Montana Code 82-1-602. Criminal penalties
82-1-602. Criminal penalties. (1) Except as provided in 82-1-604, a person who willfully and knowingly trespasses on property containing a critical infrastructure facility:
Terms Used In Montana Code 82-1-602
- Conviction: A judgement of guilt against a criminal defendant.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- 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
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- Willfully: when applied to the intent with which an act is done or omitted, means a purpose or willingness to commit the act or make the omission referred to. See Montana Code 1-1-204
(a)that is completely enclosed by a fence or other physical barrier that is obviously designed to exclude intruders with intent to willfully damage, destroy, vandalize, deface, tamper with equipment, or materially impede or inhibit operations of the facility shall, on conviction, be guilty of a felony punishable by a fine of not more than $4,500 or by imprisonment for not more than 18 months or both; and
(b)that is clearly marked with a sign or signs that are posted on the property that indicate that entry is forbidden without site authorization with intent to willfully damage, destroy, vandalize, deface, tamper with equipment, or materially impede or inhibit operations of the facility shall, on conviction, be guilty of a felony punishable by a fine of not more than $4,500 or by imprisonment for not more than 18 months or both.
(2)A person who willfully damages, destroys, vandalizes, defaces, or tampers with equipment in a critical infrastructure facility:
(a)causing less than $1,500 in damages shall, on conviction, be guilty of a misdemeanor and may be incarcerated for any term not to exceed 6 months or be fined an amount not to exceed $500, or both, and must be ordered to make restitution in an amount and manner to be set by the court; and
(b)causing damages greater than $1,500 shall, on conviction, be guilty of a felony punishable by a fine of not more than $150,000 or by imprisonment for not more than 30 years, or both.
(3)An organization found to be in a conspiracy, as the term is used in 45-4-102, with persons who are found to have committed any of the crimes provided in subsection (1) or (2) may be punished by a fine up to 10 times the amount of the fine provided for the appropriate crime.