45-7-103. Criminal use of office or position. (1) An elected official or other public servant commits the offense of criminal use of office or position if the person knowingly solicits, accepts, or agrees to accept any pecuniary benefit accruing to the person, the person’s political campaign, or the person’s political party for giving or offering to give a decision, opinion, recommendation, or vote favorable to another, for exercising or offering to exercise a discretion in another’s favor, or for violating or offering to violate the person’s duty. A person commits an offense under this section if the person knowingly offers, confers, or agrees to confer compensation that is prohibited by this section.

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Terms Used In Montana Code 45-7-103

  • 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

(2)A person convicted under this section shall be fined an amount not to exceed $500 or be imprisoned in the county jail for a term not to exceed 6 months, or both.