United States of America: Bill criminalising non-consensual disclosure of explicit synthetic media depicting identifiable individuals (SB 413) was signed by Governor

On 12 May 2025, the Governor of the State of Montana signed Bill criminalising non-consensual disclosure of explicit synthetic media depicting identifiable individuals (SB 413) into law. The Bill prohibits the knowing or purposeful disclosure of explicit synthetic media depicting an identifiable individual without that individual’s consent, where the disclosure is likely to cause substantial emotional distress, or is made with the intent to terrify, threaten, harass, intimidate, or injure. It also prohibits possession and threatened disclosure of such media with intent to obtain money or other valuable consideration. “Explicit synthetic media” refers to AI-generated or otherwise fabricated media depicting sexual conduct or intimate body parts. The Bill sets out penalties of up to one year’s imprisonment and a USD 1'000 fine for a first offence, escalating 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 includes exemptions for disclosures in legal proceedings, public interest reporting, scientific research, education, and excludes liability for online platforms unless they knowingly assist in the violation.