict injury or physical harm to the person or property of the person. The use of obscene,
lewd, or profane language or the making of a threat or lewd or lascivious suggestions is prima facie evidence
of an intent to terrify, intimidate, threaten, harass, annoy, or offend.
(b)
uses an electronic communication to attempt to extort money or any other thing of value from a person or
to disturb by repeated communications the peace, quiet, or right of privacy of a person at the place where the
communications are received;
(c)
records or causes to be recorded a conversation by use of a hidden electronic or mechanical device that
reproduces a human conversation without the knowledge of all parties to the conversation. This subsection
(1)(c) does not apply to:
(1)(c) does not apply to:
(i)
elected or appointed public officials or employees when the transcription or recording is done in the
performance of official duty;
(ii)
persons speaking at public meetings; or
(iii)
persons given warning of the transcription or recording.
(2)
Except as provided in 69-6-104, a person commits the offense of violating privacy in communications if
the person purposely intercepts an electronic communication. This subsection does not apply to elected or
appointed public officials or employees when the interception is done in the performance of official duty or
to persons given warning of the interception.
(3)
(a)
A person convicted of the offense of violating privacy in communications shall be fined not to exceed
$ 500 or imprisoned in the county jail for a term not to exceed 6 months, or both.
(b)
On a second conviction of subsection (1)(a) or (1)(b), a person shall be imprisoned in the county jail
for a term not to exceed 1 year or be fined an amount not to exceed $ 1,000, or both.
(c)
On a third or subsequent conviction of subsection (1)(a) or (1)(b), a person shall be imprisoned in the
state prison for a term not to exceed 5 years or be fined an amount not to exceed $ 10,000, or both.
(4)
"Electronic communication" means any transfer between persons of signs, signals, writing, images, sounds,
data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic,
photoelectronic, or photo-optical system.
Compliance Guide:
Registration Made Easy.
Online State Registration wizard for call campaign licensing.
Wizard makes finding State DNC exemptions easy.
Quickly answer questions with included regulatory guide.
This site is provided for informational purposes only. These materials do not constitute legal advice and should not be used as a substitute for competent legal counsel. No representations are made regarding the timeliness, accuracy, or completeness of these materials.
