HOUSE BILL NO. 235

INTRODUCED BY J. WITT

A BILL FOR AN ACT ENTITLED: "AN ACT EXPANDING THE OFFENSE OF VIOLATING PRIVACY IN COMMUNICATIONS; AND AMENDING SECTION 45-8-213, MCA."

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

Section 1. Section 45-8-213, MCA, is amended to read:

"45-8-213. Privacy in communications. (1) Except as provided in 69-6-104 and this section, a person commits the offense of violating privacy in communications if the person knowingly or purposely:

(a) uses an electronic communication device to communicate with a person with the purpose to terrify, intimidate, threaten, harass, annoy, transmit unwanted obscene material to, or offend a person or to threaten to inflict injury or physical harm to a person or property of a person . Harassment includes but is not limited to interrupting or preventing the use of an electronic communication device or service of another person.

(b) uses an electronic communication device to attempt to extort money or any other thing of value from a person or to disturb by repeated communications a person's use of an electronic communication device or the peace, quiet, or right of privacy of a person ;

(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 elected or appointed public officials or employees when the transcription or recording is done in the performance of official duty, to persons speaking at public meetings, or to persons given warning of the recording.

(d) by means of any machine, instrument, or contrivance or in any other manner:

(i) reads or attempts to read a message or to learn its contents while it is being sent over a telegraph line;

(ii) learns or attempts to learn the contents of a message while it is in, or is being received at or sent from, a telegraph office ; or

(iii) uses, attempts to use, or communicates to others any information so obtained;

(e) discloses any part of the contents of a telegraphic message addressed to another person without the permission of the other person, unless directed to do so by the lawful order of a court;

(f) opens or reads or causes to be read a sealed letter addressed to another person without being authorized to do so by either the writer of the letter or the person to whom it is addressed or, without the like authority, publishes any of the contents of the letter knowing that the letter was unlawfully opened; or

(g) without lawful authority, uses an electronic communication device to gain or attempt to gain access to data in another electronic communication device.

(2) For the purposes of this section, "electronic communication device" includes but is not limited to a telephone, computer, fax machine, video recorder, or pager.

(3) (a) A person convicted of the offense of violating privacy in communications shall be fined an amount 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."

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