Sean Boushie has violated at least 284 counts of six Montana criminal laws. I have been documenting them here on this website. I have much more to post, but I needed to stop somewhere and submit this to all the law enforcement authorities.
Here are each of the criminal statutes that I have identified. After each statute is a link to a website that I set up to chronicle his stalking and threats. When you click on that link, it takes you to all the evidence of that crime. There are many counts, so you have to page down to see each one.
Thus far, I have identified and documented 284 counts of violations of six (6) Missouri criminal statutes:
67 counts of violation of the Privacy in Communications law identified on the website.
109 counts of violation of the Stalking law identified on the website.
53 counts of violation of Identity Theft identified on the website.
22 counts of violation of the Criminal Defamation law identified on the website.
15 counts of violation of the Criminal Invasion of Privacy law identified on the website.
18 counts of violation of the Assault law identified on the website.
Mont. Code Ann. § 45-8-213. Privacy in communications. (2007)
(1) Except as provided in 69-6-104, a person commits the offense of violating privacy in communications if the person knowingly or purposely:
(a) with the purpose to terrify, intimidate, threaten, harass, annoy, or offend, communicates with a person by electronic communication and uses obscene, lewd, or profane language, suggests a lewd or lascivious act, or threatens to inflict injury or physical harm to the person or property of the person. The use of obscene, lewd, or profane language or the making of a threat or lewd or lascivious suggestions is prima facie evidence of an intent to terrify, intimidate, threaten, harass, annoy, or offend.
(b) uses an electronic communication to attempt to extort money or any other thing of value from a person or to disturb by repeated communications the peace, quiet, or right of privacy of a person at the place where thecommunications are received;
(c) records or causes to be recorded a conversation by use of a hidden electronic or mechanical device that reproduces a human conversation without the knowledge of all parties to the conversation. This subsection (1)(c) does not apply to:
(i) elected or appointed public officials or to public employees when the transcription or recording is done in the performance of official duty;
(ii) persons speaking at public meetings;
(iii) persons given warning of the transcription or recording, and if one person provides the warning, either party may record; or
(iv) a health care facility, as defined in 50-5-101, or a government agency that deals with health care if the recording is of a health care emergency telephone communication made to the facility or agency.
(2) Except as provided in 69-6-104, a person commits the offense of violating privacy in communications if the person purposely intercepts an electronic communication.This subsection does not apply to elected or appointed public officials or to public employees when the interception is done in the performance of official duty or to persons given warning of the interception.
(3)
(a) A person convicted of the offense of violating privacy in communications shall be fined an amount not to exceed $ 500 or be imprisoned in the county jail for a term not to exceed 6 months, or both.
(b) On a second conviction of subsection (1)(a) or (1)(b), a person shall be imprisoned in the county jail for a term not to exceed 1 year or be fined an amount not to exceed $ 1,000, or both.
(c) On a third or subsequent conviction of subsection (1)(a) or (1)(b), a person shall be imprisoned in the state prison for a term not to exceed 5 years or be fined an amount not to exceed $ 10,000, or both.
(4) ”Electronic communication” means any transfer between persons of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic, or photo-optical system.
List of Sean Boushie Violations of Privacy in Communications law.
As of July 21, 2013, there are 67 counts of violation of the Privacy in Communications law identified on the website.
Mont. Code Ann. § 45-5-220. Stalking — exemption — penalty.
(1) A person commits the offense of stalking if the person purposely or knowingly causes another person substantial emotional distress or reasonable apprehension of bodily injury or death by repeatedly:
(a) following the stalked person; or
(b) harassing, threatening, or intimidating the stalked person, in person or by phone, by mail, or by other action, device, or method.
(2) This section does not apply to a constitutionally protected activity.
(3) For the first offense, a person convicted of stalking shall be imprisoned in the county jail for a term not to exceed 1 year or fined an amount not to exceed $1,000, or both. For a second or subsequent offense or for a first offense against a victim who was under the protection of a restraining order directed at the offender, the offender shall be imprisoned in the state prison for a term not to exceed 5 years or fined an amount not to exceed $10,000, or both. A person convicted of stalking may be sentenced to pay all medical, counseling, and other costs incurred by or on behalf of the victim as a result of the offense.
(4) Upon presentation of credible evidence of violation of this section, an order may be granted, as set forth in Title 40, chapter 15, restraining a person from engaging in the activity described in subsection (1).
(5) For the purpose of determining the number of convictions under this section, “conviction” means:
(a) a conviction, as defined in 45-2-101 , in this state;
(b) a conviction for a violation of a statute similar to this section in another state; or
(c) a forfeiture of bail or collateral deposited to secure the defendant’s appearance in court in this state or another state for a violation of a statute similar to this section, which forfeiture has not been vacated.
