49-2-602. Intimidation or interference in right to be free from housing discrimination — penalties. (1) It is unlawful for a person, whether or not acting under color of law, by force or threat of force to purposefully or knowingly injure, intimidate, or interfere with or attempt to injure, intimidate, or interfere with:

Terms Used In Montana Code 49-2-602

  • Age: means number of years since birth. See Montana Code 49-2-101
  • Housing accommodation: means a building or portion of a building, whether constructed or to be constructed, that is or will be used as the sleeping quarters of its occupants. See Montana Code 49-2-101
  • 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
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • National origin: means ancestry. See Montana Code 49-2-101
  • Organization: means a corporation, association, or any other legal or commercial entity that engages in advocacy of, enforcement of, or compliance with legal interests affected by this chapter. See Montana Code 49-2-101
  • Person: means one or more individuals, labor unions, partnerships, associations, corporations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated employees' associations, employers, employment agencies, organizations, or labor organizations. See Montana Code 49-2-101
  • Physical or mental disability: means :

    (i)a physical or mental impairment that substantially limits one or more of a person's major life activities;

    (ii)a record of such an impairment; or

    (iii)a condition regarded as such an impairment. See Montana Code 49-2-101

  • Property: means real and personal property. See Montana Code 1-1-205
  • Sex: has the meaning provided in 1-1-201. See Montana Code 49-2-101

(a)a person because of sex, race, creed, religion, age, familial status, physical or mental disability, color, or national origin and because the person is or has been:

(i)selling, purchasing, renting, leasing, financing, or occupying or contracting or negotiating for the sale, purchase, lease, rental, financing, or occupation of any housing accommodation or property; or

(ii)applying for or participating in any service, organization, or facility relating to the business of selling, leasing, or renting housing accommodations or property;

(b)a person because that person is or has been:

(i)participating, without discrimination because of sex, race, creed, religion, age, familial status, physical or mental disability, color, or national origin in any of the activities, services, organizations, or facilities described in this subsection (1); or

(ii)affording another person or class of persons opportunity or protection to participate in those activities, services, organizations, or facilities; or

(c)a citizen because the citizen is or has been, or in order to discourage that citizen or any other citizen from, lawfully aiding or encouraging other persons to participate in any of the activities, services, organizations, or facilities described in this subsection (1) or because the citizen is or has been lawfully participating in speech or peaceful assembly opposing any denial of the opportunity to participate.

(2)A person who violates a provision of subsection (1):

(a)shall be fined not more than $1,000 or imprisoned for not more than 1 year, or both;

(b)if bodily injury results, shall be fined not more than $10,000 or imprisoned for not more than 10 years, or both; or

(c)if death results, shall be subject to imprisonment for any term of years or for life.

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