Quantcast

Explainer: Montana Sexual & Violent Offender Registry - KPAX.com | Continuous News | Missoula & Western Montana

Explainer: Montana Sexual & Violent Offender Registry

Posted: Updated:

Created by the Montana Department of Justice in 1989, the Sexual or Violent Offender Registry is a resource for Montanans to protect their families against sexual or violent offenders.

The following information is from the Montana Sexual & Violent Offender Registry website:

The Montana Department of Corrections or the sentencing court designates a tier level that assesses the risk each offender poses for committing similar offenses in the future:

  • Level 1 Sexual Offenders – the risk of a repeat sexual offense is low
  • Level 2 Sexual Offenders – the risk of a repeat sexual offense is moderate
  • Level 3 Sexual Offenders – the risk of a repeat sexual offense is high, there is a threat to public safety, and an evaluator believes the offender is a sexually violent predator

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
  • 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.

Although the Montana Department of Justice maintains the Registry, it has no legal authority to direct where a sexual or violent offender may or may not live. Unless court-ordered restrictions exist, these offenders are constitutionally free to live wherever they choose.

Limitations on place of residence - Montana’s registration statute does not restrict registered offenders from residing in certain areas. However, under MCA 46-18-255, a judge may impose restrictions on an offender’s place of residence if the offender was convicted of a sexual offense against a minor and designated a Level 3 offender. A judge also may impose restrictions on an offender’s place of residence as a condition of probation.

Click here to visit the SVOR website.

WEATHER
Powered by Frankly

© KPAX.com 2017, KPAX.com
A CORDILLERA COMMUNICATIONS Station
All rights reserved
Privacy Policy, | Terms of Service, and Ad Choices

Can't find something?