Federal Stalking and Harassment Sentences in the District of Montana, FY2016–2025
In the District of Montana, 40 people were sentenced for stalking or harassing offenses in fiscal years 2016 to 2025, and 27 of them were sentenced under the guideline for stalking or domestic violence. The median prison term was 29 months (2.4 years). In all 94 districts, the median for this offens
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Trends › Federal Prosecution Analysis › Federal Sentences in the District of Montana, FY2016–2025 › Stalking and Harassment: District of Montana
In brief: In the District of Montana, 40 people were sentenced for stalking or harassing offenses in fiscal years 2016 to 2025, and 27 of them were sentenced under the guideline for stalking or domestic violence. The median prison term was 29 months (2.4 years). In all 94 districts, the median for this offense type was 24 months.
This post uses the U.S. Sentencing Commission's records of 40 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.
How Long Did People Stay in Prison?
The median prison term for the 37 people sent to prison was 29 months. The longest quarter of terms were 37 months or more, and the shortest quarter were 18 months or less.
Nationally the median for this offense type was 24 months, and 89% of people received prison. Montana's median is higher than the national one and lower than the 40 months median for every Montana offense combined.
What Cases Make Up the Group?
"Stalking/Harassing" is the Sentencing Commission's label. Under it, §2A6.2 (Stalking or Domestic Violence) was the main guideline in 27 cases, and §2A6.1 (Threatening or Harassing Communications) was the main guideline in 13.
The 40 people were 1% of all Montana federal sentences in the period. Nationally, the offense type has 2,263 people.
Probation, Supervised Release, and Money Orders
Probation without prison was given to 3 people (8%). Supervised release was ordered after prison for 37 people (93%), with a median length of 36 months.
Restitution was ordered in 6 cases (15%) and a fine in 1 case (3%).
Sentences Compared With the Guideline Range
Judges sentenced 15 people within the range (38%). Sentences below the range were of 2 kinds, with 3 at the government's request (8%) and 19 without it (48%). Another 3 sentences (8%) exceeded the range.
The national share within the range was 47%. For all offenses in Montana it was 33%.
Pleas, Trials, and Agreements
Most defendants, 37 of 40 (93%), pleaded guilty. The remaining 3 were convicted at trial. Median prison terms were 29 months after a plea and 36.5 months after a trial, with the trial number built on 2 people.
A written plea agreement existed in 84% of the guilty pleas. Straight pleas made up 16%. One person (3%) faced a mandatory minimum.
Criminal History Categories
In criminal history category I, the lowest, 50% of the group were placed. In category VI, the highest, 3% were placed. Court-martial records contain no such field, so the military side has nothing to compare.
The Year-by-Year Table
Between fiscal years 2016 and 2019, 13 people were sentenced. Between 2020 and 2025, 27 were. Annual counts range from 1 to 7 people. The 2024 median of 15.5 months is the lowest in the table and covers 7 people. Such small groups cannot establish a trend.
| Fiscal year | People sentenced | Median prison | Pleaded guilty |
|---|---|---|---|
| 2016 | 2 | 23 months | 2 of 2 |
| 2017 | 1 | 29 months | 1 of 1 |
| 2018 | 6 | 31.5 months | 6 of 6 |
| 2019 | 4 | 25.5 months | 4 of 4 |
| 2020 | 6 | 28.5 months | 5 of 6 |
| 2021 | 3 | 37 months | 3 of 3 |
| 2022 | 3 | 32 months | 2 of 3 |
| 2023 | 4 | 33.5 months | 4 of 4 |
| 2024 | 7 | 15.5 months | 7 of 7 |
| 2025 | 4 | 24 months | 3 of 4 |
Limits on What These Numbers Show
Malmstrom AFB, Montana, lies in this district, yet courts-martial are tried in military courts and not counted here.
Acquittals and dismissals do not appear, because the data covers only convictions. The records leave out facts of the conduct, and the prison terms shown are imposed, not served.
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 "Stalking/Harassing" (40). 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.