Montana Code 45-9-109. Criminal distribution of dangerous drugs on or near school property — penalty — affirmative defense
45-9-109. Criminal distribution of dangerous drugs on or near school property — penalty — affirmative defense. (1) A person commits the offense of criminal distribution of dangerous drugs on or near school property if the person violates 45-9-101 in, on, or within 1,000 feet of the real property comprising a public or private elementary or secondary school.
Terms Used In Montana Code 45-9-109
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Property: means real and personal property. See Montana Code 1-1-205
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
(2)Except as provided in 46-18-222, a person convicted of criminal distribution of dangerous drugs on or near school property:
(a)shall be imprisoned in the state prison for a term of not less than 3 years or more than life; and
(b)may be fined an amount of not more than $50,000.
(3)It is not a defense to prosecution under subsection (1) that the person did not know the distance involved.
(4)It is an affirmative defense to prosecution for a violation of this section that:
(a)the prohibited conduct took place entirely within a private residence; and
(b)no person 17 years of age or younger was present in the private residence at any time during the commission of the offense.