Mont. Code Ann. » TITLE 45. CRIMES · CHAPTER 5. OFFENSES AGAINST THE PERSON · Part 6. Offenses Against the Family
Montana Code Annotated

Mont. Code Ann. § 45-5-623 (2026)

Unlawful Transactions With Children

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 45
  3. CHAPTER 5
  4. Part 6
  5. 45-5-623 Unlawful transactions with children

TITLE 45. CRIMES

CHAPTER 5. OFFENSES AGAINST THE PERSON

Part 6. Offenses Against the Family

Unlawful Transactions With Children

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 cannabinoid 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.)

History: En. 94-5-609 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-5-609; amd. Sec. 2, Ref. 74, app. Nov. 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; amd. Sec. 1, Ch. 66, L. 2021; amd. Sec. 9, Ch. 746, L. 2023; amd. Sec. 8, Ch. 100, L. 2025.

Notes of Decisions
Cited in 11 cases (1 in the last 5 years), 1997–2023 · leading case: State v. Ariegwe, 2007 MT 204 (Mont. 2007).
Sort: Relevance Newest Treatment
State v. Ariegwe, 2007 MT 204 (Mont. 2007). · cites it 4× “¶ 12 On February 7, 2003, the State filed an information charging Ariegwe with Count I, sexual intercourse without consent, a felony, in violation of § 45-5-503, MCA (2001), and Count II, unlawful transactions with children, a misdemeanor, in violation of § 45-5-623(1)(c), MCA…”
State v. Richeson, 2004 MT 113 (Mont. 2004). · cites it 8× “¶ 1 Levi Brandon Richeson (Richeson) was convicted by a jury of four counts of sexual intercourse without consent, § 45-5-503(3)(a), MCA (1999), and of three counts of unlawful transactions with minors, § 45-5-623(1)(b), MCA (1999), in the Eighth Judicial District Court, Cascade…”
State v. Valdez-Mendoza, 2011 MT 214 (Mont. 2011). · cites it 4× “BACKGROUND ¶ 3 On March 26, 2009, Valdez-Mendoza was charged with one count of sexual intercourse without consent, § 45-5-503, MCA, and one count of unlawful transactions with children, § 45-5-623, MCA. On, April 9, 2009, Attorney Kris Copenhaver replaced Valdez-Mendoza's…”
State v. Bauer, 2002 MT 7 (Mont. 2002). · cites it 2× “The information was later amended to include the offenses of January 21, 2000, consisting of a second count of incest and one count of unlawful transactions with children under § 45-5-623, MCA. ¶14 At the conclusion of a three-day trial, the jury convicted Chester Bauer of one…”
Ariegwe v. State of Montana, 2012 MT 166 (Mont. 2012). · cites it 2× “¶6 Ariegwe was charged with sexual intercourse without consent, a felony in violation of § 45-5-503, MCA (2001), attempted sexual intercourse without consent, a felony in violation of §45-4-103 and 45-5-503, MCA (2001), and unlawful transactions with children, a misdemeanor in…”
State v. Kenfield, 2009 MT 242 (Mont. 2009). · cites it 4× “These facts, when combined with the additional evidence Deputy Cameron possessed prior to the entry, including that Kenfield was headed to Inverness to purchase alcohol for an underage minor, were sufficient for the officer to form a reasonable belief that Kenfield had committed…”
State v. D. Sage, 2023 MT 75N (Mont. 2023). · cites it 4× “ion of § 45-5-504, MCA; Count III: Assault with a Weapon, in violation of § 45-5-213, MCA; Count IV: Sexual Intercourse without Consent, in violation of § 45-5-503, MCA; Count V: Sexual Intercourse without Consent, in violation of § 45-5-503, MCA; Alternate Count V: Sexual…”
State v. Martin, 2007 MT 200N (Mont. 2007). · cites it 2× “3 ¶5 Each of the Appellants was cited for violating § 45-5-623(c), MCA, a misdemeanor, and given notice to appear in Justice Court.”
State v. Cope, 2007 MT 200N (Mont. 2007). · cites it 2× “3 ¶5 Each of the Appellants was cited for violating § 45-5-623(c), MCA, a misdemeanor, and given notice to appear in Justice Court.”
