Mont. Code Ann. » TITLE 46. CRIMINAL PROCEDURE · CHAPTER 23. PROBATION, PAROLE, AND CLEMENCY · Part 5. Registration of Sexual and Violent Offenders
Montana Code Annotated

Mont. Code Ann. § 46-23-502 (2026)

Definitions

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 46
  3. CHAPTER 23
  4. Part 5
  5. 46-23-502 Definitions

TITLE 46. CRIMINAL PROCEDURE

CHAPTER 23. PROBATION, PAROLE, AND CLEMENCY

Part 5. Registration of Sexual and Violent Offenders

Definitions

46-23-502. Definitions. As used in Title 45, chapter 5, part 3 and parts 5 through 7, 46-18-255, and this part, the following definitions apply:

(1) "Department" means the department of corrections provided for in 2-15-2301.

(2) "Foreign offenses" means a conviction for a sexual offense involving any of the conduct listed in this section that was obtained under the laws of Canada, the United Kingdom, Australia, or New Zealand, or under the laws of any foreign country when the United States department of state, in its country reports on human rights practices, has concluded that an independent judiciary generally or vigorously enforced the right to a fair trial in that country during the year in which the conviction was obtained.

(3) "Mental abnormality" means a congenital or acquired condition that affects the mental, emotional, or volitional capacity of a person in a manner that predisposes the person to the commission of one or more sexual offenses to a degree that makes the person a menace to the health and safety of other persons.

(4) "Municipality" means an entity that has incorporated as a city or town.

(5) "Personality disorder" means a personality disorder as defined in the fourth edition of the Diagnostic and Statistical Manual of Mental Disorders adopted by the American psychiatric association.

(6) "Predatory sexual offense" means a sexual offense committed against a stranger or against a person with whom a relationship has been established or furthered for the primary purpose of victimization.

(7) "Registration agency" means:

(a) if the offender resides in a municipality, the police department of that municipality; or

(b) if the offender resides in a place other than a municipality, the sheriff's office of the county in which the offender resides.

(8) (a) "Residence" means the location at which a person regularly resides, regardless of the number of days or nights spent at that location, that can be located by a street address, including a house, apartment building, motel, hotel, or recreational or other vehicle.

(b) The term does not mean a homeless shelter.

(9) "Sexual offender evaluator" means a person qualified under rules established by the department to conduct psychosexual evaluations of sexual offenders and sexually violent predators.

(10) (a) "Sexual offense" means any violation, attempt, solicitation, or conspiracy to commit a violation, or flight after the attempt or commission of the following:

(i) 45-5-301, unlawful restraint, if the victim is less than 18 years of age and the offender is not a parent of the victim;

(ii) 45-5-302, kidnapping, if the victim is less than 18 years of age and the offender is not a parent of the victim;

(iii) 45-5-303, aggravated kidnapping, if the victim is less than 18 years of age and the offender is not a parent of the victim;

(iv) 45-5-502(2)(b), (2)(c), (3), and (4), sexual assault;

(v) 45-5-503, sexual intercourse without consent;

(vi) 45-5-504(2)(c), (3), and (4), indecent exposure;

(vii) 45-5-507, incest, if the victim is less than 18 years of age and the offender is 3 or more years older than the 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;

(viii) 45-5-508, aggravated sexual intercourse without consent;

(ix) 45-5-601(2)(b) and (3), prostitution;

(x) 45-5-622(2)(b)(ii), endangering the welfare of children;

(xi) 45-5-625, sexual abuse of children;

(xii) 45-5-627(1)(a), ritual abuse of a minor;

(xiii) 45-5-705, patronizing a victim of sex trafficking;

(xiv) 45-5-706, aggravated sex trafficking;

(xv) 45-5-711, child sex trafficking;

(xvi) 45-5-802(1), sexual abuse of a vulnerable adult;

(xvii) 45-8-218, deviate sexual conduct;

(xviii) 45-5-629, grooming of a child for a sexual offense; or

(xvix) any violation of a law of another state, a tribal government, the federal government, or the military or a foreign entity that is reasonably equivalent to a violation listed in subsections (10)(a)(i) through (10(a)(xviii) or for which the offender was required to register as a sexual offender after an adjudication or conviction.

(b) The term does not include the exceptions provided for in 45-5-501, 45-5-502, and 45-5-503.

(11) "Sexual or violent offender" means a person who has been convicted of or, in youth court, found to have committed or been adjudicated for a sexual or violent offense.

