The city council hereby adopts the following provisions of Montana criminal law by reference:
A. General Preliminary Provisions: All general preliminary provisions of the Montana criminal code, contained in Montana Code Annotated chapter 1, title 45.
B. General Principles Of Liability: All general principles of liability contained in Montana Code Annotated chapter 2, title 45.
C. Justifiable Use Of Force: Provisions of justifiable use of force as contained in Montana Code Annotated chapter 3, title 45.
D. Inchoate Offenses: All enumeration of offenses, considered "inchoate offenses" as set forth in Montana Code Annotated chapter 4, title 45.
E. Offenses Against The Person: The following offenses named in Montana Code Annotated chapter 5, title 45:
1. "Misdemeanor assault" as defined in Montana Code Annotated section 45-5-201;
2. Negligent vehicular assault in violation of Montana Code Annotated section 45-5-205;
3. Partner of family member assault in violation of Montana Code Annotated section 45-5-206;
4. Negligent endangerment in violation of Montana Code Annotated section 45-5-208;
5. Assault upon a sports official in violation of Montana Code Annotated section 45-5-211;
6. Stalking in violation of Montana Code Annotated section 45-5-220;
7. Sexual assault in violation of Montana Code Annotated section 45-5-502;
8. Definition of "sexual assault" as set forth in Montana Code Annotated section 45-5-501, with the adoption of the provisions of Montana Code Annotated section 45-5-511;
9. Prostitution in violation of Montana Code Annotated section 45-5-601;
10. Promoting prostitution in violation of Montana Code Annotated section 45-5-602. The provisions of Montana Code Annotated section 45-5-604 will applicable to any offenses written under Montana Code Annotated section 45-5-601 or section 45-5-602;
11. Endangering welfare of children in violation of Montana Code Annotated section 45-5-622;
12. Unlawful transactions with children in violation of Montana Code Annotated section 45-5-623;
13. Unlawful attempt to purchase or possession of intoxicating substance in violation of Montana Code Annotated section 45-5-624;
14. Violation of order of protection in violation of Montana Code Annotated section 45-5-626;
15. Interference with parent/child contact in violation of Montana Code Annotated section 45-5-631; and
16. Tobacco possession or consumption by persons under eighteen (18) years of age in violation of Montana Code Annotated section 45-5-637.
F. Offenses Against Property: The following offenses named in Montana Code Annotated chapter 6, title 45:
1. Misdemeanor criminal mischief in violation of Montana Code Annotated section 45-6-101;
2. Negligent arson in violation of Montana Code Annotated section 45-6-102;
3. Definition of "enter or remain unlawfully" as defined in Montana Code Annotated section 45-6-201;
4. Criminal trespass to vehicles in violation of Montana Code Annotated section 45-6-202;
5. Criminal trespass to property in violation of Montana Code Annotated section 45-6-203;
6. Possession of burglary tools in violation of Montana Code Annotated section 45-6-205;
7. Theft in violation of Montana Code Annotated section 45-6-301;
8. Theft of lost or mislaid property in violation of Montana Code Annotated section 45-6-302;
9. Definition of "offender's interest in the property" as defined in Montana Code Annotated section 45-6-303;
10. Theft of labor or services or use of property in violation of Montana Code Annotated section 45-6-305;
11. Obtaining communication services with intent to defraud in violation of Montana Code Annotated section 45-6-306;
12. Aiding the avoidance of telecommunications charges in violation of Montana Code Annotated section 45-6-307;
13. Unauthorized use of motor vehicles in violation of Montana Code Annotated section 45-6-308;
14. Failure to return rented or leased personal property in violation of Montana Code Annotated section 45-6-309;
15. Definition of "computer use" as defined in Montana Code Annotated section 45-6-310;
16. Unlawful use of a computer in violation of Montana Code Annotated section 45-6-311;
17. Unauthorized acquisition or transfer of food stamps in violation of Montana Code Annotated section 45-6-312;
18. Theft by disposal of stolen property in violation of Montana Code Annotated section 45-6-314;
19. Defrauding creditors in violation of Montana Code Annotated section 45-6-315;
20. Issuing a bad check in violation of Montana Code Annotated section 45-6-316;
21. Deceptive practices in violation of Montana Code Annotated section 45-6-317;
22. Deceptive business practices in violation of Montana Code Annotated section 45-6-318;
23. Chain distributor schemes in violation of Montana Code Annotated section 45-6-319;
24. Forgery misdemeanor in violation of Montana Code Annotated section 45-6-325; and
25. Obscuring the identity of a machine in violation of Montana Code Annotated section 45-6-326.
G. Offenses Against Public Administration: The following offenses named in Montana Code Annotated chapter 7, title 45:
1. Gifts to public servants by persons subject to their jurisdiction in violation of Montana Code Annotated section 45-7-104;
2. False swearing in violation of Montana Code Annotated section 45-7-202;
3. Unsworn falsification to authorities in violation of Montana Code Annotated section 45-7-203;
4. False alarms to agencies of public safety in violation of Montana Code Annotated section 45-7-204;
5. False reports to law enforcement authorities in violation of Montana Code Annotated section 45-7-205;
6. False claim to public agencies in violation of Montana Code Annotated section 45-7-210;
7. Resisting arrest in violation of Montana Code Annotated section 45-7-301;
8. Obstructing a peace officer in violation of Montana Code Annotated section 45-7-302;
9. Misdemeanor obstruction of justice in violation of Montana Code Annotated section 45-7-303;
10. Failure to aid a peace officer in violation of Montana Code Annotated section 45-7-304;
11. Misdemeanor bail jumping in violation of Montana Code Annotated section 45-7-308;
12. Criminal contempt in violation of Montana Code Annotated section 45-7-309; and
13. Official misconduct in violation of Montana Code Annotated section 45-7-401.
H. Offenses Against Public Order: The following offenses named in Montana Code Annotated chapter 8, title 45:
1. Disorderly conduct in violation of Montana Code Annotated section 45-8-101 and section 45-8-102;
2. Public nuisance in violation of Montana Code Annotated section 45-8-111;
3. Action to adopt public nuisance in violation of Montana Code Annotated section 45-8-112;
4. Creating a hazard in violation of Montana Code Annotated section 45-8-113;
5. Obscenely in violation of Montana Code Annotated section 45-8-201;
6. Definition in Montana Code Annotated section 45-8-205;
7. Public display or dissemination of obscene material in violation of Montana Code Annotated section 45-8-206;
8. Notice provision of Montana Code Annotated section 45-8-207;
9. Criminal defamation in violation of Montana Code Annotated section 45-8-212;
10. "Privacy in communication" as defined in Montana Code Annotated section 45-8-213.
I. Dangerous Drugs: The following offenses named in Montana Code Annotated chapter 9, title 45:
1. Misdemeanor criminal possession of dangerous drugs in violation of Montana Code Annotated section 45-9-102.
J. Model Drug Paraphernalia Act: The following offenses named in Montana Code Annotated chapter 10, title 45:
1. Definition in Montana Code Annotated sections 45-10-101 and 45-10-102;
2. Criminal possession of drug paraphernalia in violation of Montana Code Annotated section 45-10-103;
3. Delivery of paraphernalia to a minor in violation of Montana Code Annotated section 45-10-105. (Ord. 99-07, 4-20-1999)