Current through the 2023 Regular Session
Section 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 the person knowingly: (a) sells or gives explosives to a child except as authorized under appropriate city ordinances;(b) sells or gives intoxicating substances other than alcoholic beverages to a child;(c) sells or gives an alcoholic beverage to a person under 21 years of age;(d) sells or gives to a child a tobacco product, alternative nicotine product, or vapor product, as defined in 16-11-302;(e) sells or gives to a child a synthetic marijuana product, as defined in 16-12-102;(f) being a junk dealer, pawnbroker, or secondhand dealer, receives or purchases goods from a child without authorization of the parent or guardian; or(g) tattoos or provides a body piercing on a child without the explicit in-person consent of the child's parent or guardian. For purposes of this subsection (1)(g), "tattoo" and "body piercing" have the meaning provided in 50-48-102. Failure to adequately verify the identity of a parent or guardian is not an excuse for violation of this subsection (1)(g).(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.)Amended by Laws 2023, Ch. 746,Sec. 9, eff. 5/22/2023.Amended by Laws 2021, Ch. 66,Sec. 1, eff. 3/24/2021.En. 94-5-609 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-5-609; amd. Sec. 2, Ref. 74, app. 11/7/1978; amd. Sec. 4, Ch. 217, L. 1987; amd. Sec. 4, Ch. 448, L. 1989; amd. Sec. 1, Ch. 155, L. 1997; amd. Sec. 2, Ch. 391, L. 2003; amd. Sec. 16, Ch. 386, L. 2005.