(12) "Sexually violent predator" means a person who:

(a) has been convicted of or, in youth court, found to have committed or been adjudicated for a sexual offense and who suffers from a mental abnormality or a personality disorder that makes the person likely to engage in predatory sexual offenses; or

(b) has been convicted of a sexual offense against a victim 12 years of age or younger and the offender is 18 years of age or older.

(13) "Transient" means an offender who has no residence.

(14) "Violent offense" means:

(a) any violation of or attempt, solicitation, or conspiracy to commit a violation of:

(i) 45-5-102, deliberate homicide;

(ii) 45-5-103, mitigated deliberate homicide;

(iii) 45-5-202, aggravated assault;

(iv) 45-5-206 (third or subsequent offense), partner or family member assault;

(v) 45-5-210(1)(b), (1)(c), or (1)(d), assault on a peace officer or judicial officer;

(vi) 45-5-212, assault on a minor;

(vii) 45-5-213, assault with a weapon;

(viii) 45-5-215, strangulation of a partner or family member;

(ix) 45-5-302 (if the victim is not a minor), kidnapping;

(x) 45-5-303 (if the victim is not a minor), aggravated kidnapping;

(xi) 45-5-802(1), abuse or sexual abuse of a vulnerable adult;

(xii) 45-5-401, robbery;

(xiii) 45-6-103, arson; or

(xiv) 45-9-132, operation of unlawful clandestine laboratory; or

(b) any violation of a law of another state, a tribal government, the federal government, or the military or a foreign entity reasonably equivalent to a violation listed in subsection (14)(a).

History: En. Sec. 2, Ch. 293, L. 1989; amd. Sec. 1, Ch. 262, L. 1991; amd. Sec. 5, Ch. 407, L. 1995; amd. Sec. 231, Ch. 546, L. 1995; amd. Secs. 7, 12, Ch. 550, L. 1995; amd. Sec. 5, Ch. 375, L. 1997; amd. Sec. 1, Ch. 227, L. 1999; amd. Sec. 19, Ch. 432, L. 1999; amd. Sec. 4, Ch. 22, Sp. L. August 2002; amd. Sec. 2, Ch. 146, L. 2003; amd. Sec. 1, Ch. 313, L. 2005; amd. Sec. 19, Ch. 483, L. 2007; amd. Sec. 15, Ch. 374, L. 2013; amd. Sec. 3, Ch. 110, L. 2015; amd. Sec. 2, Ch. 144, L. 2015; amd. Sec. 1, Ch. 182, L. 2015; amd. Sec. 25, Ch. 285, L. 2015; amd. Sec. 3, Ch. 277, L. 2017; amd. Sec. 6, Ch. 279, L. 2017; amd. Sec. 14, Ch. 394, L. 2017; amd. Sec. 14, Ch. 308, L. 2019; amd. Sec. 7, Ch. 643, L. 2023, Sec. 8, Ch. 643, L. 2023, Sec. 9, Ch. 643, L. 2023; amd. Sec. 7, Ch. 102, L. 2025; amd. Sec. 10, Ch. 484, L. 2025; amd. Sec. 2, Ch. 602, L. 2025; amd. Sec. 2, Ch. 657, L. 2025.

