Megan’s Law for Montana

updated 6/27/2016

Contact Person: Jamie Lavinder – (406) 444-7068
Offenders Required to Register: Adult sex offenders, juvenile sex offenders court-ordered, juveniles convicted as an adult, 5/11/07 juveniles convicted of a qualifying sexual offense in MT. 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: Within 3 business days of conviction, release from prison or supervision, coming into a county; 3 business days of changing address.
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: 2,525 as of 05/03/2016
Percent Compliance: 3% Non-Compliant
Internet Access: http://doj.mt.gov/svor/
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