Law / United States / Montana

Privacy in communications, digitally fabricated intimate images

Mont. Code Ann. 45-8-213

A citation is an address, not a summary. The first part names the law; what follows narrows it to the exact section, article or paragraph.

In force.

An AI prohibited practices rule binding public and private bodies.

As of 6 September 2026.

What it requires

  • Do not publish, distribute, or disclose a real or digitally fabricated intimate image or video of an identifiable person without consent, when done to terrify, intimidate, threaten, harass, or injure the person or to obtain money or other valuable consideration
  • Do not possess and threaten to disclose such an image or video to obtain money or other valuable consideration
  • A first offense is a misdemeanor; a second or subsequent offense is a felony
  • This section does not impose liability on an interactive computer service for content provided by another person

If you get it wrong

Criminal exposureYes

Private right of actionNo

Criminal exposure note

A first offense is a misdemeanor punishable by a fine up to $500 or up to 6 months in county jail, or both. A second or subsequent offense is a felony punishable by imprisonment up to 5 years or a fine up to $25,000, or both.

Penalty structure

First offense under subsection (1)(d) or (1)(e): misdemeanor, fine up to $500 or up to 6 months in county jail, or both. Second or subsequent offense: felony, imprisonment up to 5 years or a fine up to $25,000, or both.

Rule
Fixed only
As of
6 September 2026
Currency
USD
Fixed cap
25,000

What it reaches

Obligation class

Prohibition

What this law does

Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page.

A 2025 amendment (HB 514) added digitally fabricated images to the privacy in communications statute's existing ban on nonconsensual intimate images: a person may not publish, distribute, or disclose a real or digitally fabricated image or video of an identifiable person showing genitals or an exposed female breast, or the person depicted engaged in a real or simulated sexual act, without that person's consent, with the purpose to terrify, intimidate, threaten, harass, or injure the person or to obtain money or other valuable consideration; nor may a person possess and threaten to disclose such an image or video with the purpose to obtain money or other valuable consideration from the person depicted.

'Digitally fabricated' means using a technical means, such as artificial intelligence, to create media that realistically misrepresents an identifiable individual as engaging in conduct in which the individual did not engage. A first offense under these provisions is a misdemeanor punishable by a fine up to $500 or up to 6 months in county jail, or both; a second or subsequent offense is a felony punishable by up to 5 years imprisonment or a fine up to $25,000, or both. The section does not impose liability on an interactive computer service for content another person provided.

When LexLint raises it

  • generates_content

Read the law

official Montana Code Annotated, live codified text, leg.mt.gov

Back to the example  ·  Lint your app