Montana Code 45-8-105. Criminal incitement
45-8-105. Criminal incitement. (1) “Criminal incitement” means the advocacy of crime, malicious damage or injury to property, or violence.
Terms Used In Montana Code 45-8-105
- 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
(2)A person commits the offense of criminal incitement if the person purposely or knowingly advocates the commission of a criminal offense and the advocacy is:
(a)directed to inciting or producing that imminent unlawful, criminal action; and
(b)likely to incite or produce that unlawful, criminal action.
(3)For purposes of this section, “imminent” means immediate in time, impending, or on the verge of happening.
(4)A person convicted of the offense of criminal incitement shall be imprisoned in the state prison for a term not to exceed 10 years.