Montana § 45-5-628 Criminal Child Endangerment

Montana Statutes

§ 45-5-628 — Criminal Child Endangerment

Montana § 45-5-628

Title 45CRIMES

Ch. 5OFFENSES AGAINST THE PERSON

Part 6Offenses Against the Family

This text of Montana § 45-5-628 (Criminal Child Endangerment) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 45-5-628 (2026).

Text

45-5-628 . Criminal child endangerment.

(1)A person commits the offense of criminal child endangerment if the person purposely, knowingly, or negligently causes substantial risk of death or serious bodily injury to a child under 14 years of age by:

(a)failing to seek reasonable medical care for a child suffering from an apparent acute life-threatening condition;

(b)placing a child in the physical custody of another who the person knows has previously purposely or knowingly caused bodily injury to a child;

(c)placing a child in the physical custody of another who the person knows has previously committed an offense against the child under 45-5-502 or 45-5-503 ;

(d)manufacturing or distributing dangerous drugs in a place where a child is present;

(e)operating a motor vehicle under the

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45-5-628 . Criminal child endangerment. (1) A person commits the offense of criminal child endangerment if the person purposely, knowingly, or negligently causes substantial risk of death or serious bodily injury to a child under 14 years of age by:
(a) failing to seek reasonable medical care for a child suffering from an apparent acute life-threatening condition;
(b) placing a child in the physical custody of another who the person knows has previously purposely or knowingly caused bodily injury to a child;
(c) placing a child in the physical custody of another who the person knows has previously committed an offense against the child under 45-5-502 or 45-5-503 ;
(d) manufacturing or distributing dangerous drugs in a place where a child is present;
(e) operating a motor vehicle under the influence of alcohol or dangerous drugs in violation of 61-8-1002 or committing aggravated driving under the influence as defined in 61-8-1001 with a child in the vehicle; or
(f) failing to attempt to provide proper nutrition for a child, resulting in a medical diagnosis of nonorganic failure to thrive.
(2) A person may not be charged under subsection (1)(b) or (1)(c) if the person placed the child in the other person's custody pursuant to a court order.
(3) A person convicted of the offense of criminal child endangerment shall be fined an amount not to exceed $50,000 or be imprisoned in the state prison for a term not to exceed 10 years, or both.
(4) For purposes of this section, "nonorganic failure to thrive" means inadequate physical growth that is a result of insufficient nutrition and is not secondary to a diagnosed medical condition.