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2021 Montana Code Annotated
Title 45. Crimes
Chapter 8. Offenses Against Public Order
Part 2. Offensive, Indecent, and Inhumane Conduct
45-8-207. Notice of violation
Universal Citation: MT Code § 45-8-207 (2021)
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.
History: En. Sec. 3, Ch. 571, L. 1989; amd. Sec. 1704, Ch. 56, L. 2009.
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