Stalking
Mont. Code Ann. §
45-5-220.
Stalking -- exemption -- penalty.
(2003)
(1)
A
person commits the offense of stalking
if the person purposely or knowingly causes another person substantial
emotional distress or reasonable apprehension of bodily injury or death by
repeatedly:
(a)
following the stalked
person; or
(b)
harassing, threatening, or
intimidating the stalked person, in person or by mail, electronic
communication, as defined in 45-8-213,
or any other action, device, or method.
(2)
This
section does not apply to a constitutionally protected
activity.
(3)
For
the first offense, a person convicted of stalking
shall be imprisoned in the county jail for a term not to exceed 1 year or
fined an amount not to exceed $ 1,000, or both. For a second or subsequent
offense or for a first offense against a victim who was under the protection
of a restraining order directed at the offender, the offender shall be
imprisoned in the state prison for a term not to exceed 5 years or fined an
amount not to exceed $ 10,000, or both. A person convicted of stalking
may be sentenced to pay all medical, counseling, and other costs incurred by
or on behalf of the victim as a result of the offense.
(4)
Upon
presentation of credible evidence of violation of this section, an order may
be granted, as set forth in Title 40, chapter 15, restraining a person from
engaging in the activity described in subsection (1).
(5)
For
the purpose of determining the number of convictions under this section,
"conviction" means:
(a)
a
conviction, as defined in 45-2-101,
in this state;
(b)
a
conviction for a violation of a statute similar to this section in another
state; or
(c)
a
forfeiture of bail or collateral deposited to secure the defendant's
appearance in court in this state or another state for a violation of a
statute similar to this section, which forfeiture has not been
vacated.
(6)
Attempts by the accused person
to contact or follow the stalked person after the accused person has been
given actual notice that the stalked person does not want to be contacted or
followed constitutes prima facie evidence that the accused person purposely or
knowingly followed, harassed, threatened, or intimidated the stalked
person.
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Related
Offenses
Mont. Code Anno.
§ 45-5-223. Surreptitious visual observation or recordation -- place of
residence -- public establishment -- exceptions.
(1997)
(1)
A
person commits the offense of surreptitious visual observation or recordation
in a place of residence if a person purposely or knowingly hides, waits, or
otherwise loiters in the vicinity of a private dwelling house, apartment, or
other place of residence for the purpose of:
(a)
watching, gazing at, or looking
upon any occupant in the residence in a surreptitious manner;
or
(b)
by
means of an electronic or mechanical recording device, surreptitiously
recording the visual image of any occupant in the
residence.
(2)
An
owner, manager, or employee of a business or a landlord who knowingly
surreptitiously records a visual image of a person in a restroom, washroom,
shower, bedroom, fitting room, or other room used by a customer, guest,
tenant, or member of the public to, with a reasonable expectation of privacy,
change or try on clothes, bathe, perform intimate bodily functions, or appear
nude or partially nude or in underclothes commits the offense of surreptitious
visual recordation in a public establishment.
(3)
Subsections (1) and (2) do not
apply to a law enforcement officer, an agent or employee of an insurer, or a
private investigator licensed pursuant to 37-60-301 or to any person engaged in fraud detection, prevention, or
prosecution pursuant to 2-15-2015 or
39-71-211 while the
officer, agent, employee, or private investigator is acting in the course and
scope of employment for legitimate investigative
purposes.
(4)
(a)
A
person convicted of the offense of surreptitious visual observation or
recordation in a place of residence shall be fined an amount not to exceed $
500 or be incarcerated in the county jail for a term not to exceed 6 months,
or both. Upon a second conviction, a person shall be fined an amount not to
exceed $ 1,000 or be incarcerated for a term not to exceed 1 year, or both.
Upon a third or subsequent conviction, a person shall be fined an amount not
to exceed $ 10,000 or be incarcerated for a term not to exceed 5 years, or
both.
(b)
A
person convicted of the offense of surreptitious visual recordation in a
public establishment shall be fined an amount not to exceed $ 1,000 or
incarcerated for a term not to exceed 6 months, or both, if the victim was an
adult and shall be fined an amount not to exceed $ 5,000 or incarcerated for a
term not to exceed 2 years, or both, if the victim was a
minor."
Mont. Code Ann. § 45-8-213.
Privacy in communications. (2007)
(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:
(i)
elected or appointed public
officials or to public employees when the transcription or recording is done
in the performance of official duty;
(ii)
persons speaking at public
meetings;
(iii)
persons given warning of the
transcription or recording, and if one person provides the warning, either
party may record; or
(iv)
a
health care facility, as defined in 50-5-101,
or a government agency that deals with health care if the recording is of a
health care emergency telephone communication
made to the facility or agency.
(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 to
public 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 an amount not to
exceed $ 500 or be 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.
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