1-1-204. Terms denoting state of mind. Unless the context requires otherwise, the following definitions apply in the Montana Code Annotated:
(1) "Corruptly" means a wrongful design to acquire or cause some pecuniary or other advantage to the person guilty of the act or omission referred to or to some other person.
(2) "Knowingly" means only a knowledge that the facts exist which bring the act or omission within the provisions of this code. It does not require any knowledge of the unlawfulness of the act or omission.
(3) "Malice" and "maliciously" mean a wish to vex, annoy, or injure another person or an intent to do a wrongful act, established either by proof or presumption of law.
(4) "Neglect", "negligence", "negligent", and "negligently" mean a want of the attention to the nature or probable consequences of the act or omission that a prudent person would ordinarily give in acting in the person's own concerns.
(5) "Willfully", when applied to the intent with which an act is done or omitted, means a purpose or willingness to commit the act or make the omission referred to. It does not require any intent to violate the law, to injure another, or to acquire any advantage.
History: En. Sec. 16, Pol. C. 1895; re-en. Sec. 16, Rev. C. 1907; amd. Sec. 4, Ch. 4, L. 1921; re-en. Sec. 16, R.C.M. 1921; Cal. Pol. C. Sec. 17; re-en. Sec. 16, R.C.M. 1935; amd. Sec. 1, Ch. 25, L. 1947; amd. Sec. 11-114, Ch. 264, L. 1963; amd. Sec. 3, Ch. 309, L. 1977; R.C.M. 1947, 19-103(part), (19) thru (23); amd. Sec. 5, Ch. 61, L. 2007.
Structure Montana Code Annotated
Title 1. General Laws and Definitions
Part 2. General Definitions of Terms Used in Code
1-1-201. Terms of wide applicability
1-1-202. Terms relating to procedure and the judiciary
1-1-203. Terms relating to instruments and other writings
1-1-204. Terms denoting state of mind
1-1-205. Terms relating to property and decedents' estates
1-1-206. Terms relating to obligations and transactions
1-1-208. Terms relating to legislature
1-1-209. through 1-1-213 reserved
1-1-215. Residence -- rules for determining
1-1-216. Legal holidays and business days
1-1-217. Notice -- actual and constructive
1-1-218. Words giving joint authority
1-1-219. Relationship by affinity
1-1-220. through 1-1-223 reserved
1-1-224. Observance of right to keep and bear arms
1-1-225. Arbor Day as official day of observance
1-1-226. Official observance of Montana's hunting heritage
1-1-228. American Indian heritage day
1-1-229. State teen driver safety day
1-1-230. Welcome home Vietnam veterans day