2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 23. Probation, Parole, and Clemency › Part 5. Registration of Sexual and Violent Offenders › 46-23-502. 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)(c), (3), and (4), sexual assault;
(v) 45-5-503, sexual intercourse without consent;
(vi) 45-5-504(2)(c) and (3), 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) 45-8-218, deviate sexual conduct; or
(xvii) 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)(xvi) 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) 45-5-401, robbery;
(xii) 45-6-103, arson; or
(xiii) 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.