2023 Montana Code Annotated
Title 45. Crimes
Chapter 8. Offenses Against Public Order
Part 2. Offensive, Indecent, and Inhumane Conduct
45-8-206. Public display or dissemination of obscene material to minors
45-8-206. Public display or dissemination of obscene material to minors. (1) A person having custody, control, or supervision of a commercial establishment or newsstand may not knowingly or purposely:
(a) display obscene material to minors in such a way that minors, as a part of the invited public, will be able to view the material. However, a person is considered not to have displayed obscene material to minors if the material is kept behind devices commonly known as blinder racks so that the lower two-thirds of the material is not exposed to view or other reasonable efforts were made to prevent view of the material by a minor.
(b) sell, furnish, present, distribute, or otherwise disseminate to a minor or allow a minor to view, with or without consideration, any obscene material; or
(c) present to a minor or participate in presenting to a minor, with or without consideration, any performance that is obscene to minors.
(2) A person does not violate this section if:
(a) the person had reasonable cause to believe the minor was 18 years of age. "Reasonable cause" includes but is not limited to being shown a draft card, driver's license, marriage license, birth certificate, educational identification card, governmental identification card, tribal identification card, or other official or apparently official card or document purporting to establish that the person is 18 years of age; or
(b) the person is a retail sales clerk with no financial interest in the material or performance or in the establishment displaying or selling the material or performance.
(3) The offense of public display or dissemination of obscene material to minors under this section is separate from and may not be construed to negate or limit the provisions of 45-8-201 regarding the offense of obscenity.
(4) Cities, towns, counties, or school districts may adopt ordinances, resolutions, or policies that are more restrictive as to the display or dissemination of obscene material to minors than the provisions of this section.
History: En. Sec. 2, Ch. 571, L. 1989; amd. Sec. 6, Ch. 180, L. 2007; amd. Sec. 3, Ch. 449, L. 2023.
