United States of America: Act criminalising the use of real and digitally fabricated sexually explicit images (HB 514) enters into force

On 1 October 2025, the Act revising privacy in communications law to address threats involving real or digitally fabricated intimate imagery (HB 514) enters into force in Montana. The Act amends Section 45-8-213 of the Montana Code to expand the offence of violating privacy in communications 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. It defines “digitally fabricated” as media generated or altered through artificial intelligence or similar technologies to realistically misrepresent an individual. The Act also extends provisions on harassment, extortion, and repeated lewd communications through traditional and electronic means. It includes exemptions for lawful conduct, such as disclosures made in the public interest, recordings conducted in public settings or as part of official duties, and activities related to journalism, education, or law enforcement. Penalties include misdemeanour charges for initial violations and felony charges for repeat offences or violations involving non-consensual image threats or disclosures.