_____________ bill NO. _____________

INTRODUCED BY _________________________________________________

By Request of the ****

A BILL FOR AN ACT ENTITLED: "AN ACT revising criminal trespass to property to address unmanned aerial vehicles; and AMENDING SECTION 45-6-203, MCA."

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

Section 1. Section 45-6-203, MCA, is amended to read:

"45-6-203. Criminal trespass to property. (1) Except as provided in 15-7-139, 70-16-111, 76-13-116, and subsection (4) of this section, a person commits the offense of criminal trespass to property if the person knowingly:

(a)        enters or remains unlawfully in an occupied structure; or

(b)        enters or remains unlawfully in or upon the premises of another; or

(c)        operates an unmanned aerial vehicle as defined in 76-13-214 at less than 200 feet above ground level within the airspace above the real property of another person's land without permission of the landowner, a person in lawful possession of the land, or an authorized agent of the landowner or person in lawful possession of the land.

(2)        A person convicted of the offense of criminal trespass to property shall be fined not to exceed $500 or be imprisoned in the county jail for any term not to exceed 6 months, or both.

(3)        A person convicted of or who forfeits bond or bail for committing an act of criminal trespass involving property owned or administered by the department of fish, wildlife, and parks or while hunting, fishing, or trapping may be subject to revocation of the person's privilege to hunt, fish, or trap in this state for up to 24 months from the date of conviction or forfeiture.

(4)        It does not constitute criminal trespass when a person who lacks proof of vaccination or vaccination status or fails to wear a specific medical device, such as masks or other facial coverings, enters or remains in a public place paid for in whole or in part with taxpayer funds where proof of vaccination or use of medical devices, such as masks or other facial coverings, is required."