Notes of Decisions
Cited in 76 cases (18 in the last 5 years), 1996–2026 · leading case: United States v. Juv. Male, 2011 MT 104, 255 P.3d 110.
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United States v. Juv. Male, 2011 MT 104, 255 P.3d 110. · cites it 64× “We address the Supreme Court’s question as posed: Is respondent’s duty to remain registered as a sex offender under Montana law contingent upon the validity of the conditions of his now-expired federal juvenile-supervision order that required him to register as a sex offender,…”
State v. Hamilton, 2007 MT 167, 164 P.3d 884. · cites it 32× “The sexual offender must register for the commission of a sexual offense, which is defined in § 46-23-502(6), MCA, as: (a) any violation of or attempt, solicitation, or conspiracy to commit a violation of 45-5-301 (if the victim is less than 18 years of age and the offender is…”
State v. Holt, 2011 MT 42, 249 P.3d 470. · cites it 18× “Since the burglary conviction under consideration was not a "sexual offense" as defined in § 46-23-502, MCA, the District Court should not have attached a sexual offender level designation to Holt as part of the sentence for burglary.”
State v. Hastings, 2007 MT 294, 171 P.3d 726. · cites it 20× “" That statute was amended by the 2007 Montana Legislature and now defines a "sexual or violent offender," under § 46-23-502(10), MCA, as "a person who has been convicted of or, in youth court, found to have committed or been adjudicated for a sexual or violent offense.”
City of Bozeman v. Cantu, 2013 MT 40, 296 P.3d 461. · cites it 8× “¶14 Cantu contends that the psychosexual evaluation required by § 46-18-lll(l)(b), MCA, is a legislative creation intended to assist the court in sentencing felony offenders or, in the case of misdemeanors, only those misdemeanor offenders who were charged with a sexual or…”
State v. DaSilva, 2011 MT 183, 258 P.3d 419. · cites it 19× “In turn, § 46-23-502(10), MCA, defines a “sexual or violent offender” as “a person who has been convicted of or, in youth court, found to have committed or been adjudicated for a sexual or violent offense.”
State v. Villanueva, 2005 MT 192, 118 P.3d 179. · cites it 9× “ISSUE ¶2 Did the District Court err in denying Villanueva’s Motion to Dismiss on the following grounds: 1) Villaneuva is not a “sexual offender” as defined by §46-23-502(7), MCA, and 2) the Information and Affidavit in Support failed to establish sufficient probable cause to…”
State v. Barnaby, 2006 MT 203, 142 P.3d 809. · cites it 6× “Section 46-23-502(9)(a), MCA. That act's inclusion of operation of a clandestine laboratory as one of the specifically enumerated "violent offenses" does not affect the classification of Barnaby as a "nonviolent felony offender.”
State v. Bahr, 2009 MT 378, 224 P.3d 610. · cites it 11× “Section 46-23-502, MCA, contains only definitions of terms and was not an essential part of the charge.”
State v. R. Collins, 2023 MT 78, 528 P.3d 1106. · cites it 7× “Whether the District Court illegally imposed sex offender registration on non-sexual offenses without Collins’s consent in violation of § 46-23-512, MCA? ¶28 Collins asserts that the District Court illegally imposed sex offender registration as a condition of his sentence.”
State v. Azure, 2008 MT 211, 186 P.3d 1269. · cites it 6× “Among other things, the Legislature clarified that the agency to which notification of a change in residence must be given is the sheriff's office or the police department of the county or municipality in which the offender resides.”
State v. Miller, 1998 MT 177, 966 P.2d 721. · cites it 6× “Section 46-23-502(7), MCA. Mitigated deliberate homicide is a violent offense.”
Show all 76 citing cases →
Mont. Code Ann. § 46-23-502(10): 14 cases
United States v. Juv. Male, 2011 MT 104, 255 P.3d 110. “We address the Supreme Court’s question as posed: Is respondent’s duty to remain registered as a sex offender under Montana law contingent upon the validity of the conditions of his now-expired federal juvenile-supervision order that required him to register as a sex offender,…”
State v. Hastings, 2007 MT 294, 171 P.3d 726. “" That statute was amended by the 2007 Montana Legislature and now defines a "sexual or violent offender," under § 46-23-502(10), MCA, as "a person who has been convicted of or, in youth court, found to have committed or been adjudicated for a sexual or violent offense.”
United States v. Waybright, 561 F. Supp. 2d 1154 (D. Mont. 2008).
