House Bill No. 411

Introduced By _______________________________________________________________________________



A Bill for an Act entitled: "An Act making it a crime to tattoo a minor without parental consent; and amending section

45-5-623, MCA."



Be it enacted by the Legislature of the State of Montana:



Section 1.  Section 45-5-623, MCA, is amended to read:

"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 he the person knowingly:

(a)  sells or gives explosives to a child under the age of majority except as authorized under appropriate city ordinances;

(b)  sells or gives intoxicating substances other than alcoholic beverages to a child under the age of majority;

(c)  sells or gives an alcoholic beverage to a person under 21 years of age; or

(d)  being a junk dealer, pawnbroker, or secondhand dealer, receives or purchases goods from a child under the age of majority without authorization of the parent or guardian; or

(e) tattoos a child under the age of majority without the explicit in-person consent of the child's parent or guardian. For purposes of this subsection, "tattoo" has the meaning provided in 50-2-116(2)(k)(vi). Failure to adequately verify the identity of a parent or guardian is not an excuse for violation of this subsection.

(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.)"

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