MT HB191

Committing assault, aggravated assault, strangulation, or partner/family member assault in the presence of a child under 18 years old constitutes the separate offense of endangering the welfare of children

"In the presence of a child" includes physical presence or knowledge that the child may see or hear the assault

Only the predominant aggressor may be charged under this provision, and each child present may form the basis for additional separate charges

Penalty for conviction is a misdemeanor with a fine of $100 to $1,000 and mandatory jail time of 72 hours to 1 year

Applies to offenses committed on or after the effective date of the act