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Bill

LC 3972

Criminalize use of real and digitally fabricated sexually explicit images

2025 Regular Session

Montana proposes criminalizing both nonconsensual authentic sexual images and AI-generated deepfakes of real people without consent.

(LC) Draft Delivered to Requester
#crimes #informationtechnology(seealso:communications)
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Bill Summary · LC 3972

Legislative bill overview

LC 3972 would criminalize the creation, distribution, and possession of sexually explicit images—both authentic photographs and digitally fabricated deepfakes—without consent. The bill appears designed to address both traditional nonconsensual pornography and the emerging problem of AI-generated synthetic sexual imagery.

Why is this important

Nonconsensual intimate images cause documented psychological harm to victims and constitute a form of sexual abuse. As deepfake technology becomes more accessible, the ability to create convincing fake sexual imagery of real people without their knowledge or consent represents a significant new harm vector that existing laws may not adequately address.

Potential points of contention

  • First Amendment concerns: Criminalization of digitally fabricated images raises free speech questions, particularly distinguishing between deepfakes created for harassment versus satire, parody, or artistic expression
  • Proof of harm and consent: Establishing lack of consent and proving intent in deepfake cases presents evidentiary challenges; defining what constitutes "use" versus mere creation may be legally ambiguous
  • Scope creep and overbreadth: The bill's applicability to both real and fabricated images could potentially criminalize consensually-created material or catch edge cases (fictional characters, AI training data) unintentionally

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

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