Senate Bill No. 178

Introduced By _______________________________________________________________________________

A Bill for an Act entitled: "An Act generally revising the offense of criminal syndicalism; renaming the offense 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 syndicalism incitement. (1) "Criminal syndicalism" means the advocacy of crime, malicious damage or injury to property, violence, or other unlawful methods of terrorism as a means of accomplishing industrial or political ends.

(2)(1)  A person commits the offense of criminal syndicalism incitement if he the person purposely or knowingly:

(a)  orally or by means of writing, advocates or promotes the doctrine of criminal syndicalism;

(b)  organizes or becomes a member of any assembly, group, or organization which he knows is advocating or promoting the doctrine of criminal syndicalism; or

(c)  for or on behalf of another whose purpose is to advocate or promote the doctrine of criminal syndicalism, distributes, sells, publishes, or publicly displays any writing advocating or advertising such doctrine advocates the commission of a criminal offense and the advocacy:

(a) is directed to inciting or producing imminent unlawful action; and

(b) is likely to incite or produce unlawful action.

(2) For purposes of this section, "imminent" means highly predictable.

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

(4)  Whoever, being the owner or in possession or control of any premises, knowingly permits any assemblage of persons to use such premises for the purpose of advocating or promoting the doctrine of criminal syndicalism shall be fined not to exceed $500 or imprisoned in the county jail for a term not to exceed 6 months, or both."

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

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