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Bill

HB 514

Criminalize use of real and digitally fabricated sexually explicit images

2025 Regular Session Introduced by Jill Cohenour

Montana criminalizes creation and distribution of non-consensual explicit images and sexually explicit deepfakes without consent.

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Bill Summary · HB 514

Legislative bill overview

HB 514 creates criminal penalties for the creation, distribution, and possession of sexually explicit images—both real photographs and digitally fabricated deepfakes—without consent. The bill has been signed into law in Montana as of May 2025, establishing it as a criminal offense with accompanying penalties.

Why is this important

This legislation addresses two distinct harms: non-consensual pornography (real explicit images shared without consent) and synthetic sexual abuse material (deepfakes used to falsely depict individuals in explicit scenarios). Both practices cause documented psychological harm to victims and have become increasingly common as technology enables easier creation and distribution.

Potential points of contention

  • Free speech concerns: Defining and criminalizing "digitally fabricated" images raises constitutional questions about where to draw the line between protected speech and criminal content, particularly for parody, satire, or artistic expression
  • Enforcement challenges: Distinguishing consensually created material from non-consensual material, and proving digital fabrication or lack of consent, may be technically difficult for prosecutors
  • Scope ambiguity: The bill's specific definitions of what constitutes criminal fabrication versus protected digital manipulation, and whether private possession (without distribution) triggers criminal liability, require clarification through court interpretation
  • Victim identification requirements: Questions about whether victims must file complaints or if prosecution is automatic, and how privacy is protected during investigation

Compiled from official sources — confirm details with the bill’s official record.

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