MontanaSB 26169th Legislature, Regular Session (2025)Senate

Generally revise endangering the welfare of children

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Bill Overview

Analyzed Economic Effects

6 provisions identified: 4 benefits, 1 costs, 1 mixed.

Ban drug labs where kids may be

It is a crime to make or try to make meth or other dangerous drugs in homes, vehicles, outdoor areas, hotel rooms, or multi‑unit buildings where a child may be present. It is also a crime to possess materials with intent to manufacture those drugs in those places. You also cannot knowingly cause a child to inhale, touch, or ingest meth or expose a child to meth paraphernalia. A narrow exception applies if a doctor or licensed medical provider directs the exposure.

Stronger penalties for child endangerment

A first conviction for endangering a child can bring a fine up to $500 and up to 6 months in county jail. A second conviction can bring a fine up to $1,000 and up to 6 months in jail. Certain child‑endangerment crimes are felonies with up to 5 years in state prison and a fine up to $10,000. If a child suffers serious bodily injury, penalties can reach up to 10 years and up to a $25,000 fine. Prosecutors may also bring other related charges from the same conduct.

Tighter rules on exposing kids to drugs

It is a crime to knowingly give intoxicants to a child. It is a crime to cause a child to inhale, be exposed to, or ingest marijuana or THC products, including edibles and drinks. Adults also cannot help a child enter an adult-use cannabis dispensary or take a child into places of prostitution, human trafficking, or illegal drug manufacture. Adults cannot encourage a child under 16 to leave home without consent or to engage in sexual conduct. Incidental secondhand marijuana smoke from lawful adult use is not a crime.

Age-appropriate independence for kids allowed

Parents do not violate their duty of care by letting a child under 18 do age‑appropriate independent activities. Examples include walking to and from school or nearby places and playing outside. A child may stay briefly in a vehicle for less than 15 minutes if temperatures are and will stay safe. A child may stay home if the parent returns the same day and sets up contact and emergency plans.

Courts can use more evidence, pay victims

Courts may consider evidence of cruel treatment, abuse, neglect, abandonment, or lack of medical care, clothing, or shelter when deciding a duty‑of‑care violation. Judges may order that fines or forfeited bonds from these cases be paid to, or for the benefit of, the harmed person or family.

Parents can get stop-contact orders

If your child is under 16, you can tell any adult 18 or older with no legal right to stop contacting the child. You may make the request verbally or in writing. You or the county attorney can ask a court for an order of protection. Knowingly breaking that order is a crime under this law.

Sponsors & Cosponsors

Sponsor

Greg Hertz
Republican • Senate

Cosponsors

Brandon Ler
Republican • House
Steven Kelly
Republican • House

Roll Call Votes

All Roll Calls

Yes: 251 • No: 47

Senate vote • 3/26/2025

Do Concur

Yes: 80 • No: 19

Senate vote • 3/25/2025

Do Concur

Yes: 80 • No: 19

Senate vote • 3/3/2025

Do Pass

Yes: 46 • No: 4

Senate vote • 3/1/2025