Montana Code Annotated 2007

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     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.

     History: En. by Sec. 1, Ch. 513, L. 1973; amd. Sec. 29, Ch. 359, L. 1977; R.C.M. 1947, ; amd. Sec. 1, Ch. 350, L. 1999.

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