United States of America: Bill criminalising the use of real and digitally fabricated sexually explicit images (HB 514) was introduced to Montana House of Representatives

On 14 February 2025, a Bill revising privacy in communications law to address threats involving real or digitally fabricated intimate imagery was introduced to the Montana House of Representatives. The Bill would expand the scope of the offence to include the possession and threatened disclosure of real or digitally fabricated depictions of sexual conduct or intimate imagery of identifiable individuals, without their consent, for the purpose of obtaining money, items of value, or causing harm. “Digitally fabricated” would be defined as media generated or altered through artificial intelligence or similar technologies to realistically misrepresent an individual’s likeness. The Bill would extend existing prohibitions on harassment, extortion, and repeated lewd communications via electronic or traditional means. It would clarify exemptions for certain types of lawful conduct, including disclosures made in the public interest, recordings carried out in official duties or public settings, and uses by journalistic, educational, or law enforcement actors. Penalties would include misdemeanour charges for initial violations and felony charges for repeat offences or violations involving non-consensual threats or disclosures.