Montana Code 80-20-103. Unlawful acts
80-20-103. Unlawful acts. (1) A person who does not have the effective consent of the owner may not acquire or otherwise exercise control over a crop research facility, a crop from a crop research facility, or other property from a crop research facility with the intent to deprive the owner of the facility, crop, or property or to damage the enterprise conducted at the crop research facility.
Terms Used In Montana Code 80-20-103
- Consent: means agreement in fact, whether express or apparent. See Montana Code 80-20-102
- Crop: means a product grown, developed, or raised for purposes including but not limited to human or animal consumption, research, industrial use, commercial use, or pharmacological use. See Montana Code 80-20-102
- Deprive: means to:
(a)withhold a crop or other property from the owner permanently or for such a period of time that a major portion of the value or enjoyment of the crop or property is lost to the owner;
(b)restore the crop or other property only upon payment of reward or other compensation; or
(c)dispose of a crop or other property in a manner that makes recovery of the crop or property by the owner unlikely. See Montana Code 80-20-102
- Effective consent: means consent by the owner or by a person legally authorized to act for the owner. See Montana Code 80-20-102
- 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
- Notice: means :
(a)oral or written communication by the owner or someone with apparent authority to act for the owner;
(b)fencing or other enclosure obviously designed to exclude intruders or to contain crops; or
(c)a sign or signs posted on the property or at the entrance to a building that are reasonably likely to come to the attention of intruders and that indicate that entry is forbidden. See Montana Code 80-20-102
- Owner: means a person who has:
(a)title to the property; or
(b)lawful possession of the property. See Montana Code 80-20-102
- Person: means an individual, state agency, corporation, association, nonprofit corporation, joint-stock company, firm, trust, or partnership; two or more persons having a joint or common interest; or some other legal entity. See Montana Code 80-20-102
- Property: means real and personal property. See Montana Code 1-1-205
- Research facility: means a public or private place, laboratory, institution, medical care facility, elementary school, high school, college, or university at which a scientific test, experiment, or investigation involving the use of a crop is lawfully carried out, conducted, or attempted. See Montana Code 80-20-102
(2)A person who does not have the effective consent of the owner and who purposely or knowingly intends to damage the enterprise conducted at a crop research facility may not:
(a)damage or destroy a crop research facility or a crop or property in or on the premises of a crop research facility;
(b)enter a crop research facility that is at the time closed to the public with the intent to commit an act prohibited by this part;
(c)remain concealed in a crop research facility with the intent to commit an act prohibited by this part;
(d)enter a crop research facility and commit or attempt to commit an act prohibited by this part;
(e)enter a crop research facility to take pictures by photograph, video camera, or other means with the intent to commit an unlawful act; or
(f)enter or remain on the premises of a crop research facility if the person:
(i)had notice that the entry was forbidden; or
(ii)received notice to depart but failed to do so.
(3)The provisions of this part do not apply to lawful activities of a government agency or its employees who are carrying out their duties under law or to lawful activities of a financial institution or other secured party.