HOUSE BILL NO. 492

INTRODUCED BY H. HARPER P. CLARK, D. EWER, M. HANSON, D. HARRINGTON, C. HIBBARD, J. HOLDEN, R. MENAHAN, B. PAVLOVICH, J. QUILICI, B. RANEY, S. ROSE, J. TROPILA, T. ZOOK

A BILL FOR AN ACT ENTITLED: "AN ACT CRIMINALIZING DESECRATION OF A PLACE OF WORSHIP, 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, place of worship, 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 place of worship, cemetery, or public memorial;

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

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

(3) A person convicted of the offense of desecration shall be:

(a) incarcerated for any term not to exceed 6 months or be fined an amount not to exceed $500, or both, if the damage does not exceed $1,000; or

(b) imprisoned in the state prison for any term not to exceed 10 years or be fined an amount not to exceed $50,000, or both, if there is $1,000 or more of damage.

(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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