updated 9/30/2024
Contact Person: | Jamie Lavinder – (406) 444-7068 |
---|---|
Offenders Required to Register: | Adult sex offenders, juvenile sex offenders court-ordered, juveniles convicted as an adult for the following offenses:Sexual Intercourse w/o Consent (45-5-303) Sex Abuse of Children (45-5-625) Incest (45-5-507)
Unlawful Restraint (45-5-301)
Aggravated Promotion of Prostitution (45-5-603(1)(b))
Kidnapping (45-5-302)
Aggravated Kidnapping (45-5-303)
Sexual Assault (45-5-502 (3))
Indecent Exposure (45-5-504 (1) or (2)(c))
Conviction on or after 5/11/07 Incest (45-5-507(5))
Prostitution (45-5-601 (3))
Promoting Prostitution (45-5-602)
Aggravated Promotion of Prostitution (45-5-603(2)(b))
Conviction on or after 7/1/13
Conviction on or after 10/1/2023
If S/O is required to register in original conviction state then they are required to register in MT (Even if they are relieved of registration from the conviction state) Statute of conviction must be reasonably equivalent to MT qualifying offenses Determination by our Legal advisor in AG’s office (In some instances, the conviction state does not require registration, but Montana does). MCA 46-23-502 (9)(b) any violation of a law of another state, a tribal government, or the federal government that is reasonably equivalent to a violation listed in subsection (9)(a) or for which the offender was required to register as a sex offender after an adjudication or conviction Montana also registers violent (non-sexual) offenders, which include offenders with convictions for offenses such as Strangulation of Partner or Family Member deliberate homicide, mitigated deliberate homicide, aggravated assault, partner/family member assault, assault on a peace officer, assault on a minor, assault with a weapon, kidnapping, aggravated kidnapping, robbery, arson, & operation of a clandestine laboratory . |
Information Collected: | Fingerprints, photograph, certain ID numbers, and type of offense, physical description, and date of birth, citizenship, phone number, current address, offense/conviction information, DNA, social media and email accounts. |
Administrating Agency: | State Department of Justice. |
Timeframe for Registration: | MCA 46-23-504 (1)(a-d)
(a) Sex or Violent offender shall register immediately upon conclusion of the sentencing hearing if the offender is not sentenced to confinement or is not sentenced to the department and placed in confinement by the department (b) Must be registered at least 10 days prior to release from confinement if sentenced to confinement or sentenced to the department and placed in confinement by the department (c) Shall register within 3 business days of entering a county of this state for the purpose of residing or setting up a temporary residence for 10 days or more or for an aggregate period exceeding 30 days in a calendar year. (d) Who is a transient shall register within 3 business days of entering a county of this state |
Applies to Out of State Offenders: | Yes |
Duration of Requirement: | Life for sex offenders, the requirements and responsibilities of registration for sexual or violent offenders are explained in Title 46 Chapter 23 Part 5 of the Montana Code Annotated. Who can petition (46-23-506)?
Tier Level 1 – after 10 years of registration Tier Level 2 – after 25 years of registration EXCEPT: If Convicted of Sexual Intercourse Without Consent where: The victim was compelled to submit by force against the victim or another, OR Victim was under 12 years of age at the time of the offense If Convicted of Incest and at the time of the offense the victim was less than 12 and the offender was 3 or more years older than the victim. If Convicted of a second sexual offense that requires registration If Convicted of a sexual offense and was designated a Sexually Violent Predator 10 years for violent offenders. |
Verification of Address: | 90 days for tier 3 sexual offenders, 180 days for tier 2 sexual offenders, annually for tier 1 or non-designated sexual offender and violent offenders. |
Penalties for Non-Compliance: | Possible 5 years prison term and/or up to $10,000 fine. |
Access to Information: | Section 46-23-508 of the Montana Code Annotated governs dissemination of information about sexual and violent offenders, including the release of information on juvenile sex offenders who are required to register. Dissemination pursuant to Section 46-23-508 is dependent on the type of offender and level of risk. Specifically, it authorizes criminal justice agencies to release the following information.
Violent Offender
Level I Sexual Offender/Adult Victim
Level I Sexual Offender/Minor Victim (victim under the age of 18) or Level II Sexual Offender
Level III Sexual Offender
|
Confidentiality Provision: | No |
Number Registered: | Total Active: 3,014 Total Inactive: 2,579. Total: 5,593 as of 9/30/2024. |
Percent Compliance: | 3% Non-Compliant |
Internet Access: | Sexual or Violent Offender Registry |