Montana Code 23-2-903. Vandalism of cave unlawful
23-2-903. Vandalism of cave unlawful. (1) Except as provided in subsection (2), a person may not purposely or knowingly:
Terms Used In Montana Code 23-2-903
- Cave: means any geologically formed void or cavity beneath the surface of the earth or within a cliff or ledge, including but not limited to natural subsurface water and drainage systems, whether or not a natural entrance is present. See Montana Code 23-2-902
- Gate: means a structure or device located to limit or prohibit access or entry to a cave. See Montana Code 23-2-902
- Knowingly: means only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See Montana Code 1-1-204
- Material: means all or part of any archaeological, cultural, paleontological, biological, or historical item or artifact found in a cave, including but not limited to any petroglyph, pictograph, pottery, basketwork, fossil, human remains, or animal remains. See Montana Code 23-2-902
- Owner: means any person or public or private agency that has the right to possession of a cave. See Montana Code 23-2-902
- Person: means an individual, partnership, firm, association, trust, corporation, or other legal entity. See Montana Code 23-2-902
(a)carve, write, mark upon, break, crack, burn, or remove or in any manner destroy, disturb, deface, mar, or harm the surfaces of any cave or material found in a cave, whether attached or broken, including speleothems, speleogens, and sedimentary deposits;
(b)break, force, tamper with, or otherwise disturb a lock, gate, door, or other obstruction designed to control or prevent access to a cave;
(c)remove, deface, or tamper with a sign stating that a cave is posted or citing provisions of this part; or
(d)disturb or alter in any way the natural condition of a cave.
(2)The provisions of subsection (1) do not apply to a cave owner or the owner’s authorized agent, officer, employee, or designated representative who undertakes work to improve or control physical access to the cave.