Montana § 45-9-109 Criminal Distribution Of Dangerous Drugs On Or Near School Property -- Penalty -- Affirmative Defense

Montana Statutes

§ 45-9-109 — Criminal Distribution Of Dangerous Drugs On Or Near School Property -- Penalty -- Affirmative Defense

Montana·Title 45 CRIMES·Ch. 9 DANGEROUS DRUGS·Part 1 Offenses Involving Dangerous Drugs

45-9-109 . Criminal distribution of dangerous drugs on or near school property -- penalty -- affirmative defense.

(1)A person commits the offense of criminal distribution of dangerous drugs on or near school property if the person violates 45-9-101 in, on, or within 1,000 feet of the real property comprising a public or private elementary or secondary school.

(2)Except as provided in 46-18-222 , a person convicted of criminal distribution of dangerous drugs on or near school property:

(a)shall be imprisoned in the state prison for a term of not less than 3 years or more than life; and

(b)may be fined an amount of not more than $50,000.

(3)It is not a defense to prosecution under subsection (1) that the person did not know the distance involved.

(4)It is an affirmative defense to pros

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45-9-109 . Criminal distribution of dangerous drugs on or near school property -- penalty -- affirmative defense. (1) A person commits the offense of criminal distribution of dangerous drugs on or near school property if the person violates 45-9-101 in, on, or within 1,000 feet of the real property comprising a public or private elementary or secondary school.
(2) Except as provided in 46-18-222 , a person convicted of criminal distribution of dangerous drugs on or near school property:
(a) shall be imprisoned in the state prison for a term of not less than 3 years or more than life; and
(b) may be fined an amount of not more than $50,000.
(3) It is not a defense to prosecution under subsection (1) that the person did not know the distance involved.
(4) It is an affirmative defense to prosecution for a violation of this section that:
(a) the prohibited conduct took place entirely within a private residence; and
(b) no person 17 years of age or younger was present in the private residence at any time during the commission of the offense.

Montana § 45-9-109 (Criminal Distribution Of Dangerous Drugs On Or Near School Property -- Penalty -- Affirmative Defense) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.