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MontanaSB 34869th Legislature, Regular Session (2025)Senate

Revise laws on sexual assault

Sponsored By: Jeremy Trebas (Republican)

Became Law

Criminal ProcedureCrimes

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 0 benefits, 2 costs, 1 mixed.

Tougher penalties for sexual assault

The law makes sexual assault penalties much tougher. A first conviction can mean up to 1 year in jail and a $1,000 fine; a second, up to 5 years and $5,000; a third or more, up to 10 years and $10,000. If the victim is under 16 and the offender is 3 or more years older, anyone is injured, or the victim is a psychotherapy client, the court can order life in prison or at least 4 years unless the judge makes a written finding for less, and a fine up to $50,000; very long terms are allowed. Acts during an attempt or while fleeing count as in the course of the assault. Sexual assault means knowingly having sexual contact without consent.

Clearer sex offender registry rules

The law clarifies who must register and where. It defines residence as any regular place with a street address, including hotels or vehicles; homeless shelters are not a residence, and people with no residence are transient. If you live in a city, you register with the city police; outside a city, you register with the county sheriff. It lists which crimes and out‑of‑state, tribal, federal, military, and some foreign convictions count as sexual offenses; foreign cases include Canada, the U.K., Australia, New Zealand, and other countries the U.S. State Department said had fair trials that year. It defines sexually violent predator and related mental‑health terms to guide classification and supervision.

Consent invalid in power-imbalance cases

The law says consent does not count in many power‑imbalance settings. It is invalid for victims under 14 with an offender 3 or more years older, for people in custody or on supervision with staff who have authority, for youth or patients in care with staff who have authority, for psychotherapy clients with providers or facility staff, for private adolescent program participants with associated staff, and for students with non‑student school staff who ever had authority. Some listed rules do not apply when the two people are married to each other, such as probationer–officer, patient–staff, program participant–associated person, and psychotherapy client–therapist. These changes make prosecutions clearer and protect vulnerable people.

Sponsors & Cosponsors

Sponsor

  • Jeremy Trebas

    Republican • Senate

Cosponsors

  • Lee Deming

    Republican • House

Roll Call Votes

All Roll Calls

Yes: 269 • No: 126

Senate vote • 4/17/2025

Do Pass

Yes: 33 • No: 17

Senate vote • 4/16/2025

Do Pass

Yes: 36 • No: 14

Senate vote • 4/11/2025

Do Concur

Yes: 58 • No: 40

Senate vote • 4/9/2025

Do Concur

Yes: 56 • No: 41

Senate vote • 3/3/2025

Do Pass

Yes: 47 • No: 3

Senate vote • 3/1/2025

Do Pass

Yes: 39 • No: 11

Actions Timeline

  1. Chapter Number Assigned

    5/16/2025Senate

  2. Signed by Governor

    5/13/2025Senate

  3. Transmitted to Governor

    5/5/2025Senate

  4. Signed by Speaker

    5/5/2025House

  5. Signed by President

    4/29/2025Senate

  6. Returned from Enrolling

    4/25/2025Senate

  7. Sent to Enrolling

    4/23/2025Senate

  8. 3rd Reading Passed as Amended by House

    4/17/2025Senate

  9. 2nd Reading House Amendments Concurred

    4/16/2025Senate

  10. 2nd Reading Pass Consideration

    4/15/2025Senate

  11. Returned to Senate with Amendments

    4/11/2025House

  12. 3rd Reading Concurred

    4/11/2025House

  13. Committee Report--Bill Concurred

    4/10/2025House

  14. Committee Executive Action--Bill Concurred

    4/9/2025House

  15. Hearing

    4/9/2025House

  16. Rereferred to Committee

    4/9/2025House

  17. 2nd Reading Concurred

    4/9/2025House

  18. Committee Report--Bill Concurred as Amended

    4/3/2025House

  19. Committee Executive Action--Bill Concurred as Amended

    4/3/2025House

  20. Hearing

    3/28/2025House

  21. First Reading

    3/4/2025House

  22. Referred to Committee

    3/4/2025House

  23. Transmitted to House

    3/3/2025Senate

  24. 3rd Reading Passed

    3/3/2025Senate

  25. 2nd Reading Passed

    3/1/2025Senate

Bill Text

  • Enrolled

    4/23/2025

    PDF

  • As Amended (Version 2)

    4/3/2025

    PDF

  • Introduced

    2/18/2025

    PDF

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