AN ACT GENERALLY REVISING THE OFFENSE OF CRIMINAL SYNDICALISM; RENAMING THE OFFENSE AS CRIMINAL INCITEMENT; REDEFINING ELEMENTS OF THE OFFENSE TO BE CONSISTENT WITH CONSTITUTIONAL MANDATES; ELIMINATING CONSTITUTIONALLY PROTECTED ACTIVITIES FROM INCLUSION IN THE OFFENSE; AMENDING SECTION 45-8-105, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE AND AN APPLICABILITY DATE.

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

Section 1. Section 45-8-105, MCA, is amended to read:

"45-8-105. Criminal incitement. (1) "Criminal incitement" means the advocacy of crime, malicious damage or injury to property, or violence.

(2) A person commits the offense of criminal incitement if the person purposely or knowingly

advocates the commission of a criminal offense and the advocacy is:

(a) directed to inciting or producing that imminent unlawful, criminal action; and

(b) likely to incite or produce that unlawful, criminal action.

(3) For purposes of this section, "imminent" means immediate in time, impending, or on the verge of happening.

(4) A person convicted of the offense of criminal incitement shall be imprisoned in the state prison for a term not to exceed 10 years.

"

Section 2. Effective date. [This act] is effective on passage and approval.

Section 3. Applicability. [This act] applies to offenses committed on or after [the effective date of this act].

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I hereby certify that the within bill,

SB 0236, originated in the Senate.

Secretary of the Senate

President of the Senate

Signed this	day

of	, .

Speaker of the House

Signed this	day

of	, .

SENATE BILL NO. 236

INTRODUCED BY S. DOHERTY, L. GROSFIELD, M. HALLIGAN

AN ACT GENERALLY REVISING THE OFFENSE OF CRIMINAL SYNDICALISM; RENAMING THE OFFENSE AS CRIMINAL INCITEMENT; REDEFINING ELEMENTS OF THE OFFENSE TO BE CONSISTENT WITH CONSTITUTIONAL MANDATES; ELIMINATING CONSTITUTIONALLY PROTECTED ACTIVITIES FROM INCLUSION IN THE OFFENSE; AMENDING SECTION 45-8-105, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE AND AN APPLICABILITY DATE.