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 $1,500; 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 $1,500 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.

     History: En. Sec. 1, Ch. 533, L. 1995; amd. Sec. 1, Ch. 141, L. 1999; amd. Sec. 4, Ch. 473, L. 2009.