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Can you summarize MTCO 45-8-213?
Offensive, Indecent, and Inhumane Conduct > Privacy in communications
Short Summary
This legal document governs the offense of violating privacy in communications. It applies to any person who knowingly or purposely commits the offense. The document prohibits various actions, including threatening or harassing communication, attempts to extort money or disturb the peace through electronic communication, recording conversations without the knowledge of all parties, and publishing or distributing explicit photographs without consent. There are exemptions for certain individuals and circumstances, such as elected or appointed public officials, public employees, health care facilities, and disclosures made in the public interest or related to law enforcement. The penalties for violating this offense range from fines to imprisonment, depending on the number of convictions. It is important to note that interactive computer services are not held liable for content provided by others.
Whom does it apply to?
Any person who knowingly or purposely commits the offense
What does it govern?
Violating privacy in communications
What are exemptions?
There are exemptions for elected or appointed public officials, public employees, persons speaking at public meetings, persons given warning of the recording, health care facilities or government agencies dealing with health care in case of recording health care emergency telephone communication, images involving voluntary exposure of genitals or intimate parts in public or commercial settings, disclosures made in the public interest or related to law enforcement, and disclosures concerning historic, artistic, scientific, or educational materials.
What are the Penalties?
For a first conviction, a person may be fined up to $500 or imprisoned in the county jail for up to 6 months, or both. For a second conviction, a person may be imprisoned in the county jail for up to 1 year or fined up to $1,000, or both. For a third or subsequent conviction, a person may be imprisoned in the state prison for up to 5 years or fined up to $10,000, or both.
Jurisdiction
Montana