Federal Child Pornography Sentences in the District of Montana, FY2016–2025
The District of Montana sentenced 75 people for child pornography (images of child exploitation) offenses in fiscal years 2016 to 2025, and 74 of them received a prison term. The median prison term was 78 months (6.5 years), compared with 90 months for this offense type in all 94 districts.
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Trends › Federal Prosecution Analysis › Federal Sentences in the District of Montana, FY2016–2025 › Child Pornography: District of Montana
In brief: The District of Montana sentenced 75 people for child pornography (images of child exploitation) offenses in fiscal years 2016 to 2025, and 74 of them received a prison term. The median prison term was 78 months (6.5 years), compared with 90 months for this offense type in all 94 districts.
This post uses the U.S. Sentencing Commission's records of 75 people sentenced in federal court in fiscal years 2016 to 2025. Acquittals and dismissals come from a second source, the Federal Judicial Center's records of 753,808 federal defendants whose cases ended in fiscal years 2016 to 2025. It is part of the Federal Prosecution Analysis series, which builds on Military Moves Toward Sentencing Guidelines to Mirror the Federal System. How the numbers were built: How the Federal Comparison Data Was Built.
One Guideline Covered Every Case
All 75 people were sentenced under the same primary guideline, §2G2.2 (Trafficking in Material Involving the Sexual Exploitation of a Minor). The Commission's offense type is called "Child Pornography," and this post also uses the plainer description, images of child exploitation.
These cases were 2% of the 3,524 people sentenced in the District of Montana in fiscal years 2016 to 2025.
Prison Terms and Supervised Release
Among the 74 people sent to prison, the median prison term was 78 months. A quarter received 121 months or more, and a quarter received 60 months or less. No one received probation only.
Supervised release after prison was ordered for 74 people (99%), with a median term of 120 months. A total of 12 people (16%) received supervised release for life.
Comparison With All Districts and All Offenses
In all 94 districts, 13,674 people were sentenced for child pornography offenses, 99% were sent to prison, and the median prison term was 90 months. The Montana median is lower.
For all offenses in the District of Montana, the median prison term was 40 months, so these terms were longer than the district's overall median.
Mandatory Minimums and the Guideline Range
A mandatory minimum prison term applied to 45 of the 75 people with that information recorded, which is 60%.
Of the 75 people, 24 (32%) were sentenced within the guideline range, which is the same share as in all districts. Another 9 (12%) received a term below the range at the government's request, and 41 (55%) received a term below it without that request. One person (1%) was sentenced above the range.
Pleas and Trials
A total of 71 people (95%) pleaded guilty, and 4 were convicted after a trial. The median prison term was 77 months after a guilty plea and 154 months after a trial. The trial figure rests on only 4 people.
Among the guilty pleas, 83% had a written plea agreement, and 17% were straight pleas.
Restitution, Fines, and Criminal History
Restitution was ordered for 42 people (56%), and a fine for 2 (3%). In criminal history category I, the lowest, 69% of the group were placed, and 4% were in category VI, the highest. Court-martial records have no criminal history field.
Counts by Fiscal Year
Fiscal years 2016 to 2019 account for 33 people, and fiscal years 2020 to 2025 account for 42 people. The table lists between 4 and 10 people per year. Counts this small mean the yearly medians do not show a trend.
| Fiscal year | People sentenced | Median prison | Pleaded guilty |
|---|---|---|---|
| 2016 | 10 | 60 months | 100% |
| 2017 | 5 | 48 months | 5 of 5 |
| 2018 | 10 | 75 months | 80% |
| 2019 | 8 | 121 months | 8 of 8 |
| 2020 | 7 | 60 months | 7 of 7 |
| 2021 | 4 | 144 months | 4 of 4 |
| 2022 | 10 | 72 months | 100% |
| 2023 | 9 | 76 months | 8 of 9 |
| 2024 | 7 | 108 months | 6 of 7 |
| 2025 | 5 | 120 months | 5 of 5 |
What the Records Cannot Show
Malmstrom AFB, Montana, is in this district, but courts-martial are tried in military courts, not in this federal court. The federal figures stand on their own.
The data counts only people who were convicted and sentenced. Prison terms are the terms imposed, not time served. The records do not describe the facts of any case.
How We Counted
Everyone sentenced in federal court in the District of Montana (U.S. Sentencing Commission district label "Montana") in fiscal years 2016 to 2025 whose offense type was "Child Pornography" (75). Offense types are the Commission's OFFGUIDE categories.
Federal fiscal years run from October 1 to September 30. No person, judge, or lawyer is identified in any of these records.
What to Keep in Mind
No parole in federal prison; credit for good conduct. Federal prison has no parole for crimes committed on or after November 1, 1987. A federal prisoner can earn up to 54 days of good conduct credit for each year of the sentence the judge imposed, which is about 15%. Some federal prisoners can also earn First Step Act time credits, but many offenses make a person ineligible. The numbers in this post are the sentences judges imposed, not the time people actually served.
Federal supervised release. Most federal prison sentences are followed by a term of supervised release that the judge sets as part of the sentence. A person who violates it can be sent back to prison. A court-martial cannot sentence anyone to supervision after release. Military parole and mandatory supervised release are decided later by a board, not by the judge at trial.
Who decides the sentence, and under what rules. Federal judges sentence every federal case. They must calculate the Sentencing Guidelines range, which is advisory, and must impose any mandatory minimum the statute requires unless an exception applies. In courts-martial, the accused could choose sentencing by members until the rules changed. For cases in which every guilty finding is for an offense committed after December 27, 2023, a military judge sentences alone, within sentencing parameters. Courts-martial tried in 2024 and later include both old-rule and new-rule cases, and the data cannot tell them apart.
Time periods. Federal numbers are by federal fiscal year (October 1 to September 30), based on the sentencing date. The military numbers are by trial date. Neither source has the date of the offense, so a change in law shows up in either data set gradually.
How life sentences and "time served" are counted. In the federal numbers, a life sentence is counted as 470 months, and any other sentence longer than 470 months is counted as just under 470 months. A sentence of "time served" is counted as one day (0.03 months). Averages are affected by these rules; medians much less.
Mandatory minimum sentences. Many federal statutes on drugs, images of child exploitation, child sex abuse, and firearms carry mandatory minimum prison terms. The UCMJ has mandatory minimums only for a few offenses (a dishonorable discharge or dismissal for rape and sexual assault, and life for premeditated murder). Federal sentences for these offenses are partly set by Congress, not by the judge.
Related Analysis
- Military Moves Toward Sentencing Guidelines to Mirror the Federal System (the background article)
- Federal Prosecution Analysis (all federal posts)
- How the Federal Comparison Data Was Built (sources and method)
- Federal Sentences in the District of Montana, FY2016–2025 (overview)
- Federal Drug Trafficking Sentences in the District of Montana, FY2016–2025 (same district, other offense type)
- Federal Firearms Sentences in the District of Montana, FY2016–2025 (same district, other offense type)
- Federal Fraud, Theft, and Embezzlement Sentences in the District of Montana, FY2016–2025 (same district, other offense type)
- Federal Assault Sentences in the District of Montana, FY2016–2025 (same district, other offense type)
- U.S. Sentencing Commission, Individual Offender Datafiles (source)
- Federal Judicial Center, Integrated Database (criminal defendants) (source)
About the author. Jocelyn C. Stewart is a retired Army JAG with more than 24 years of trying courts-martial and more than 200 jury trials. She hosts Where All The Bodies Are Buried and runs the Law Office of Jocelyn C. Stewart. This analysis is for education and information only. It is not legal advice, and every case is different.