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MontanaHB 75269th Legislature, Regular Session (2025)HouseWALLET

Prohibit access to child pornography in Montana

Sponsored By: Lukas Schubert (Republican)

Signed by Governor

CrimesMinorsCommunicationsUtilities

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Bill Overview

Analyzed Economic Effects

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

Victims can sue and claim damages

Beginning October 1, 2025, a person pictured as a minor in CSAM is a victim and can sue. If the victim is under 18 now, a parent or guardian can bring the case. If a private suit happened and the victim did not join it and got no relief, the victim can later claim restitution, compensatory damages, or 50% of the combined punitive and statutory damages. If a victim later wins a tort award, the court must subtract any money already paid to that victim under the law’s civil‑remedies section. These rules aim to get victims paid while avoiding double recovery.

New bans and thresholds for content platforms

Beginning October 1, 2025, content platforms face strict bans on child sexual abuse images (CSAM) that are reachable in Montana. A provider that hosts a substantial amount of sexually explicit visual content (set at 30% or more) cannot make CSAM reasonably accessible in the state. Any provider is also banned from making money by distributing CSAM to a person in Montana. Higher‑income adult‑content businesses are covered if at least 50% of their income is from sexually explicit visual content and they earned $500,000 or more. The law defines who counts as a content provider and excludes pure hosts, general browsers, some internet providers, infrastructure owners, and search engines. “Reasonably accessible” means people can reach the content using common retail technology, and the rules apply even if the company is outside Montana.

Defenses and link rules for platforms

Beginning October 1, 2025, each CSAM image counts as its own violation, which can raise penalties. Platforms have a defense if they remove CSAM within 96 hours after it becomes reasonably accessible in Montana. Posting a hyperlink alone does not violate the law if it does not appear with visual content; the law defines a hyperlink as an internet address a browser recognizes. Providers are protected when they report CSAM to law enforcement; those reports cannot be used as civil evidence under this law. A provider also has a defense if the person who sued is the one who uploaded or caused the CSAM to be posted.

Private suits allowed; strict filing deadlines

Beginning October 1, 2025, a private person (not a government worker) can sue if a victim does not. The filer must send a copy of the complaint to any victim who can be reasonably identified. Victims must file within 15 years of the violation. Private persons must file within 10 years of the violation.

Sponsors & Cosponsors

Sponsor

  • Lukas Schubert

    Republican • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 390 • No: 102

House vote • 4/18/2025

Do Concur

Yes: 82 • No: 16

House vote • 4/17/2025

Do Concur

Yes: 100 • No: 0

Senate vote • 4/10/2025

Do Concur

Yes: 48 • No: 0

Senate vote • 4/9/2025

Do Concur

Yes: 50 • No: 0

House vote • 3/7/2025

Vote

Yes: 59 • No: 40

House vote • 3/5/2025

Do Pass

Yes: 51 • No: 46

Actions Timeline

  1. Chapter Number Assigned

    5/13/2025House

  2. Signed by Governor

    5/8/2025House

  3. Transmitted to Governor

    5/1/2025House

  4. Signed by President

    5/1/2025Senate

  5. Signed by Speaker

    4/29/2025House

  6. Returned from Enrolling

    4/21/2025House

  7. Sent to Enrolling

    4/18/2025House

  8. 3rd Reading Senate Amendments

    4/18/2025House

  9. 2nd Reading Senate Amendments

    4/17/2025House

  10. Returned to House with Amendments

    4/10/2025Senate

  11. 3rd Reading

    4/10/2025Senate

  12. 2nd Reading

    4/9/2025Senate

  13. Committee Report

    4/4/2025Senate

  14. Committee Executive Action

    4/4/2025Senate

  15. Hearing

    3/27/2025Senate

  16. Hearing Canceled

    3/24/2025Senate

  17. Hearing

    3/21/2025Senate

  18. Referred to Committee

    3/18/2025Senate

  19. Revised Fiscal Note Printed

    3/18/2025House

  20. Fiscal Note Unsigned

    3/17/2025House

  21. Revised Fiscal Note Received

    3/17/2025House

  22. 1st Reading

    3/14/2025Senate

  23. Transmitted to Senate

    3/7/2025House

  24. 3rd Reading

    3/7/2025House

  25. 2nd Reading

    3/5/2025House

Bill Text

  • Enrolled

    4/21/2025

    PDF

  • As Amended (Version 3)

    4/7/2025

    PDF

  • As Amended (Version 2)

    3/4/2025

    PDF

  • Introduced

    2/25/2025

    PDF

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