House Bill No. 411
Introduced By ahner, bergman, grimes, bitney, jore, brainard, boharski
A Bill for an Act entitled: An Act making it a crime to tattoo a minor without parental consent; amending section
45-5-623, MCA; and providing an immediate effective date.
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;
(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.)"
Section 2. Effective date. [This act] is effective on passage and approval.