Table of Contents TITLE 45. CRIMES CHAPTER 9. DANGEROUS DRUGS Part 1. Offenses Involving Dangerous Drugs
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31 45-9-101 98 45-9-102 30 45-9-103 2 45-9-104 45-9-105 1 45-9-106 1 45-9-107 45-9-108 45-9-109 3 45-9-110 45-9-111 45-9-112 1 45-9-113 45-9-114 45-9-115 45-9-116 45-9-121 45-9-125 45-9-127 7 45-9-130 45-9-131 6 45-9-132

Mont. Code Ann. § 45-9-109

(2001)

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.

Official Annotations archive.org, 2001 edition
History:
En. Sec. 1, Ch. 519, L. 1991
Amd. Sec. 13, Ch. 432, L. 1999 (HB 203 - Shockley, Jim (R) HD 61)
Source text on leg.mt.gov