45-9-109. Criminal distribution of dangerous drugs on or near school property -- penalty -- affirmative defense. - Montana Statutes

     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.
     (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.

     History: En. Sec. 1, Ch. 519, L. 1991; amd. Sec. 13, Ch. 432, L. 1999.