SB 348 revises Montana’s sexual assault statute by increasing penalties for repeat offenses and expanding when a conviction triggers sex offender registration. For a first conviction, the bill raises the maximum fine and jail term; for a second conviction, it substantially increases both the fine and possible incarceration; and for third and subsequent convictions, it increases the maximum prison term. The bill leaves in place enhanced penalties for sexual assault involving young victims, bodily injury, or psychotherapy-related abuse, while also updating related language in the criminal code.
The bill also amends Montana’s sex offender registration definitions so that a second conviction for sexual assault is treated as a registrable sexual offense. In addition, it updates the statutory definition of “sexual offense” to reflect the revised sexual assault subsections, ensuring the registration scheme aligns with the new penalty structure. The measure is primarily a criminal justice and public safety bill, affecting offenders convicted under Title 45 and the Department of Corrections’ registration framework.
Impact
SB 348 changes sections 45-5-502 and 46-23-502 of the Montana Code Annotated. It increases sentencing exposure for sexual assault, especially for repeat offenders, and broadens the circumstances under which a person must register as a sexual offender. The bill affects prosecutors, courts, correctional authorities, and individuals convicted of sexual assault by making repeat conduct more punitive and by adding registration consequences tied to a second conviction.
Sentiment
The bill appears to have been generally supported, especially in the Senate, where it passed committee and floor votes by comfortable margins. It also advanced through the House and returned to the Senate with concurrence on House amendments, indicating broad legislative acceptance of the bill’s overall goal of strengthening penalties for sexual assault. At the same time, the House floor votes were notably closer than the Senate’s, suggesting some reservations about the scope or severity of the changes.
Contention
The main point of contention appears to have been how far to increase punishment and registration consequences for sexual assault, particularly for repeat offenders. The narrower House margins suggest some lawmakers may have been concerned about longer jail and prison terms, higher fines, or the expansion of sex offender registration to a second conviction. No committee transcript is available here, so the specific arguments are not recorded, but the voting pattern indicates that while the bill’s public-safety rationale was broadly accepted, the degree of penalty enhancement was not unanimous.