Montana Code Annotated

Mont. Code Ann. § 46-23-507 (2026)

Penalty

✓ current as of May 2026

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TITLE 46. CRIMINAL PROCEDURE

CHAPTER 23. PROBATION, PAROLE, AND CLEMENCY

Part 5. Registration of Sexual and Violent Offenders

Penalty

46-23-507. Penalty. (1) A sexual or violent offender who knowingly fails to register, verify registration, or keep registration current under this part may be sentenced to a term of imprisonment of not more than 5 years or may be fined not more than $10,000, or both.

(2) (a) Violent offenders who were convicted of failing to register, verify registration, or keep registration current under this part after having successfully registered for 10 years and whose conviction occurred before October 1, 2021, must have their conviction vacated.

(b) Within 1 year from October 1, 2021, the department of justice shall provide notice to the appropriate district court for each conviction described in subsection (2)(a).

(c) Upon receiving notification from the department of justice, the district court shall, on its own motion, vacate the offender's conviction for failing to register, verify registration, or keep registration current.

(3) When the court vacates a conviction under this section, the court shall:

(a) send a copy of the order vacating the conviction to the prosecutor and the department of justice; and

(b) order the expungement of all records of arrest, investigation, and detention, and any court proceedings that may have been held by the court, the investigating law enforcement agency, or the department of justice related to the conviction.

(4) The prosecutor and the department of justice shall inform the person whose conviction has been vacated under this section that the conviction is vacated.

History: En. Sec. 8, Ch. 293, L. 1989; amd. Sec. 10, Ch. 407, L. 1995; amd. Sec. 9, Ch. 550, L. 1995; amd. Sec. 10, Ch. 375, L. 1997; amd. Sec. 2, Ch. 227, L. 2021.

Notes of Decisions

Cited in 32 cases (7 in the last 5 years), 1997–2026 · leading case: State v. Mount, 2003 MT 275 (Mont. 2003).

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State v. Mount, 2003 MT 275 (Mont. 2003). · cites it 28× “¶ 11 On June 16, 2000, Mount was charged with failing to register as a sex offender under § 46-23-507, MCA. The charge arose from Mount's admissions that he had not updated his registration since May 19, 1996, *833 when he initially registered.”

State v. Wardell, 2005 MT 252 (Mont. 2005). · cites it 32× “In 1997 Wardell was charged with failure to register as a sex offender, a felony, in violation of § 46-23-507, MCA; three counts of sexual intercourse without consent; and two counts of sexual assault.”

State v. Azure, 2008 MT 211 (Mont. 2008). · cites it 10× “Section 46-23-507, MCA. ¶ 5 In early December 2004, in conjunction with his release from confinement and placement in ISP, Azure registered an address on Cozy Court in Lolo, Montana.”

United States v. Juv. Male, 2011 MT 104 (Mont. 2011). · cites it 6× “"Sexual offense" is defined as a "violation of or attempt, solicitation or conspiracy to commit" any of a listing of Montana sexual offenses.”

State v. Bahr, 2009 MT 378 (Mont. 2009). · cites it 9× “Section 46-23-507, MCA, provided throughout this time: “Asexual or violent offender who knowingly fails to register, verify registration, or keep registration current under this part may be sentenced to a term of imprisonment of not more than 5 years or may be fined not more…”

State v. Payne, 2011 MT 35 (Mont. 2011). · cites it 5× “¶20 Section 46-23-507, MCA, in relevant part, provides: A sexual or violent offender who knowingly fails to register .”

State v. Samples, 2008 MT 416 (Mont. 2008). · cites it 4× “¶11 In August 2002, the State charged Samples with failure to register as a sexual offender, in violation of § 46-23-507, MCA (2001). Samples initially pled not guilty and counsel was appointed to represent him.”

State v. Murphy, 2003 MT 276 (Mont. 2003). · cites it 8× “¶8 On June 15, 2001, Murphy was charged with failing to keep his registration as a violent offender current, under § 46-23-507, MCA. Specifically, § 46-23-507, MCA, states: 2 “[a] sexual or violent offender who knowingly fails to register, verify registration, or keep…”

State v. Pavey, 2010 MT 104 (Mont. 2010). · cites it 2× “¶4 On May 8, 2008, the State filed an information in District Court charging Pavey with failing to register as a violent offender, a felony, *250 in violation of § 46-23-507, MCA, committed in March and April 2008.”

State v. Pavey, 2010 MT 104 (Mont. 2010). · cites it 2× “¶4 On May 8, 2008, the State filed an information in District Court charging Pavey with failing to register as a violent offender, a felony, in violation of § 46-23-507, MCA, 2 committed in March and April 2008.”

State v. Pearrow, 2011 MT 18 (Mont. 2011). · cites it 30× “The Information, filed on December 24, 2008, charged Pearrow with violating § 46-23-507, MCA. Pearrow moved to dismiss the Information on the basis that (1) the Affidavit of Probable Cause submitted by the State in support of its Motion for Leave to File Information was…”

State v. DaSilva, 2011 MT 183 (Mont. 2011). · cites it 5× “¶6 The jury returned a guilty verdict on both charges, and the court sentenced DaSilva as a persistent felony offender to five years in the Montana State Prison, designating him a Tier 2 sex offender.”

Show all 32 citing cases →

— Mont. Code Ann. § 46-23-507(1) — 2 cases

State v. R. Hinman, 2023 MT 116 (Mont. 2023).

W. Cooper v. DOJ, DCI, 2026 MT 4 (Mont. 2026).

— Mont. Code Ann. § 46-23-507(2)(a) — 1 case

W. Charlo v. State (Mont. 2022).

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