Montana Sex Offenses and Why They Are Different

The state of Montana has strict laws against sex crimes enacted by the judicial system of Montana. Crimes of a sexual nature pose a hindrance to the peace, order, and morals of the public. Persons found guilty of a sexual allegation may face severe penalties such as huge fines and imprisonment. Depending on the severity of the offense, sex offenders may face long-term civil rights losses such as suspension of work license and residential restrictions if the offenders register in the Montana sex offender registry.

What is a Montana Sex Crime?

The Montana penal code describes sex crimes as unlawful sexual acts done to any individual or child below the legal age of 18. Under the Montana Code Annotated 45–5–502, any intentional act of a sexual motive that leads to the other party’s subjection to sexual contact without consent or with another person who is incapable of consent is a sexual assault. Not all sex crimes deal with minors or involve violence. Other sex crimes include child pornography possession, indecent exposure, and incest.

What are the Different Types of Sex Offenses?

In the state of Montana, it is illegal to participate in sexual activities with another person without seeking consent. A sex crime violation may result in a felony conviction and possibly a life sentence if the assault amounts to serious injury. The Montana sex laws list the following as sex offenses in the state:

Sexual Assault: A person who intentionally makes sexual contact without consent is guilty of sexual assault. The punishments depend on the number of prior convictions:

• The first conviction for sexual assault would see the offender fined a maximum of $1,000, plus imprisonment for a maximum of six months, or both.
• The second conviction attracts a maximum of $1,000, one-year imprisonment, or both.
• On the third conviction for sexual assault, the sex abuser may be fined a maximum of $10,000, be imprisoned for five years, or both.

If the victim is below the age of 16 years, and the offender is three or more years older, the offender shall face penalties of life imprisonment or imprisonment in the state prison for at least four years. Additionally, the offender may be required to pay a fine of $50,000.

Rape (Sexual Intercourse Without Consent): In Montana, any individual who indulges in sexual intercourse with a child below the age of 16 commits the crime of sexual intercourse without consent. A person found guilty of this offense may be imprisoned for life in the state prison for two years to a hundred years and may also be fined a maximum of $50,000. Suppose the victim is under 16 years old and the offender is four or more years older than the victim, or the sex criminal causes bodily injury to anyone. In that case, the individual might face the penalty of life imprisonment. The party may also face fines of a maximum of $50,000. In situations where the offender has previous convictions under the laws of another state or the United States, the offender may be:

• Punished by death, except if the offender had not turned 18 years old at the time of commission.
• Punished by a life sentence without the opportunity of parole

If the victim was 12 years old or younger and the offender was 18 years old or older at the time of commission, the violator may be: 

• Fined to the tune of $50,000 and mandated to enroll in and complete the educational, cognitive, and behavioral phase of a sex offender treatment program provided by the Department of Corrections.
• Punished by imprisonment in a state facility for 100 years.

Sexual Abuse of Children: A person may only be charged with sexual abuse of children in Montana if the individual:

• Intentionally uses or permits the use of a child to exhibit sexual conduct.
• Photographs, films, produces, advertises, or sells materials portraying a child indulging in sexual activities.
• By any form of communication, persuades, entices, coerces, or procures a child under 16 years old to engage in sexual conduct.
• Travels within or to Montana to meet a child under the age of 16 to indulge in sexual activities.
• Persuades or solicits a child under 16 years to travel within, from, or to Montana to engage in sexual conduct, whether actual or simulated.

A person guilty of sexual abuse of children will likely face life imprisonment or incarceration in the state prison for a maximum of 100 years and be asked to pay a fine of $10,000. Furthermore, if the victim is under the age of 16, the penalty includes life incarceration or imprisonment for a minimum of four years and a maximum of 100 years and a fine of $10,000. However, if the victim was 12 years of age or younger, and the offender is 18 years and above, the offender:

• May be punished by imprisonment in the state’s holding facility for 100 years, and the offender is not eligible for parole.
• May be fined to the tune of $50,000.
• May take part in the educational, cognitive, and behavioral phase of a sexual offender treatment program as approved by the Department of Corrections.

Indecent Exposure: Indecent exposure in Montana means purposely exposing genitals or intimate parts of the body physically or electronically. The offender is likely to harass and degrade another person. Also, arouse or gratify the sexual responses of others. Punishment for indecent exposure includes a fine of $500 or six months of jail time or both. For a second conviction, the charge is $1,000 and a one-year jail term. On a third conviction, the sex abuser may pay a maximum of $10,000, be imprisoned in a state facility for ten years, or both.

Prostitution: Prostitution is against the regulations of Montana. If a person engages in, agrees, or offers to indulge in sexual intercourse with another person for compensation, the individual may be charged. Offenders may be fined $500 or incarcerated in a county jail for a period of six months, or both. If the prostitute is 18 years of age or older, the patron offender:

• May face imprisonment in a state facility for 100 years, as the offender is not eligible for parole.
• Can be fined a maximum of $50,000 and be mandated to attend sexual offender treatment.

