{"data":{"id":"us-mt/45-9-109","jurisdiction":"us-mt","citation":"45-9-109","heading":"Criminal distribution of dangerous drugs on or near school property -- penalty -- affirmative defense.","body":"(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.\n(2) Except as provided in 46-18-222, a person convicted of criminal distribution of dangerous drugs on or near school property:\n(a) shall be imprisoned in the state prison for a term of not less than 3 years or more than life; and\n(b) may be fined an amount of not more than $50,000.\n(3) It is not a defense to prosecution under subsection (1) that the person did not know the distance involved.\n(4) It is an affirmative defense to prosecution for a violation of this section that:\n(a) the prohibited conduct took place entirely within a private residence; and\n(b) no person 17 years of age or younger was present in the private residence at any time during the commission of the offense.","path":["TITLE 45. CRIMES","CHAPTER 9. DANGEROUS DRUGS","Part 1. Offenses Involving Dangerous Drugs"],"source_url":"https://mca.legmt.gov/bills/mca/title_0450/chapter_0090/part_0010/section_0090/0450-0090-0010-0090.html","current_through":"Montana Code Annotated 2025","vintage":"","retrieved_at":"2026-09-14T04:55:36Z","sha256":"b35e353b2f65b772b2f6c5c2c37d4975273bfe14d71db44cce73da8d55d93fa6","source_id":"us-mt","stale":false,"prev":"us-mt/45-9-108","next":"us-mt/45-9-110"},"notice":"GroundRules: Original legal text. Not legal advice."}