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HOUSE BILL NO. 235
INTRODUCED BY J. WITT
A BILL FOR AN ACT ENTITLED: "AN ACT EXPANDING THE OFFENSE OF VIOLATING PRIVACY IN COMMUNICATIONS; AND AMENDING SECTION 45-8-213, MCA."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 45-8-213, MCA, is amended to read:
"45-8-213. Privacy in communications. (1) Except as provided in 69-6-104 and this section, a person commits the
offense of violating privacy in communications if
he the person knowingly or purposely:
(a) uses an electronic communication device to communicate with a person with the purpose to terrify, intimidate,
threaten, harass, annoy, transmit unwanted obscene material to, or offend
, communicates with any a person by telephone
and uses any obscene, lewd, or profane language, suggests any lewd or lascivious act, or threatens to or to threaten to inflict
injury or physical harm to the a person or property of any a person (the use of obscene, lewd, or profane language or the
making of a threat or lewd or lascivious suggestions is prima facie evidence of an intent to terrify, intimidate, threaten,
harass, annoy, or offend);. Harassment includes but is not limited to interrupting or preventing the use of an electronic
communication device or service of another person.
a telephone an electronic communication device to attempt to extort money or any other thing of value from
any a person or to disturb by repeated telephone calls communications a person's use of an electronic communication
device or the peace, quiet, or right of privacy of any a person at the place where the telephone call or calls are received;
(c) records or causes to be recorded
any a conversation by use of a hidden electronic or mechanical device which that
reproduces a human conversation without the knowledge of all parties to the conversation. Subsection This subsection
(1)(c) does not apply to duly elected or appointed public officials or employees when the transcription or recording is done
in the performance of official duty, to persons speaking at public meetings, or to persons given warning of the recording.
(d) by means of any machine, instrument, or contrivance or in any other manner:
(i) reads or attempts to read
any a message or to learn the its contents thereof while it is being sent over a telegraph line;
(ii) learns or attempts to learn the contents of
any a message while it is in, or is being received at or sent from, a
telegraph office or is being received thereat or sent therefrom; or
(iii) uses, attempts to use, or communicates to others any information so obtained;
(e) discloses any part of the contents of a telegraphic message
or any part thereof addressed to another person without
the permission of such the other person, unless directed to do so by the lawful order of a court; or
(f) opens or reads or causes to be read
any a sealed letter not addressed to himself another person without being
authorized to do so by either the writer of the letter or the person to whom it is addressed or, without the like authority,
publishes any of the contents of the letter knowing the same to have been that the letter was unlawfully opened; or
(g) without lawful authority, uses an electronic communication device to gain or attempt to gain access to data in another electronic communication device.
(2) For the purposes of this section, "electronic communication device" includes but is not limited to a telephone, computer, fax machine, video recorder, or pager.
(2)(3) (a) A person convicted of the offense of violating privacy in communications shall be fined an amount not to
exceed $500 or imprisoned in the county jail for a term not to exceed 6 months, or both.
(b) On a second conviction of subsection (1)(a) or (1)(b), a person shall be imprisoned in the county jail for a term not to exceed 1 year or be fined an amount not to exceed $1,000, or both.
(c) On a third or subsequent conviction of subsection (1)(a) or (1)(b), a person shall be imprisoned in the state prison for a term not to exceed 5 years or be fined an amount not to exceed $10,000, or both."
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Latest Version of HB 235 (HB0235.01)
Processed for the Web on January 8, 1999 (4:24PM)
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Status of this Bill| 1999 Session | Leg. Branch Home
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