Federal Obscenity and Other Sex Offense Sentences in the District of Montana, FY2016–2025
Of the 71 people sentenced for obscenity and other sex offenses in the District of Montana in fiscal years 2016 to 2025, 63 were sentenced under the guideline for failure to register as a sex offender. The median prison term was 15.5 months, compared with 18 months in all 94 districts, and 13% of se
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Trends › Federal Prosecution Analysis › Federal Sentences in the District of Montana, FY2016–2025 › Obscenity and Other Sex Offense: District of Montana
In brief: Of the 71 people sentenced for obscenity and other sex offenses in the District of Montana in fiscal years 2016 to 2025, 63 were sentenced under the guideline for failure to register as a sex offender. The median prison term was 15.5 months, compared with 18 months in all 94 districts, and 13% of sentences were above the guideline range.
This post uses the U.S. Sentencing Commission's records of 71 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.
What the Offense Type Includes
The Commission's offense type "Obscenity/Other Sex Offenses" is a broad category. In Montana, the most common primary guideline was §2A3.5 (Failure to Register as a Sex Offender), with 63 people. Next was §2G3.1 (Importing, Mailing, or Transporting Obscene Matter), with 7 people.
These cases were 2% of the 3,524 people sentenced in the district during the period.
Sentences Above the Guideline Range
A total of 9 people (13%) were sentenced above the guideline range. Another 32 (45%) were within the range. A total of 5 (7%) received a term below the range at the government's request, and 25 (35%) received a term below it without that request.
In all districts, 54% of sentences for this offense type were within the range, and for all offenses in Montana the share was 33%.
Prison Terms
Of the 71 people, 70 (99%) received a prison term, and 1 (1%) received probation only. The median prison term was 15.5 months. A quarter received 24 months or more, and a quarter received 12 months or less.
In all districts, 3,595 people were sentenced for this offense type, 95% were sent to prison, and the median prison term was 18 months. The Montana median is lower. The median for all offenses in the district was 40 months.
Plea Practice
A total of 67 people (94%) pleaded guilty, and 4 were convicted after a trial. The median prison term was 15 months after a guilty plea and 52.5 months after a trial, based on 4 people.
Only 43% of the guilty pleas had a written plea agreement, and 57% were straight pleas with no agreement. A mandatory minimum prison term applied to 0 of the 71 people with that information recorded.
Supervised Release and Criminal History
Supervised release after prison was ordered for 70 people (99%), with a median term of 60 months. One person (1%) received supervised release for life. A fine was ordered for 1 person (1%), and restitution for 0.
In criminal history category I, the lowest, 13% of the group were placed, and 6% were in category VI, the highest. Court-martial records have no criminal history field.
Fiscal Year Counts
Fiscal years 2016 to 2019 account for 37 people, and fiscal years 2020 to 2025 account for 34 people. The table lists between 2 and 12 people per year. The 2023 median of 58.5 months is the highest listed, and it comes from 8 people. These counts are small and do not show a trend.
| Fiscal year | People sentenced | Median prison | Pleaded guilty |
|---|---|---|---|
| 2016 | 8 | 19.5 months | 8 of 8 |
| 2017 | 6 | 20 months | 5 of 6 |
| 2018 | 12 | 12 months | 100% |
| 2019 | 11 | 12 months | 100% |
| 2020 | 5 | 8 months | 5 of 5 |
| 2021 | 7 | 18 months | 6 of 7 |
| 2022 | 2 | 14 months | 2 of 2 |
| 2023 | 8 | 58.5 months | 8 of 8 |
| 2024 | 4 | 25.5 months | 2 of 4 |
| 2025 | 8 | 13 months | 8 of 8 |
Limits of the Data
Malmstrom AFB, Montana, is in this district. Courts-martial are tried in military courts, not in this federal court.
The data counts only people who were convicted and sentenced. Prison terms are the terms imposed, not time served. The records do not show what an individual did.
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 "Obscenity/Other Sex Offenses" (71). 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.
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.