HOUSE BILL NO. 492

INTRODUCED BY H. HARPER

A BILL FOR AN ACT ENTITLED: "AN ACT CRIMINALIZING DESECRATION OF A CHURCH, CEMETERY, OR PUBLIC MEMORIAL; AND AMENDING SECTION 45-6-104, MCA."

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

Section 1. Section 45-6-104, MCA, is amended to read:

"45-6-104. Desecration of capitol, church, cemetery, or public memorial. (1) In this section, "capitol" means the Montana state capitol building and any permanent monuments on the capitol grounds.

(2) A person commits the offense of desecration if the person purposely :

(a) defiles or defaces the capitol or a church, cemetery, or public memorial;

(b) places on or attaches to the capitol or a church, cemetery, or public memorial any mark, design, or material not properly a part of the capitol, church, cemetery, or public memorial; or

(c) injures, damages, or destroys any portion of the capitol or of a church, cemetery, or public memorial.

(3) A person convicted of the offense of desecration shall be imprisoned in the state prison for any term not to exceed 20 years or be fined an amount not to exceed $100,000, or both.

(4) With regard to the capitol, this section does not apply to displays or actions authorized by the department of administration."

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