Montana § 45-5-623 - Unlawful Transactions With Children

§ 45-5-623. Unlawful Transactions With Children

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.)