GREAT FALLS — Created by the Montana Department of Justice in 1989, the Sexual or Violent Offender Registry is an resource for Montanans to protect their families against sexual or violent offenders.
The SVOR can be accessed and searched on the MT DOJ website by clicking here.
People can use the registry by searching a county, city, or ZIP code, or by searching for a specific person's name. Users can also specify whether they are searching for violent offender, a sexual offender, or both. The site cautions that anyone who uses information on the site to commit a criminal act or harass an offender may be subject to criminal prosecution.
In addition to the searchable database, the site also provides information and resources for protecting yourself and your loved ones.
The following information is from the Montana Sexual & Violent Offender Registry website:
Anyone who is convicted of one or more of the following offenses are designated as sexual offenders and required to register with Montana’s SVOR 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
The site notes that although the MT DOJ maintains the registry, it does not have legal authority to direct where a sexual or violent offender may or may not live. Unless court-ordered restrictions exist, those offenders are constitutionally free to live wherever they choose. 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.
The 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
Here is information about registration requirements:
Pursuant to MCA 46-23-504, all offenders are required to verify registration information with the registering agency and have a new photograph taken. The registering agency is responsible for forwarding this information to the Department of Justice Sexual or Violent Offender Registry.
– Violent Offenders: If confined, required to register for 10 years from their date of sentence or release from confinement. After 10 years, they are eligible to petition the court to be relieved of the duty to register. Must register every 12 months.
– Level I and Non-designated Sexual Offenders: Required to register for life but may petition the court to be relieved of the duty to register after 10 years. Must register in person every 12 months.
– Level II Sexual Offenders: Required to register for life but may petition the court to be relieved of the duty to register after 25 years. Must register In person every 6 months.
– Level III Sexual Offenders: Required to register for life but may petition the court to be relieved of the duty to register after 25 years. Must register In person every 90 days.