State v. Bahr, 2009 MT 378, 224 P.3d 610. “Section 46-23-502, MCA, contains only definitions of terms and was not an essential part of the charge.”
State v. Brooks, 2012 MT 263, 289 P.3d 105.
Mont. Code Ann. § 46-23-502(11): 1 case
State v. R. Soria, 2022 MT 117N, 510 P.3d 1252.
Mont. Code Ann. § 46-23-502(12): 1 case
State v. DaSilva, 2011 MT 183, 258 P.3d 419. “In turn, § 46-23-502(10), MCA, defines a “sexual or violent offender” as “a person who has been convicted of or, in youth court, found to have committed or been adjudicated for a sexual or violent offense.”
Mont. Code Ann. § 46-23-502(13): 5 cases
State v. Thomas Perkins, 2009 MT 150, 208 P.3d 386.
State v. A. Scott, 2020 MT 178, 467 P.3d 595.
State v. Maples, 2010 MT 190N.
Cyril K. Richard v. State, 2012 MT 248N.
T. Koop v. State, 2021 MT 102N.
Mont. Code Ann. § 46-23-502(13)(a): 3 cases
State v. R. Hinman, 2023 MT 116, 412 Mont. 434.
State v. Preston Hanna, 2014 MT 346, 341 P.3d 629.
State v. Rowe Jr., 2009 MT 225, 351 Mont. 334.
Mont. Code Ann. § 46-23-502(14)(a)(vii): 1 case
State v. B. Stokes, 2024 MT 32, 543 P.3d 601.
Mont. Code Ann. § 46-23-502(2): 2 cases
State v. R. Soria, 2022 MT 117N, 510 P.3d 1252.
Van Der Hule v. State, 2001 MT 315N.
Mont. Code Ann. § 46-23-502(3): 1 case
State v. Whitmer, 946 P.2d 137 (Mont. 1997).
Mont. Code Ann. § 46-23-502(3)(a): 1 case
Van Der Hule v. State, 2001 MT 315N.
Mont. Code Ann. § 46-23-502(4): 2 cases
State v. Whitmer, 946 P.2d 137 (Mont. 1997).
State v. Maples, 2010 MT 190N.
Mont. Code Ann. § 46-23-502(5): 1 case
State v. R. Soria, 2022 MT 117N, 510 P.3d 1252.
Mont. Code Ann. § 46-23-502(6): 5 cases
State v. Hamilton, 2007 MT 167, 164 P.3d 884. “The sexual offender must register for the commission of a sexual offense, which is defined in § 46-23-502(6), MCA, as: (a) any violation of or attempt, solicitation, or conspiracy to commit a violation of 45-5-301 (if the victim is less than 18 years of age and the offender is…”
United States v. Juv. Male, 2011 MT 104, 255 P.3d 110. “We address the Supreme Court’s question as posed: Is respondent’s duty to remain registered as a sex offender under Montana law contingent upon the validity of the conditions of his now-expired federal juvenile-supervision order that required him to register as a sex offender,…”
State v. Holt, 2011 MT 42, 249 P.3d 470. “Since the burglary conviction under consideration was not a "sexual offense" as defined in § 46-23-502, MCA, the District Court should not have attached a sexual offender level designation to Holt as part of the sentence for burglary.”
State v. R. Hinman, 2023 MT 116, 412 Mont. 434.
State v. Azure, 2008 MT 211, 186 P.3d 1269. “Among other things, the Legislature clarified that the agency to which notification of a change in residence must be given is the sheriff's office or the police department of the county or municipality in which the offender resides.”
Mont. Code Ann. § 46-23-502(6)(a): 1 case
State v. Hamilton, 2007 MT 167, 164 P.3d 884. “The sexual offender must register for the commission of a sexual offense, which is defined in § 46-23-502(6), MCA, as: (a) any violation of or attempt, solicitation, or conspiracy to commit a violation of 45-5-301 (if the victim is less than 18 years of age and the offender is…”
Mont. Code Ann. § 46-23-502(6)(b): 3 cases
State v. Holt, 2011 MT 42, 249 P.3d 470. “Since the burglary conviction under consideration was not a "sexual offense" as defined in § 46-23-502, MCA, the District Court should not have attached a sexual offender level designation to Holt as part of the sentence for burglary.”
State v. Hamilton, 2007 MT 167, 164 P.3d 884. “The sexual offender must register for the commission of a sexual offense, which is defined in § 46-23-502(6), MCA, as: (a) any violation of or attempt, solicitation, or conspiracy to commit a violation of 45-5-301 (if the victim is less than 18 years of age and the offender is…”
United States v. Juv. Male, 2011 MT 104, 255 P.3d 110. “We address the Supreme Court’s question as posed: Is respondent’s duty to remain registered as a sex offender under Montana law contingent upon the validity of the conditions of his now-expired federal juvenile-supervision order that required him to register as a sex offender,…”
Mont. Code Ann. § 46-23-502(7): 8 cases
State v. Hastings, 2007 MT 294, 171 P.3d 726. “" That statute was amended by the 2007 Montana Legislature and now defines a "sexual or violent offender," under § 46-23-502(10), MCA, as "a person who has been convicted of or, in youth court, found to have committed or been adjudicated for a sexual or violent offense.”
