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:

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Terms Used In Montana Code 45-5-623

  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Knowingly: means only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See Montana Code 1-1-204
  • Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201

(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 marijuana 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.)