Bill Summary – FastDemocracy

66th Legislature                                                                                            HB0192.01
                                                HOUSE BILL NO. 192
                                            INTRODUCED BY M. RYAN
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 A BILL FOR AN ACT ENTITLED: "AN ACT REVISING LAWS RELATED TO PRIVACY IN COMMUNICATIONS;
 PROVIDING THAT THE PUBLICATION OR DISTRIBUTION OF SEXUAL IMAGES WITHOUT THE CONSENT
 OF THE PERSON DEPICTED IS A FELONY; AND AMENDING SECTION 45-8-213, MCA."
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 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
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         Section 1. Section 45-8-213, MCA, is amended to read:
         "45-8-213. Privacy in communications. (1) Except as provided in 69-6-104, a person commits the
 offense of violating privacy in communications if the person knowingly or purposely:
         (a) with the purpose to terrify, intimidate, threaten, harass, annoy, or offend, communicates with a person
 by electronic communication and uses obscene, lewd, or profane language, suggests a lewd or lascivious act,
 or threatens to inflict injury or physical harm to the person or property of the person. The use of obscene, lewd,
 or profane language or the making of a threat or lewd or lascivious suggestions is prima facie evidence of an
 intent to terrify, intimidate, threaten, harass, annoy, or offend.
         (b) uses an electronic communication to attempt to extort money or any other thing of value from a
 person or to disturb by repeated communications the peace, quiet, or right of privacy of a person at the place
 where the communications are received;
         (c) records or causes to be recorded a conversation by use of a hidden electronic or mechanical device
 that reproduces a human conversation without the knowledge of all parties to the conversation.; or
         (d) publishes or distributes printed or electronic photographs, pictures, images, or films without the
 consent of the person depicted that show:
         (i) the visible genitals, anus, female breast, or other intimate parts of the person depicted; or
         (ii) the person depicted engaged in a real or simulated sexual act. This subsection
         (2) (a) Subsection (1)(c) does not apply to:
         (i) elected or appointed public officials or to public employees when the transcription or recording is done
 in the performance of official duty;
         (ii) persons speaking at public meetings;
                                                              -1-                   Authorized Print Version - HB 192
66th Legislature                                                                                            HB0192.01
         (iii) persons given warning of the transcription or recording, and if. If one person provides the warning,
 either party may record; or.
         (iv) a health care facility, as defined in 50-5-101, or a government agency that deals with health care if
 the recording is of a health care emergency telephone communication made to the facility or agency.
         (b) Subsection (1)(d) does not apply to:
         (i) images involving the voluntary exposure of a person's genitals or intimate parts in public or
 commercial settings; or
         (ii) disclosures made in the public interest, including but not limited to the reporting of unlawful conduct
 or disclosures made in the course of performing duties related to law enforcement, criminal or news reporting,
 legal proceedings, or medical treatment.
         (2)(3)   Except as provided in 69-6-104, a person commits the offense of violating privacy in
 communications if the person purposely intercepts an electronic communication. This subsection does not apply
 to elected or appointed public officials or to public employees when the interception is done in the performance
 of official duty or to persons given warning of the interception.
         (3)(4) (a) A Except as provided in subsection (4)(c), a person convicted of the offense of violating privacy
 in communications 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.
         (b) On a second conviction of subsection (1)(a) or (1)(b), a person shall be imprisoned in the county jail
 for a term not to exceed 1 year or be fined an amount not to exceed $1,000, or both.
         (c) On a third or subsequent conviction of subsection (1)(a) or (1)(b) or on a first or subsequent
 conviction of subsection (1)(d), a person shall be imprisoned in the state prison for a term not to exceed 5 years
 or be fined an amount not to exceed $10,000, or both.
         (4)(5) "Electronic communication" means any transfer between persons of signs, signals, writing, images,
 sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic,
 photoelectronic, or photo-optical system."
                                                       - END -
                                                            -2-                     Authorized Print Version - HB 192
Statutes affected: 
HB0192_1.pdf: 45-8-213
HB0192_2.pdf: 45-8-213
HB0192_3.pdf: 45-8-213
HB0192_x.pdf: 45-8-213
Enrolled: 45-8-213