All Roll Calls
Yes: 388 • No: 102
MontanaHB 75269th Legislature, Regular Session (2025)HouseWALLET
Prohibit access to child pornography in Montana
Sponsored By: Lukas Schubert (Republican)
Became Law
CrimesMinorsCommunicationsUtilities
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Bill Overview
Analyzed Economic Effects
6 provisions identified: 5 benefits, 0 costs, 1 mixed.
Huge damages and how awards are split
Victims and other allowed plaintiffs can ask the court for injunctions, restitution, compensatory and punitive damages, and attorney fees. Statutory damages per image or video are $100,000 for strict violations, $1,000,000 for negligent or reckless violations, and at least $5,000,000 for knowing or purposeful violations. You can pick only one statutory‑damage tier per image, and each unique image or video counts as a separate violation. When punitive and statutory damages are awarded: if a private plaintiff sues and a victim is identified, 50% goes to the victim, 35% to the private plaintiff, and 15% to the Department. If a victim sues, 80% goes to the victim and 20% to the Department. If no victim is identified, the combined punitive and statutory damages are cut by 50% first, then 60% goes to the private plaintiff and 40% to the Department. Reasonable attorney fees and costs are recoverable. These rules start October 1, 2025.
Who can sue and how victims join
Victims can sue for remedies and restitution. If the victim is under 18, a parent or guardian can sue for the child. The Montana Department of Justice can also sue and must notify harmed victims if it can find them. If neither the victim nor the Department sues, a private person can sue and must notify any harmed victim. If the Department sues and you did not intervene and got no relief, you can later sue for restitution, compensatory damages, or 50% of the combined punitive and statutory damages. These rights start October 1, 2025.
Deadlines and offsets for these lawsuits
Victims must file their action within 15 years of the violation. The Department or a private person must file within 10 years. You can still bring a later tort claim, but any tort damages are reduced by money you already got under this law. These rules apply starting October 1, 2025.
Defenses and safe harbors for providers
A provider has a defense if it removes the material within 96 hours after it becomes reasonably accessible in Montana. It is also a defense if the person suing caused the violation by uploading the material. Posting a bare hyperlink without visual content is not a violation, even if the linked site has illegal content. Reporting child sexual abuse material to law enforcement does not create civil liability and cannot be used as evidence. These protections start October 1, 2025.
Montana bans child sexual abuse material and profits
Sites with 30% or more sexually explicit visual content that is reachable in Montana may not make child sexual abuse material accessible in Montana. Providers also may not collect money or profit from distributing this material to anyone physically in Montana. Providers that get 50% or more of their income from sexual content and have at least $500,000 in income are also banned from making such material accessible in Montana. These rules take effect October 1, 2025.
Who counts as a covered content provider
The law defines child sexual abuse material using federal child‑pornography law or obscene images showing a minor in sexual conduct. It defines who is a content provider and who is not (pure hosts, general browsers, internet infrastructure owners, and search engines are excluded). It sets “substantial amount” at 30% or more of a provider’s visual content and explains when material is “reasonably accessible.” A “victim” is a person shown in this material who was a minor at the time. If an excluded entity also does covered content‑provider work, it is liable only for that covered activity. These definitions apply starting October 1, 2025.
Sponsors & Cosponsors
Sponsor
Lukas Schubert
Republican • House
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
House vote • 4/18/2025
Do Concur
Yes: 82 • No: 16
House vote • 4/17/2025
Do Concur
Yes: 99 • No: 0
House vote • 4/10/2025
Do Concur
Yes: 48 • No: 0
House vote • 4/9/2025
Do Concur
Yes: 49 • 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
Chapter Number Assigned
5/13/2025HouseSigned by Governor
5/8/2025HouseTransmitted to Governor
5/1/2025HouseSigned by President
5/1/2025SenateSigned by Speaker
4/29/2025HouseReturned from Enrolling
4/21/2025HouseSent to Enrolling
4/18/2025House3rd Reading Passed as Amended by Senate
4/18/2025House2nd Reading Senate Amendments Concurred
4/17/2025HouseReturned to House with Amendments
4/10/2025Senate3rd Reading Concurred
4/10/2025Senate2nd Reading Concurred
4/9/2025SenateCommittee Report--Bill Concurred as Amended
4/4/2025SenateCommittee Executive Action--Bill Concurred as Amended
4/4/2025SenateHearing
3/27/2025SenateHearing Canceled
3/24/2025SenateHearing
3/21/2025SenateReferred to Committee
3/18/2025SenateRevised Fiscal Note Printed
3/18/2025HouseFiscal Note Unsigned
3/17/2025HouseRevised Fiscal Note Received
3/17/2025HouseFirst Reading
3/14/2025SenateTransmitted to Senate
3/7/2025House3rd Reading Passed
3/7/2025House2nd Reading Passed
3/5/2025House
Bill Text
Enrolled
4/21/2025
As Amended (Version 3)
4/7/2025
As Amended (Version 2)
3/4/2025
Introduced
2/25/2025