Senate Bill No. 369

Introduced By swysgood

A Bill for an Act entitled: An Act revising the law relating to endangering the welfare of children; prohibiting a person from contacting a child less than 16 years of age for certain purposes; and amending section

45-5-622, MCA.

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

Section 1.  Section 45-5-622, MCA, is amended to read:

"45-5-622.  Endangering the welfare of children. (1) A parent, guardian, or other person supervising the welfare of a child less than 18 years old commits the offense of endangering the welfare of children if he the parent, guardian, or other person knowingly endangers the child's welfare by violating a duty of care, protection, or support.

(2)  Except as provided in 16-6-305, a parent or guardian or any person who is 18 years of age or older, whether or not he the parent, guardian, or other person is supervising the welfare of the child, commits the offense of endangering the welfare of children if he the parent, guardian, or other person knowingly contributes to the delinquency of a child less than:

(a)  18 years old by:

(i)  supplying or encouraging the use of an intoxicating substance by the child; or

(ii) assisting, promoting, or encouraging the child to enter a place of prostitution; or

(b)  16 years old by assisting, promoting, or encouraging the child to:

(i)  abandon his the child's place of residence without the consent of his the child's parents or guardian; or

(ii) engage in sexual conduct.

(3) A parent, guardian, or other person supervising the welfare of a child less than 16 years of age may verbally or in writing request a person who is 18 years of age or older and who has no legal right of supervision or control over the child to stop contacting the child if the requestor believes that the contact is not in the child's best interests. If the person continues to contact the child, the parent, guardian, or other person supervising the welfare of the child may petition or the county attorney may upon the person's request petition for an order of protection under Title 40, chapter 15. To the extent that they are consistent with this subsection, the provisions of Title 40, chapter 15, apply. A person who purposely or knowingly violates an order of protection commits the offense of endangering the welfare of children and upon conviction shall be sentenced as provided in subsection (4).

(3)(4)  A person convicted of endangering the welfare of 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 endangering the welfare of 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.

(4)(5)  On the issue of whether there has been a violation of the duty of care, protection, and support, the following, in addition to all other admissible evidence, is admissible: cruel treatment; abuse; infliction of unnecessary and cruel punishment; abandonment; neglect; lack of proper medical care, clothing, shelter, and food; and evidence of past bodily injury.

(5)(6)  The court may order, in its discretion, any fine levied or any bond forfeited upon a charge of endangering the welfare of children paid to or for the benefit of the person or persons whose welfare the defendant has endangered."

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