67th Legislature HB 105.1
1 HOUSE BILL NO. 105
2 INTRODUCED BY R. MARSHALL, M. HOPKINS
3
4 A BILL FOR AN ACT ENTITLED: “AN ACT REVISING THE CRIMINAL OFFENSE OF UNLAWFUL
5 TRANSACTIONS WITH CHILDREN; PROHIBITING GIVING OR SELLING TO CHILDREN TOBACCO
6 PRODUCTS, ALTERNATIVE NICOTINE PRODUCTS, OR VAPOR PRODUCTS; AMENDING SECTION 45-5-
7 623, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE AND AN APPLICABILITY DATE.”
8
9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
10
11 Section 1. Section 45-5-623, MCA, is amended to read:
12 "45-5-623. Unlawful transactions with children. (1) Except as provided for in 16-6-305, a person
13 commits the offense of unlawful transactions with children if the person knowingly:
14 (a) sells or gives explosives to a child under the age of majority except as authorized under
15 appropriate city ordinances;
16 (b) sells or gives intoxicating substances other than alcoholic beverages to a child under the age of
17 majority;
18 (c) sells or gives an alcoholic beverage to a person under 21 years of age;
19 (d) sells or gives to a child a tobacco product, alternative nicotine product, or vapor product, as
20 defined in 16-11-302;
21 (d)(e) being a junk dealer, pawnbroker, or secondhand dealer, receives or purchases goods from a
22 child under the age of majority without authorization of the parent or guardian; or
23 (e)(f) tattoos or provides a body piercing on a child under the age of majority without the explicit in-
24 person consent of the child's parent or guardian. For purposes of this subsection (1)(f), "tattoo" and "body
25 piercing" have the meaning provided in 50-48-102. Failure to adequately verify the identity of a parent or
26 guardian is not an excuse for violation of this subsection (1)(f).
27 (2) A person convicted of the offense of unlawful transactions with children shall be fined an amount
28 not to exceed $500 or be imprisoned in the county jail for any term not to exceed 6 months, or both. A person
-1- Authorized Print Version – HB 105
67th Legislature HB 105.1
1 convicted of a second offense of unlawful transactions with children shall be fined an amount not to exceed
2 $1,000 or be imprisoned in the county jail for any term not to exceed 6 months, or both. (See compiler's
3 comments for contingent termination of certain text.)"
4
5 NEW SECTION. Section 2. Effective date. [This act] is effective on passage and approval.
6
7 NEW SECTION. Section 3. Applicability. [This act] applies to offenses committed on or after [the
8 effective date of this act].
9 - END -
-2- Authorized Print Version – HB 105


Statutes affected:
HB0105_1.pdf: 45-5-623
HB0105_X.pdf: 45-5-623
Enrolled: 45-5-623
Introduced: 45-5-623