Senate Bill No. 278

Introduced By _______________________________________________________________________________

A Bill for an Act entitled: "An Act making it a criminal offense for a person to allow a minor to loiter in the area of a live card game table or gambling device; and amending section

23-5-158, MCA."

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

Section 1.  Section 23-5-158, MCA, is amended to read:

"23-5-158.   Minors not to participate -- penalty -- exception. (1) Except as provided in subsection (3), a person may not purposely or knowingly allow a person under 18 years of age to participate in a gambling activity or to loiter in the area of a live card game table or gambling device. A person who violates this subsection is guilty of a misdemeanor and must shall be punished in accordance with 23-5-161.

(2)  Except as provided in subsection (3), a person under 18 years of age may not purposely or knowingly participate in a gambling activity. A person who violates this subsection is subject to a civil penalty not to exceed $50 if the proceedings for violating this subsection are held in justice's, municipal, or city court. If the proceedings are held in youth court, the offender must be treated as an alleged youth in need of supervision, as defined in 41-5-103. The youth court may enter its judgment under 41-5-523.

(3)  A person under 18 years of age may sell or buy tickets for or receive prizes from a raffle conducted in compliance with 23-5-413 if proceeds from the raffle, minus administrative expenses and prizes paid, are used to support charitable activities, scholarships or educational grants, or community service projects.

(4) Amusement games regulated by Title 23, chapter 6, part 1, may not be placed in the immediate vicinity of a live card game table or gambling device."

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