Montana § 45-5-623 Unlawful Transactions With Children

Montana Statutes

§ 45-5-623 — Unlawful Transactions With Children

Montana·Title 45 CRIMES·Ch. 5 OFFENSES AGAINST THE PERSON·Part 6 Offenses Against the Family

45-5-623 . Unlawful transactions with children.

(1)Except as provided for in 16-6-305 , a person commits the offense of unlawful transactions with children if the person knowingly:

(a)sells or gives explosives to a child except as authorized under appropriate city ordinances;

(b)sells or gives intoxicating substances other than alcoholic beverages to a child;

(c)sells or gives an alcoholic beverage to a person under 21 years of age;

(d)sells or gives to a child a tobacco product, alternative nicotine product, or vapor product, as defined in 16-11-302 ;

(e)sells or gives to a child a synthetic cannabinoid product, as defined in 16-12-102 ;

(f)being a junk dealer, pawnbroker, or secondhand dealer, receives or purchases goods from a child without authorization of the parent or guardian

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45-5-623 . Unlawful transactions with children. (1) Except as provided for in 16-6-305 , a person commits the offense of unlawful transactions with children if the person knowingly:
(a) sells or gives explosives to a child except as authorized under appropriate city ordinances;
(b) sells or gives intoxicating substances other than alcoholic beverages to a child;
(c) sells or gives an alcoholic beverage to a person under 21 years of age;
(d) sells or gives to a child a tobacco product, alternative nicotine product, or vapor product, as defined in 16-11-302 ;
(e) sells or gives to a child a synthetic cannabinoid product, as defined in 16-12-102 ;
(f) being a junk dealer, pawnbroker, or secondhand dealer, receives or purchases goods from a child without authorization of the parent or guardian; or
(g) tattoos or provides a body piercing on a child without the explicit in-person consent of the child's parent or guardian. For purposes of this subsection (1)(g), "tattoo" and "body piercing" have the meaning provided in 50-48-102 . Failure to adequately verify the identity of a parent or guardian is not an excuse for violation of this subsection (1)(g).
(2) A person convicted of the offense of unlawful transactions with children shall be fined an amount not to exceed $500 or be imprisoned in the county jail for any term not to exceed 6 months, or both. A person convicted of a second offense of unlawful transactions with children shall be fined an amount not to exceed $1,000 or be imprisoned in the county jail for any term not to exceed 6 months, or both. (See compiler's comments for contingent termination of certain text.)

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Legislative History

En. 94-5-609 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-5-609 ; amd. Sec. 2, Ref. 74, app. Nov. 7, 1978; amd. Sec. 4, Ch. 217, L. 1987; amd. Sec. 4, Ch. 448, L. 1989; amd. Sec. 1, Ch. 155, L. 1997; amd. Sec. 2, Ch. 391, L. 2003; amd. Sec. 16, Ch. 386, L. 2005; amd. Sec. 1, Ch. 66, L. 2021; amd. Sec. 9, Ch. 746, L. 2023; amd. Sec. 8, Ch. 100, L. 2025.