Montana Code 45-7-102. Threats and other improper influence in official and political matters
45-7-102. Threats and other improper influence in official and political matters. (1) A person commits an offense under this section if the person purposely or knowingly:
Terms Used In Montana Code 45-7-102
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Juror: A person who is on the jury.
- 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
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Property: means real and personal property. See Montana Code 1-1-205
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
(a)(i) threatens harm to any person, the person’s spouse, child, parent, or sibling, or the person’s property with the purpose to influence the person’s decision, opinion, recommendation, vote, or other exercise of discretion as a public servant, party official, or voter;
(ii)threatens harm to any public servant, to the public servant’s spouse, child, parent, or sibling, or to the public servant’s property with the purpose to influence the public servant’s decision, opinion, recommendation, vote, or other exercise of discretion in a judicial or administrative proceeding;
(iii)threatens harm to any public servant or party official, the person’s spouse, child, parent, or sibling, or the person’s property with the purpose to influence the person to violate the person’s duty or to prevent the public servant or party official from accepting or holding any public office;
(iv)privately addresses to any public servant who has or will have official discretion in a judicial or administrative proceeding any representation, entreaty, argument, or other communication designed to influence the outcome on the basis of considerations other than those authorized by law;
(v)as a juror or officer in charge of a jury receives or permits to be received any communication relating to any matter pending before the jury, except according to the regular course of proceedings; or
(b)injures the person or property of a public servant or injures the servant’s spouse, child, parent, or sibling because of the public servant’s lawful discharge of the duties of the office or to prevent the public servant from discharging the public servant’s official duties.
(2)It is no defense to prosecution under subsections (1)(a)(i) through (1)(a)(iv) and (1)(b) that a person whom the offender sought to influence was not qualified to act in the desired way, whether because the person had not yet assumed office or lacked jurisdiction or for any other reason.
(3)A person convicted under this section shall be fined not to exceed $50,000 or be imprisoned in the state prison for a term not to exceed 10 years, or both.