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:
See compiler's comments for contingent termination of certain text.
(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.
| EnactedEn. 94-5-609 by SectionSec. 1, ChapterCh. 513, Laws ofL. 1973 |
| Revised Codes of MontanaR.C.M. 1947, 94-5-609 |
| AmendedAmd. SectionSec. 2, Ref. 74, app. Nov. 7, 1978 |
| AmendedAmd. SectionSec. 4, ChapterCh. 217, Laws ofL. 1987 |
| AmendedAmd. SectionSec. 4, ChapterCh. 448, Laws ofL. 1989 |
| AmendedAmd. SectionSec. 1, ChapterCh. 155, Laws ofL. 1997 |
| AmendedAmd. SectionSec. 2, ChapterCh. 391, Laws ofL. 2003 (HB 499 - Franklin, Eve (D) HD 42) |
| AmendedAmd. SectionSec. 16, ChapterCh. 386, Laws ofL. 2005 (SB 137 - Lewis, Dave (R) SD 42) |
| AmendedAmd. SectionSec. 1, ChapterCh. 66, Laws ofL. 2021 (HB 105 - Marshall, Ron (R) HD 87) |
| AmendedAmd. SectionSec. 9, ChapterCh. 746, Laws ofL. 2023 (HB 948 - Galloway, Steven (R) HD 24) |
| AmendedAmd. SectionSec. 8, ChapterCh. 100, Laws ofL. 2025 (HB 49 - Marshall, Ron (R) HD 87) |