Title 45. Crimes. Chapter 8. Offenses Against Public Order. Part 2. Offensive, Indecent, and Inhumane Conduct .
Title 45. Crimes. Chapter 5. Offenses Against the Person. Part 5. Sexual Crimes
45-8-218 . Deviate sexual conduct
7-23-4104 . Cruelty to animals
Title 45. Crimes. Chapter 8. Offenses Against Public Order. Part 2. Offensive, Indecent, and Inhumane Conduct.
(b) person while the person is under the control of and acting under the direction of an officer of an official law enforcement agency during the performance of the agency's law enforcement or search and rescue duties.
(2) A person convicted of the offense of harming a police dog may be fined an amount not to exceed $5,000 or be imprisoned in the state prison for a term not to exceed 1 year, or both.
(3) As used in this section, the following definitions apply:
(a) "Law enforcement officer" means a person who is a peace officer, as defined in 46-1-202, or any other agent of a criminal justice agency.
(b) "Police dog" means a dog that is:
(i) used by a law enforcement agency, as defined in 44-11-303, in the exercise of its authority;
(ii) specifically trained for law enforcement or search and rescue work; and
(iii) under the control of a law enforcement officer.
History: En. Secs. 1, 2, Ch. 536, L. 1985; amd. Sec. 1, Ch. 258, L. 1989; amd. Sec. 258, Ch. 800, L. 1991; amd. Sec. 1, Ch. 63, L. 1997.
45-8-210. Causing animals to fight -- owners, trainers, and spectators -- penalties -- exception -- definition
(a) owns, possesses, keeps, or trains any animal with the intent that the animal fight or be engaged in an exhibition of fighting with another animal;
(b) allows or causes any animal to fight with another animal or causes any animal to menace or injure another animal for the purpose of sport, amusement, or gain;
(c) knowingly permits any act in violation of subsection (1)(a) or (1)(b) to take place on any premises under the person's charge or control or aids or abets any act described in subsection (1)(a) or (1)(b);
(d) participates in any exhibition in which animals are fighting for the purpose of sport, amusement, or gain.
(2) A person convicted of violating this section is guilty of a felony and shall be fined an amount not to exceed $5,000 or be imprisoned in the state prison for a term of not less than 1 year or more than 5 years, or both.
(3) Nothing in this section prohibits the following:
(a) accepted husbandry practices used in the raising of livestock or poultry;
(b) the use of animals in the normal and usual course of rodeo events; or
(c) the use of animals in hunting and training as permitted by law.
(4) For purposes of this section, “animal” means any cock, bird, dog, or mammal except a human.
HISTORICAL AND STATUTORY NOTES
45-8-211. Cruelty to animals -- exceptions
(a) overworking, beating, tormenting, torturing, injuring, or killing the animal;
(b) carrying or confining the animal in a cruel manner;
(c) failing to provide an animal in the person's custody with:
(i) food and water of sufficient quantity and quality to sustain the animal's normal health;
(ii) minimum protection for the animal from adverse weather conditions, with consideration given to the species;
(iii) in cases of immediate, obvious, serious illness or injury, licensed veterinary or other appropriate medical care;
(d) abandoning any helpless animal or abandoning any animal on any highway, railroad, or in any other place where it may suffer injury, hunger, or exposure or become a public charge; or
(e) promoting, sponsoring, conducting, or participating in an animal race of more than 2 miles, except a sanctioned endurance race.
(2) (a) A person convicted of the offense of cruelty to animals shall be fined an amount not to exceed $1,000 or be imprisoned in the county jail for a term not to exceed 1 year, or both. A person convicted of a second or subsequent offense of cruelty to animals or of a first or subsequent offense of aggravated animal cruelty shall be fined an amount not to exceed $2,500 or be sentenced to the department of corrections for a term not to exceed 2 years, or both.
(b) If the convicted person is the owner, the person may be required to forfeit any animal affected to the county in which the person is convicted. This provision does not affect the interest of any secured party or other person who has not participated in the offense.
