Megan’s Law for Montana

updated 11/8/2017

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)

  • Victim <18 offender 3 or more years older than victim

Unlawful Restraint (45-5-301)

  • Victim <18 and offender is not parent of victim

Aggravated Promotion of Prostitution (45-5-603(1)(b))

  • Victim <18

Kidnapping (45-5-302)

  • Victim is <18 and offender is not parent of victim

Aggravated Kidnapping (45-5-303)

  • Victim is <18 and offender is not parent of victim

Sexual Assault (45-5-502 (3))

  • Victim <16 offender 3 or more years older than victim

Indecent Exposure (45-5-504 (1) or (2)(c))

  • (1) 1st conviction if Victim <18 and offender >18
  • (2)(c) 3rd or subsequent conviction

Conviction on or after 5/11/07

Incest (45-5-507(5))

  • Victim <12 offender is 18 or older at time of offense

Prostitution (45-5-601 (3))

  • Victim <12 and offender 18 or older at time of offense

Promoting Prostitution (45-5-602)

  • Victim <12 and offender 18 or older at time of offense

Aggravated Promotion of Prostitution (45-5-603(2)(b))

  • Victim <18 and offender 18 or older at time of offense

Conviction on or after 7/1/13

  • Sexual Servitude of Child (45-5-310)
  • Patronizing of Child (45-5-311)

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)
OR
Out of State/Federal/Tribal Offenses

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 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)?

No Tier Designation – after 10 years of registration

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

  • name
  • address
  • offense
  • photograph
  • physical description
  • date of birth

Level I Sexual Offender/Adult Victim

  • name
  • address
  • offense
  • photograph
  • physical description
  • date of birth

Level I Sexual Offender/Minor Victim (victim under the age of 18)

or Level II Sexual Offender

  • name
  • address
  • offense
  • photograph
  • physical description
  • date of birth
  • type of victim targeted
  • license plate number
  • vehicle information
  • conditions of sentence imposed for public safety

Level III Sexual Offender

  • name
  • address
  • offense
  • photograph
  • physical description
  • date of birth
  • type of victim targeted
  • license plate number
  • vehicle information
  • conditions of sentence imposed for public safety
  • date of release
  • date of sentence
  • community where offense occurred
Confidentiality Provision: No
Number Registered: Total Active: 2,667.  Total Inactive: 1,989.  Total: 4,656 as of 11/7/17
Percent Compliance: 4% Non-Compliant
Internet Access: https://app.doj.mt.gov/apps/svow/default.aspx
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