Montana Statutes
§ 45-8-207 — Notice Of Violation
Montana·Title 45 CRIMES·Ch. 8 OFFENSES AGAINST PUBLIC ORDER·Part 2 Offensive, Indecent, and Inhumane Conduct
45-8-207 . Notice of violation. Before a county attorney may prosecute a person for a continuing violation of 45-8-206 , the county attorney shall determine that the material or performance is obscene to minors, give the alleged violator actual notice of the determination and notice that the person will be prosecuted if the person does not desist, and determine that the violation continued for at least 3 days after notice was received. The person may seek a declaratory judgment on the question of whether the material or performance is obscene to minors. The statute of limitations for the offense is tolled while the declaratory judgment or an appeal from it is pending.
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Legislative History
En. Sec. 3, Ch. 571, L. 1989; amd. Sec. 1704, Ch. 56, L. 2009.
Nearby Sections
15
§ 45-8-101
Disorderly Conduct§ 45-8-103
Riot§ 45-8-104
Incitement To Riot§ 45-8-105
Criminal Incitement§ 45-8-106
Bringing Armed Individuals Into State§ 45-8-107
Purpose§ 45-8-108
Definitions§ 45-8-110
Obstructing Health Care Facility Access§ 45-8-111
Public Nuisance§ 45-8-112
Action To Abate Public Nuisance§ 45-8-113
Creating Hazard§ 45-8-114
Failure To Yield Party Line