The requirements and responsibilities of registration for both offenders and law enforcement agencies are defined in Title 46 Chapter 23 Part 5 of the Montana Code Annotated.
Individuals convicted of one or more of the following offenses are designated as sexual offenders and are required to register with Montana’s Sexual or Violent Offender Registration Unit.
- Aggravated Kidnapping, victim less than 18 years of age and offender not a parent of victim - MCA 45-5-303
- Aggravated Promotion of Prostitution of a child under 18 years of age - MCA 45-5-603(1)(b) or (2)(c)
- Incest, if the victim is under 18 years and offender is three or more years older than the victim, or if the victim is 12 years of age or younger and the offender is 18 years or older at the time of the offense - MCA 45-5-507
- Indecent Exposure
- victim under 18 years and offender 18 years or older - MCA 45-5-504(1)
- third or subsequent offense - MCA 45-5-504(2)(c)
- Kidnapping, victim less than 18 years and offender not a parent of victim - MCA 45-5-302
- Prostitution, solicitation of a child 12 years of age or younger by a client 18 years of age or older - MCA 45-5-601(3)
- Promotion of Prostitution of a child 12 years of age or younger by a client 18 years of age or older - SB 547 and MCA 45-5-602(3)
- Sexual Abuse of Children - MCA 45-5-625
- Sexual Assault - MCA 45-5-502(3)
- Sexual Intercourse without Consent - MCA 45-5-503
- Unlawful Restraint, victim less than 18 years and offender not a parent of victim - MCA 45-5-301
Reasonably equivalent offenses of another state, a tribal government or the federal government and offenses that require registration as a sexual offender in the jurisdiction of conviction also qualify.
In 1995, the Montana Legislature required certain violent offenders to register in Montana in addition to sexual offenders. Montana is one of the few states that register violent offenders.
- Aggravated Assault - MCA 45-5-202
- Aggravated Kidnapping, victim not a minor - MCA 45-5-303
- Arson - MCA 45-6-103
- Assault on Minor - MCA 45-5-212
- Assault on Peace Officer or Judicial Officer - MCA 45-5-210(1)(b), (1)(c) or (1)(d)
- Assault with Weapon - MCA 45-5-213
- Deliberate Homicide - MCA 45-5-102
- Kidnapping, victim not a minor - MCA 45-5-302
- Mitigated Deliberate Homicide - MCA 45-5-103
- Operation of Unlawful Clandestine Laboratory - MCA 45-9-132
- Partner or Family Member Assault, third or subsequent conviction - MCA 45-5-206
- Robbery - MCA 45-5-401
Reasonably equivalent offenses of another state, a tribal government or the federal government also qualify.
Sexual and Violent Offenders
Offenders who have been convicted of both a qualifying sexual offense and a qualifying violent offense are listed on the Registry as sexual and violent offenders.
In addition to sexual offenders and violent offenders, the Registry also refers to:
- Sexually Violent Predators - offenders who have been convicted of a sexual offense and who suffer from a condition that makes them likely to engage in predatory sexual offenses, or offenders 18 years of age or older who have committed an offense against a victim 12 years of age or younger - MCA 46-23-502(8).
- Transients - offenders who cannot provide a permanent address - MCA 46-23-502(12).
- Non-Compliant Registrants - offenders who have failed to keep their registration current as required by Montana law. Information on these registrants is provided as allowed under MCA 44-5-103(13)(f).
- Non-Compliant/Address Verification Overdue - Offenders who have failed to return the Address Verification Letter within 10 days of receipt - MCA 46-23-504(6)(c).
Local law enforcement and the Sexual or Violent Offender Registration Unit make a constant effort to locate non-compliant registrants. Please contact your local law enforcement agency with any information you may have on such an offender’s whereabouts.