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STATE v. DUGAN

No. DA 11-0494.

303 P.3d 755 (2013)

2013 MT 38

369 Mont. 39

STATE of Montana, Plaintiff and Appellee, v. Randall Jay DUGAN, Defendant and Appellant.

Supreme Court of Montana.

Submitted November 20, 2012.

Decided February 19, 2013.

Rehearing Denied March 29, 2013.

Attorney(s) appearing for the Case

Wade Zolynski , Chief Appellate Defender, Kristen L. Larson (argued), Assistant Appellate Defender, Helena, Montana, for Appellant.

Timothy C. Fox , Montana Attorney General, Tammy A. Hinderman (argued), Assistant Attorney General, Helena, Montana, Marty Lambert , Gallatin County Attorney, Erin Murphy , Deputy County Attorney, Bozeman, Montana, for Appellee.

Justice PATRICIA O. COTTER delivered the Opinion of the Court.

¶ 1 Randall Jay Dugan appeals from an order of the Eighteenth Judicial District Court, Gallatin County, denying his motion to dismiss a charge of using obscene, lewd, and profane language in violation of the Privacy in Communications statute, § 45-8-213, MCA. Dugan challenges the constitutionality of the Privacy in Communications statute (the statute), arguing that it is overbroad, vague, and...

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