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Reform Sex Offender Laws

03 – Qualifying Offenses

Offender Types – qualifying sexual offenses and definitions of additional designations for sexually violent predators and non-compliant registrants. 

Sexual Offenses:

Individual 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 Unity.

  • Aggravated Kidnapping – victim less than 18 years of age and offender not a parent of the 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 victim, or if the victim is 12 years of age or younger and the offender is 18 years of age or older at the time of the offense — MCA 45-5-507
  • Indecent Exposure –if the victim is under 18 years and offender is 18 years or older — MCA 45-5-504(1); or if third or subsequent offense — MCA 45-5-504(2)
  • Kidnapping – if victim is less that 18 years of age and offender is not a parent of the 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)
  • Sexual Abuse of Children — MCA 45-5-602(3)
  • Sexual assault – MCA 45-5-502(3)
  • Sexual Intercourse without consent – MCA 45-5-503
  • Unlawful Restraint – victim less than 18 years of age and offender is 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.

ADDITIONAL DESIGNATIONS:

  • Sexual AND Violent Offender – Offender who has been convicted of both a qualifying sexual offense and a qualifying violent offense are listed on the Registry as Sexual and Violent Offenders.
  • 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 offenders is provided as allowed by MCA 44-5-103(13)(f)
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