(c) For the purposes of this subsection (2), when more than one animal is subject to cruelty to animals, each act may comprise a separate offense.
(3) In addition to the sentence provided in subsection (2), the court:
(a) shall require the defendant to pay all reasonable costs incurred in providing necessary veterinary attention and treatment for any animal affected, including reasonable costs of care incurred by a public or private animal control agency or humane animal treatment shelter;
(b) may require the defendant to pay all reasonable costs of necessary care of the affected animal that are incurred by a public or private animal control agency or humane animal treatment shelter; and
(c) shall prohibit or limit the defendant's ownership, possession, or custody of animals, as the court believes appropriate during the term of the sentence.
(4) This section does not prohibit:
(a) a person humanely destroying an animal for just cause;
(b) the use of commonly accepted agricultural and livestock practices on livestock;
(c) rodeo activities that meet humane standards of the professional rodeo cowboys association;
(d) lawful fishing, hunting, and trapping activities;
(e) lawful wildlife management practices;
(f) lawful scientific or agricultural research or teaching that involves the use of animals;
(g) services performed by a licensed veterinarian;
(h) lawful control of rodents and predators and other lawful animal damage control activities; or
(i) accepted training and discipline methods.
History: En. 94-8-106 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-8-106; amd. Sec. 1, Ch. 148, L. 1985; amd. Sec. 1, Ch. 410, L. 1985; amd. Sec. 1, Ch. 424, L. 1991; amd. Sec. 1, Ch. 556, L. 1993; amd. Sec. 1, Ch. 358, L. 2003; amd. Sec. 1, Ch. 366, L. 2003.
45-8-217. Aggravated animal cruelty
A person commits the offense of aggravated animal cruelty if the person purposely or knowingly:
(1) kills or inflicts cruelty to an animal with the purpose of terrifying, torturing, or mutilating the animal; or
(2) inflicts cruelty to animals on a collection, kennel, or herd of 10 or more animals.
Enacted by Laws 2003, ch. 366, § 2.
Title 45. Crimes. Chapter 5. Offenses Against the Person. Part 5. Sexual Crimes
45-8-218. Deviate sexual conduct
(1) A person who knowingly engages in deviate sexual relations or who causes another to engage in deviate sexual relations commits the offense of deviate sexual conduct.
(2) A person convicted of the offense of deviate sexual conduct shall be imprisoned in the state prison for any term not to exceed 10 years or be fined an amount not to exceed $50,000, or both.
Enacted 94-5-505 by Laws 1973, ch. 513, § 1; Revised Code of Montana 1947, 94-5-505. Amended by Laws 1981, ch. 198, § 7; amended by Laws 1991, ch. 175, § 2; amended by Laws 1991, ch. 687, § 7; amended by Laws 2013, ch. 225, § 5, eff. Oct. 1, 2013. Renumbered from 45-5-505 by Laws 2013, ch. 225, § 8, eff. Oct. 1, 2013.
CRIMINAL LAW COMMISSION COMMENTS
The section includes both homosexuality and bestiality. There has been a reduction in the penalty because it was felt that the severe penalty was more a product of revulsion than the social harm in fact committed. The Model Penal Code recommends that bestiality be made a misdemeanor. The Illinois Code contains no provision on the subject. Subsection (3) increases the penalty if the human-victim participant in the bestiality or homosexuality acts without consent. To appreciate the meaning and scope of “without consent” see sections 94-2-101(68) and 94-5-506(3) [now MCA, 45-5-501 and 45-5-511(3)].
Title 7. Local Government. Chapter 23. Domestic Animal Control and Protection. Part 41. Municipal Control and Protection of Domestic Animals
The city or town council has power to prohibit and punish cruelty to animals.
Enacted Subd. 32, Revised Code of Montana 1921, § 5039. Amended by Laws 1925, ch. 115, § 1; amended by Laws 1927, ch. 20, § 1; reenacted Revised Code of Montana 1935, § 5039.31; Revised Code of Montana 1947, 11-934.