Montana: Desecration of flags is a crime that occurs when someone intentionally and publicly "mutilates, defiles, or casts contempt upon the flag," puts "any work, mark, design, or advertisement not properly a part of such flag or exposes to public view a flag so altered," puts the flag on "an article of merchandise or a wrapper or receptacle for merchandise," or uses a flag to advertise things.
A "flag" is "anything which is or purports to be the official flag of the United States, the United States shield, the United States coat of arms, the Montana state flag, or a copy, picture, or representation of any of them."
Penalty: Imprisonment for no more than 10 years and a fine of no more $50,000.
Source: 45-8-215
Analysis:
Montana's law on flag desecration is pretty standard: you can't cast contempt on the flag, you can't put any marks or advertising on the flag, you can't put the flag on merchandise, and you can't use the flag for advertising. This covers not just actual flags, but also pictures and "representations" of the flag (drawings, paintings, etc.). The only unusual thing here is the extent of the penalties: with fines up to $50,000 and prison time of up to 10 years, Montana punishes flag desecration much more harshly than any other state.
More:
- Overview of State Laws on Flag Abuse, Burning, Desecration
- Index of State Laws on Flag Abuse, Burning, Desecration