Promoting Prostitution: Persons guilty of promoting prostitution commit any of the following:

• Lives in on the earnings of prostitutes;
• Leases or permits a property to be regularly used for prostitution and fails to expel such tenants;
• Moves an individual into or within the state of Montana to promote prostitution;
• Procures a prostitute for patronage;
• Solicits a prostitute for another individual;
• Encourage or cause another to become a prostitute.
• Manages a house or a business involving the patronage of prostitutes.

Persons found guilty of promoting prostitution may get a maximum fine of $50,000, or 10 years imprisonment, or both. If the person indulging in prostitution was a child and the patron was 18 years and above, whether the patron knows the age of the child or not, the offender:

• May be fined up to $50,000.
• May face jail time for 100 years
• May be mandated to complete the educational, cognitive, and behavioral phase of a sexual offender treatment program, following recommendations by the Department of Corrections.

Sex Offender Levels of Classification in Montana

According to the Montana Legislative Services Division, Office of Research and Policy Analysis, 14 sexual offenses require registration in the Montana Sexual and Violent Offender Registry, and laws classify offenders into three tiers:

• Tier 1 offenders (low-risk offenders)
• Tier 2 offenders (moderate-risk offenders)
• Tier 3 offenders (high-risk offenders)

The grouping depends on the circumstances surrounding the offense. Also, the duration of registration depends on the class of the offender, as:

• Tier 1 offenders register for ten years.
• Tier 2 offenders register for 25 years.
• Tier 3 offenders are registered for a lifetime.

Persons convicted of sex offenses in other states but who wish to attend school, work, or relocate to Montana are required to register within three days of entering. It is pertinent for sex offenders in Montana to register with the state’s justice department within ten days of release from a correctional facility.

How Do I Find A Sex Offender Near Me in Montana?

The Montana constitution classifies sex offenders based on the risk of reoffense rather than the kind of crime committed. Information on sex offenders may be acquired online, by email, or by phone to the relevant county Sheriff’s Office in Montana. For state sex offender inquiries, persons may reach out to the Department of Justice Sexual or Violent Offender Registry in person, by email, or by phone. However, not all violators of Montana’s sex laws are mandated to proceed to sex offender registration.

Montana Sex Offender Registry

Montana’s sex offender registry is maintained by the Montana Sexual or Violent Offender Registration Unit based on Montana’s Sexual or Violent Offender Registry Act (SVORA). The registry curtails the repeats of sexual crimes and provides information to the public about sex offenders in the state. Information provided by the Montana Sexual or Violent Offender Registration Unit is subject to frequent revision to include accurate details of violent offenders and other high-risk offenders. Details about tier 1 offenders are not visible to the public because of the low risk of repeating the sexual offense.  Tier 2 and Tier 3 are for high-risk offenders based on the potential for a repeat sexual offense.

Montana’s portal for sex offender registration contains details of the sex abuser, including a recent photograph, offense type, and address. Physical data on the sex registration webpage also includes hair color, eye color, height, weight, scars, marks, and tattoos.

Interested members of the public may choose a basic offender search or a neighborhood search. Both offer the option of selecting the degree of a sex offense and adding other details such as the offender’s last name, county, city, and postal code.

For suggestions and further assistance, contact the Sexual or Violent Offender Registration Unit Division of Criminal Investigation via the address below:

Sexual or Violent Offender Registration Unit
Division of Criminal Investigation
P. O. Box 201417
Helena, MT 59620–1417
Sexual Offender Information Phone: (406) 444–7068
Violent Offender Information Phone: (406) 444–9877
Fax: (406) 444–2759

Records that are considered public may also be accessible from some third-party websites. These websites streamline the inquiry process since they aggregate records from various geographic locations and allow users to perform multi-record searches. To search using a third-party site, interested parties are typically expected to provide:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the document or person involved

These sites operate independently of government sources and are not sponsored by government agencies. Thus, the accuracy and validity of these records may not be guaranteed. 

What are the Sex Offender Restrictions in Montana?

Part of the collateral damage attached to sex offense convictions is restriction laws that limit sex offenders from fully integrating with society without monitoring. Failure to comply with Montana’s sex offender restrictions may lead to prosecution for a felony. The limits for sex offenders include the following:

• Any high-risk sex offender in the state of Montana may not reside in any area within 300 feet of a school, or other facilities that primarily serve children in terms of business, education, and entertainment. An offender is considered high-risk unless such establishments have been in existence before May 5, 2015, according to Montana Code MCA 45–5–513.
• Any high-risk sex offender may not establish a residence in a zone inhabited by minors or live with a minor, except that the offender is the parent, grandparent, or stepparent of the juvenile.

It is worth noting that these restrictions do not typically apply to sex offenders who are no longer under the Department of Corrections. They may also not apply if the high-risk sex offender has an approved safety plan from a certified sexual offender evaluator to minimize the risk of reoffending and safeguard the general public.