State v. Casey, 2007 MT 200N (Mont. 2007). · cites it 2× “3 ¶5 Each of the Appellants was cited for violating § 45-5-623(c), MCA, a misdemeanor, and given notice to appear in Justice Court.”
State v. Cantrell, 286 Mont. 40 (Mont. 1997). · cites it 2× “; Unlawful Transactions With Children, a Misdemeanor, in violation of Section 45-5-623(l)(c)M.C.A.; and Unlawful Possession of Intoxicating Substance, a Misdemeanor, in violation of Section 45-5-624, M.”
— Mont. Code Ann. § 45-5-623(1)(b) — 1 case
State v. Richeson, 2004 MT 113 (Mont. 2004). “¶ 1 Levi Brandon Richeson (Richeson) was convicted by a jury of four counts of sexual intercourse without consent, § 45-5-503(3)(a), MCA (1999), and of three counts of unlawful transactions with minors, § 45-5-623(1)(b), MCA (1999), in the Eighth Judicial District Court, Cascade…”
— Mont. Code Ann. § 45-5-623(1)(c) — 1 case
State v. Ariegwe, 2007 MT 204 (Mont. 2007). “¶ 12 On February 7, 2003, the State filed an information charging Ariegwe with Count I, sexual intercourse without consent, a felony, in violation of § 45-5-503, MCA (2001), and Count II, unlawful transactions with children, a misdemeanor, in violation of § 45-5-623(1)(c), MCA…”
— Mont. Code Ann. § 45-5-623(b) — 1 case
State v. Kenfield, 2009 MT 242 (Mont. 2009). “These facts, when combined with the additional evidence Deputy Cameron possessed prior to the entry, including that Kenfield was headed to Inverness to purchase alcohol for an underage minor, were sufficient for the officer to form a reasonable belief that Kenfield had committed…”
— Mont. Code Ann. § 45-5-623(c) — 4 cases
State v. Kenfield, 2009 MT 242 (Mont. 2009). “These facts, when combined with the additional evidence Deputy Cameron possessed prior to the entry, including that Kenfield was headed to Inverness to purchase alcohol for an underage minor, were sufficient for the officer to form a reasonable belief that Kenfield had committed…”
State v. Martin, 2007 MT 200N (Mont. 2007). “3 ¶5 Each of the Appellants was cited for violating § 45-5-623(c), MCA, a misdemeanor, and given notice to appear in Justice Court.”
State v. Cope, 2007 MT 200N (Mont. 2007). “3 ¶5 Each of the Appellants was cited for violating § 45-5-623(c), MCA, a misdemeanor, and given notice to appear in Justice Court.”
State v. Casey, 2007 MT 200N (Mont. 2007). “3 ¶5 Each of the Appellants was cited for violating § 45-5-623(c), MCA, a misdemeanor, and given notice to appear in Justice Court.”
— Mont. Code Ann. § 45-5-623(l)(b) — 1 case
State v. Richeson, 2004 MT 113 (Mont. 2004). “¶ 1 Levi Brandon Richeson (Richeson) was convicted by a jury of four counts of sexual intercourse without consent, § 45-5-503(3)(a), MCA (1999), and of three counts of unlawful transactions with minors, § 45-5-623(1)(b), MCA (1999), in the Eighth Judicial District Court, Cascade…”
— Mont. Code Ann. § 45-5-623(l)(c) — 3 cases
State v. Ariegwe, 2007 MT 204 (Mont. 2007). “¶ 12 On February 7, 2003, the State filed an information charging Ariegwe with Count I, sexual intercourse without consent, a felony, in violation of § 45-5-503, MCA (2001), and Count II, unlawful transactions with children, a misdemeanor, in violation of § 45-5-623(1)(c), MCA…”
Ariegwe v. State of Montana, 2012 MT 166 (Mont. 2012). “¶6 Ariegwe was charged with sexual intercourse without consent, a felony in violation of § 45-5-503, MCA (2001), attempted sexual intercourse without consent, a felony in violation of §45-4-103 and 45-5-503, MCA (2001), and unlawful transactions with children, a misdemeanor in…”
State v. Cantrell, 286 Mont. 40 (Mont. 1997). “; Unlawful Transactions With Children, a Misdemeanor, in violation of Section 45-5-623(l)(c)M.C.A.; and Unlawful Possession of Intoxicating Substance, a Misdemeanor, in violation of Section 45-5-624, M.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.