United States of America: Montana legislature adopted Bill criminalising the use of real and digitally fabricated sexually explicit images (HB 514)

On 6 May 2025, the Montana Legislature adopted the Bill revising privacy in communications law to address threats involving real or digitally fabricated intimate imagery (HB 514) following approval of amendments by both chambers. The Bill will now be sent to the Governor for approval. The Bill expands 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” is defined as media generated or altered through artificial intelligence or similar technologies to realistically misrepresent an individual’s likeness. The Bill extends existing prohibitions on harassment, extortion, and repeated lewd communications via electronic or traditional means. It clarifies 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 include misdemeanour charges for initial violations and felony charges for repeat offences or violations involving non-consensual threats or disclosures.