MontanaHB 51469th Legislature, Regular Session (2025)HouseWALLET

Criminalize use of real and digitally fabricated sexually explicit images

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Bill Overview

Analyzed Economic Effects

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

Ban on nonconsensual sexual images and threats

The law makes it a crime to publish or share sexual images of an identifiable person without consent. It applies when done to scare, threaten, harass, injure, or to get money. It covers real photos and AI‑made or other digitally fabricated images and videos. It is also a crime to possess and threaten to share such images to get payment. Allowed sharing includes public interest or crime reporting, law enforcement duties, news, court, medical care, historic, artistic, scientific, educational uses, and voluntary exposure in public or commercial places.

Higher penalties for privacy crimes

A general violation can bring a fine up to $500 or up to 6 months in county jail. A first offense for sharing or threatening to share sexual images is a misdemeanor. A second conviction for harassment, repeated disturbance, or image sharing can mean up to 1 year in county jail or a $1,000 fine. A third or later conviction for those offenses can mean up to 5 years in state prison or a fine up to $10,000. A second or later conviction for sharing or threatening sexual images is a felony, with up to 5 years in prison and fines up to $25,000.

Stronger privacy for calls and messages

The law makes it a crime to intentionally intercept someone else’s electronic messages. This covers calls, texts, images, sounds, and data sent by wire, radio, or similar systems. Recording a conversation with a hidden device is banned unless allowed by law. Allowed cases include recordings by public officials on duty, people speaking at public meetings, when a person warned that recording will happen, and emergency health calls recorded by health agencies.

Online platforms not liable for posts

The law does not make online platforms legally responsible for what other people post. "Interactive computer service" includes internet access providers and services run by libraries or schools. These providers keep their existing immunity for third‑party content under this section.

Sponsors & Cosponsors

Sponsor

Jill Cohenour
Democrat • House

Cosponsors

Vince Ricci
Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 296 • No: 0

Senate vote • 4/22/2025

Do Concur

Yes: 50 • No: 0

Senate vote • 4/16/2025

Do Concur

Yes: 49 • No: 0

House vote • 3/4/2025

Do Pass

Yes: 99 • No: 0

House vote • 3/3/2025