United States v. Juv. Male, 2011 MT 104, 255 P.3d 110. “We address the Supreme Court’s question as posed: Is respondent’s duty to remain registered as a sex offender under Montana law contingent upon the validity of the conditions of his now-expired federal juvenile-supervision order that required him to register as a sex offender,…”
State v. Villanueva, 2005 MT 192, 118 P.3d 179. “ISSUE ¶2 Did the District Court err in denying Villanueva’s Motion to Dismiss on the following grounds: 1) Villaneuva is not a “sexual offender” as defined by §46-23-502(7), MCA, and 2) the Information and Affidavit in Support failed to establish sufficient probable cause to…”
State v. Bahr, 2009 MT 378, 224 P.3d 610. “Section 46-23-502, MCA, contains only definitions of terms and was not an essential part of the charge.”
State v. Miller, 1998 MT 177, 966 P.2d 721. “Section 46-23-502(7), MCA. Mitigated deliberate homicide is a violent offense.”
Mont. Code Ann. § 46-23-502(7)(a): 1 case
Stewart v. State, 2015 MT 135N.
Mont. Code Ann. § 46-23-502(7)(b): 1 case
State v. DaSilva, 2011 MT 183, 258 P.3d 419. “In turn, § 46-23-502(10), MCA, defines a “sexual or violent offender” as “a person who has been convicted of or, in youth court, found to have committed or been adjudicated for a sexual or violent offense.”
Mont. Code Ann. § 46-23-502(9): 14 cases
City of Bozeman v. Cantu, 2013 MT 40, 296 P.3d 461. “¶14 Cantu contends that the psychosexual evaluation required by § 46-18-lll(l)(b), MCA, is a legislative creation intended to assist the court in sentencing felony offenders or, in the case of misdemeanors, only those misdemeanor offenders who were charged with a sexual or…”
State v. R. Collins, 2023 MT 78, 528 P.3d 1106. “Whether the District Court illegally imposed sex offender registration on non-sexual offenses without Collins’s consent in violation of § 46-23-512, MCA? ¶28 Collins asserts that the District Court illegally imposed sex offender registration as a condition of his sentence.”
State v. Holt, 2011 MT 42, 249 P.3d 470. “Since the burglary conviction under consideration was not a "sexual offense" as defined in § 46-23-502, MCA, the District Court should not have attached a sexual offender level designation to Holt as part of the sentence for burglary.”
State v. Greene, 2015 MT 1, 340 P.3d 551.
United States v. Waybright, 561 F. Supp. 2d 1154 (D. Mont. 2008).
Mont. Code Ann. § 46-23-502(9)(a): 10 cases
United States v. Juv. Male, 2011 MT 104, 255 P.3d 110. “We address the Supreme Court’s question as posed: Is respondent’s duty to remain registered as a sex offender under Montana law contingent upon the validity of the conditions of his now-expired federal juvenile-supervision order that required him to register as a sex offender,…”
State v. Barnaby, 2006 MT 203, 142 P.3d 809. “Section 46-23-502(9)(a), MCA. That act's inclusion of operation of a clandestine laboratory as one of the specifically enumerated "violent offenses" does not affect the classification of Barnaby as a "nonviolent felony offender.”
State v. Azure, 2008 MT 211, 186 P.3d 1269. “Among other things, the Legislature clarified that the agency to which notification of a change in residence must be given is the sheriff's office or the police department of the county or municipality in which the offender resides.”
State v. G. Hansen, 2017 MT 280, 405 P.3d 625.
State v. DaSilva, 2011 MT 183, 258 P.3d 419. “In turn, § 46-23-502(10), MCA, defines a “sexual or violent offender” as “a person who has been convicted of or, in youth court, found to have committed or been adjudicated for a sexual or violent offense.”
Mont. Code Ann. § 46-23-502(9)(b): 5 cases
United States v. Juv. Male, 2011 MT 104, 255 P.3d 110. “We address the Supreme Court’s question as posed: Is respondent’s duty to remain registered as a sex offender under Montana law contingent upon the validity of the conditions of his now-expired federal juvenile-supervision order that required him to register as a sex offender,…”
State v. DaSilva, 2011 MT 183, 258 P.3d 419. “In turn, § 46-23-502(10), MCA, defines a “sexual or violent offender” as “a person who has been convicted of or, in youth court, found to have committed or been adjudicated for a sexual or violent offense.”
Kvech v. New Mexico Dep't of Pub. Saf., 987 F. Supp. 2d 1162 (D.N.M. 2013).
W. Cooper v. DOJ, DCI, 2026 MT 4.
State v. C. Russell, 2020 MT 255N.
Mont. Code Ann. § 46-23-502(ll)(b): 1 case
State v. Richard Peart, 2012 MT 274, 290 P.3d 706.
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.