MT SB413: Criminalize disclosure of certain explicit AI-generated media

In one paragraph

Montana's SB 413 (Chapter 606, 2025) creates the crime of disclosing explicit synthetic media (sexual deepfakes): knowingly or purposely disclosing it when the person knows or should know the identifiable person shown did not consent and would suffer substantial emotional distress; disclosing it to terrify, intimidate, threaten, harass or injure that person; or threatening disclosure to obtain money or other valuable consideration. Penalties: up to $1,000 and 1 year in jail; repeat convictions up to $10,000 and 5 years; up to $10,000 and 10 years if the person shown is under 18. Signed and effective May 13, 2025.

Plain-English summary, written with AI assistance. The official text controls.

What it means for business

No compliance duties for businesses; the act creates a crime. Online platforms are not liable for users' explicit synthetic media unless they intentionally aid or abet its disclosure.

Key provisions

1. 1Explicit synthetic media: synthetic media, also known as deepfakes, that depicts or appears to depict an identifiable individual engaged in sexual conduct, the individual's intimate parts (including artificially generated depictions), or the display or transfer of sexual bodily fluids onto or from the individual's body
2. 2Synthetic media: an image or video created or altered using technical means, including artificial intelligence, to realistically misrepresent an identifiable individual as engaging in conduct the individual did not engage in; an identifiable individual is recognizable by face, likeness or other distinguishing characteristic
3. 3Offense (knowingly or purposely): disclosing explicit synthetic media while knowing or reasonably should know that the person shown did not consent and that disclosure would cause substantial emotional distress; disclosing it with intent to terrify, intimidate, threaten, harass or injure the person; or possessing it and threatening to disclose it to obtain money or other valuable consideration, including sexually explicit images or video from the person
4. 4Penalties: fine up to $1,000, county jail up to 1 year, or both; second or subsequent conviction: fine up to $10,000, state prison up to 5 years, or both; if the person portrayed is under 18: fine up to $10,000, state prison up to 10 years, or both
5. 5Exceptions: disclosures made to report unlawful conduct, for legitimate scientific research or educational purposes, or in the normal course of legal proceedings consistent with common practices or protected by a court order barring further dissemination
6. 6Interactive computer services are not liable for content provided by another person unless they intentionally aid or abet the offense
7. 7Codified in Title 45, chapter 5, part 6, MCA; signed by the Governor May 13, 2025 (Chapter 606); effective on passage and approval, May 13, 2025, for offenses committed on or after that date

Latest legislative action

May 13, 2025. Signed by Governor (Chapter 606)

Sponsors

Roll call votes (showing 3 of 8)