United States of America: Bill criminalising non-consensual disclosure of explicit synthetic media depicting identifiable individuals (SB 413) was introduced to Montana Senate

On 21 February 2025, the Bill criminalising non-consensual disclosure of explicit synthetic media depicting identifiable individuals (SB 413) was introduced in the Montana Senate. The Bill would prohibit the knowing or purposeful disclosure of explicit synthetic media depicting an identifiable individual without that individual’s consent, where the disclosure would likely cause substantial emotional distress or would be made with the intent to terrify, threaten, harass, intimidate, or injure. It would also prohibit possession and threatened disclosure of such media with intent to obtain money or other valuable consideration. “Explicit synthetic media” would refer to AI-generated or otherwise fabricated media depicting sexual conduct or intimate body parts. The Bill would set out penalties of up to one year’s imprisonment and a USD 1'000 fine for a first offence, increasing to 5 years’ imprisonment or a fine of up to USD 10'000 for repeat violations, and 10 years if the individual depicted is under 18 years of age. It would include exemptions for disclosures in legal proceedings, public interest reporting, scientific research, and education, and would exclude liability for online platforms unless they knowingly assist in the violation.