SENATE BILL NO. 25
INTRODUCED BY R. HOLDEN
A BILL FOR AN ACT ENTITLED: "AN ACT PROVIDING THAT AN ACT OR CONDUCT CONSTITUTING INCITEMENT TO RIOT MAY INCLUDE AN ACT OR CONDUCT THAT INCLUDES BURNING THE FLAG OF THE UNITED STATES; AND AMENDING SECTION 45-8-104, MCA."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 45-8-104, MCA, is amended to read:
"45-8-104. Incitement to riot. (1) A person commits the offense of incitement to riot if he the person purposely and
knowingly commits an act or engages in conduct, including an act or conduct that includes burning the flag of the United
States, that urges other persons to riot. Such act or conduct shall not include the The mere oral or written advocacy of ideas
or expression of belief which advocacy or expression that does not urge the commission of an act of immediate violence
does not constitute incitement to riot.
(2) Except as provided in subsection (3), a person convicted of the offense of incitement to riot 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.
(3) A person who commits the offense of incitement to riot while incarcerated at any a state adult correctional facility
shall be imprisoned for not less than 1 year or more than 5 years."
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Latest Version of SB 25 (SB0025.01)
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