(6) Attempts by the accused person to contact or follow the stalked person after the accused person has been given actual notice that the stalked person does not want to be contacted or followed constitutes prima facie evidence that the accused person purposely or knowingly followed, harassed, threatened, or intimidated the stalked person.
The University of Montana warns its students about stalking and about cyberstalking. Looks like they forgot to warn the employees of the University, which includes Sean Boushie.
List of Sean Boushie Violations of Stalking law.
As of July 21, 2013, there are 109 counts of violation of the Stalking law identified on the website.
Mont. Code Ann. §45-6-332. Identity Theft
(1) A person commits the offense of theft of identity if the person purposely or knowingly obtains personal identifying information of another person and uses that information for any unlawful purpose, including to obtain or attempt to obtain credit, goods, services, financial information, or medical information in the name of the other person without the consent of the other person.
(2) (a) A person convicted of the offense of theft of identity if no economic benefit was gained or was attempted to be gained or if an economic benefit of less than $1,000 was gained or attempted to be gained shall be fined an amount not to exceed $1,000, imprisoned in the county jail for a term not to exceed 6 months, or both.
(b) A person convicted of the offense of theft of identity if an economic benefit of $1,000 or more was gained or attempted to be gained shall be fined an amount not to exceed $10,000, imprisoned in a state prison for a term not to exceed 10 years, or both.
(3) As used in this section, “personal identifying information” includes but is not limited to the name, date of birth, address, telephone number, driver’s license number, social security number or other federal government identification number, tribal identification card number, place of employment, employee identification number, mother’s maiden name, financial institution account number, credit card number, or similar identifying information relating to a person.
(4) If restitution is ordered, the court may include, as part of its determination of an amount owed, payment for any costs incurred by the victim, including attorney fees and any costs incurred in clearing the credit history or credit rating of the victim or in connection with any civil or administrative proceeding to satisfy any debt, lien, or other obligation of the victim arising as a result of the actions of the defendant.
List of Sean Boushie Violations of Identity Theft.
As of July 21, 2013, there are 53 counts of violation of Identity Theft identified on the website.
MONT CODE ANN § 45-8-21. Criminal Defamation.
(1) Defamatory matter is anything that exposes a person or a group, class, or association to hatred, contempt, ridicule, degradation, or disgrace in society or injury to the person’s or its business or occupation.
(2) Whoever, with knowledge of its defamatory character, orally, in writing, or by any other means, including by electronic communication, as defined in 45-8-213, communicates any defamatory matter to a third person without the consent of the person defamed commits the offense of criminal defamation and may be sentenced to imprisonment for not more than 6 months in the county jail or a fine of not more than $500, or both.
(3) Violation of subsection (2) is justified if:
(a) the defamatory matter is true;
(b) the communication is absolutely privileged;
(c) the communication consists of fair comment made in good faith with respect to persons participating in matters of public concern;
(d) the communication consists of a fair and true report or a fair summary of any judicial, legislative, or other public or official proceedings; or
(e) the communication is between persons each having an interest or duty with respect to the subject matter of the communication and is made with the purpose to further the interest or duty.
(4) A person may not be convicted on the basis of an oral communication of defamatory matter except upon the testimony of at least two other persons that they heard and understood the oral statement as defamatory or upon a plea of guilty or nolo contendere.
List of Sean Boushie violations of Criminal Defamation law
As of July 21, 2013, there are 22 counts of violation of the Criminal Defamation law identified on the website.
Mont. Code Ann. § 45-8-220. Criminal Invasion of Privacy.
(1) Except as provided in subsection (2), a person commits the offense of invasion of personal privacy if the person knowingly or purposely obtains or attempts to obtain personal or confidential information about an individual while posing as the individual. A person convicted under this section shall be incarcerated for a term not to exceed 1 year or fined an amount not to exceed $10,000, or both.
(2) Subsection (1) does not apply to a person who poses as another individual with the express consent of that other individual.
List of Sean Boushie violations of Criminal Invasion of Privacy law
As of July 21, 2013, there are 15 counts of violation of the Criminal Invasion of Privacy law identified on the website.
MONT CODE ANN § 45-5-201. Assault:
(1) A person commits the offense of assault if the person:
(a) purposely or knowingly causes bodily injury to another;
(b) negligently causes bodily injury to another with a weapon;
(c) purposely or knowingly makes physical contact of an insulting or provoking nature with any individual; or
(d) purposely or knowingly causes reasonable apprehension of bodily injury in another.
(2) A person convicted of assault shall be fined not to exceed $500 or be imprisoned in the county jail for any term not to exceed 6 months, or both.
List of Sean Boushie Violations of the Crime of Assault
As of July 21, 2013, there are 18 counts of violation of the Assault law identified on the website.
