Montana 2023 Regular Session

Montana House Bill HB234

Introduced
1/12/23  
Refer
1/13/23  
Engrossed
2/10/23  
Refer
3/13/23  
Enrolled
4/26/23  

Caption

Revise dissemination of obscene material to minors laws

Impact

The legislation introduces stricter regulations on how obscene material is treated in relation to minors, defining obscene material specifically and penalizing offenders who sell, present, or display such material to anyone under 18 years of age. These changes are expected to enhance protections for minors against inappropriate content, allowing local governments to adopt even more stringent regulations if they choose, which may create a more state-controlled approach to monitoring and regulating such material.

Summary

House Bill 234 aims to revise laws regarding the public display or dissemination of obscene material to minors in Montana. It seeks to clarify the distinction between the criminal offenses of obscenity and the display or dissemination of obscene material to minors. This includes revising key definitions, such as 'newsstand' and 'commercial establishment,' and asserting that neither term encompasses schools, libraries, or museums, thereby emphasizing their roles in the educational context.

Sentiment

The sentiment around HB 234 is notably polarized. Proponents argue that the bill is a necessary measure to protect minors from exposure to inappropriate content that could harm their development and well-being. Conversely, critics highlight concerns about the potential overreach of state authority into areas that could affect artistic expression and the educational functions of libraries and museums. The debate reflects broader cultural discussions regarding censorship and the definition of obscenity.

Contention

Key points of contention include the definitions of 'obscene material' and 'commercial establishment,' which have been carefully delineated to avoid ambiguity. Detractors of the bill warn that it might limit access to valuable educational resources and materials in libraries and schools, potentially imposing undue restrictions on institutions that serve minors. The balance between protecting minors and ensuring access to educational content remains a critical debate point.

Companion Bills

No companion bills found.

Previously Filed As

MT HB1221

Material that is obscene or harmful to minors.

MT HB672

Criminal Law - Display of Obscene Materials to Minors - Age Verification

MT SB382

Criminal Law - Display of Obscene Materials to Minors - Age Verification

MT SB81

To Amend The Law Concerning Libraries And Obscene Materials; To Create The Offense Of Furnishing A Harmful Item To A Minor; And To Amend The Law Concerning Obscene Materials Loaned By A Library.

MT H4123

Protection of Minors from Pornography and Obscenities Act

MT HB671

Criminal Law - Display of Obscene Material to Minors - Prohibition

MT SB355

Criminal Law - Display of Obscene Material to Minors - Prohibition

MT SB29

Crimes & offenses, changes age of a child for offenses involving obscene materials

MT SB765

Prohibits obscene or harmful materials from being accessible to minors in public schools and charter schools

MT SB9

Obscene material; modifying definition. Effective date.

Similar Bills

MI HB5569

Civil procedure: civil actions; cause of action for media that falsely depicts an individual engaging in sexual conduct; provide for. Creates new act.

CA SB896

False, misleading, deceptive, or unlawful advertising: goods or services: platforms.

MI HB4047

Civil procedure: civil actions; cause of action for media that falsely depicts an individual engaging in sexual conduct; provide for. Creates new act.

CA AB2915

False or misleading advertising.

MN SF1394

Cause of action establishment for nonconsensual dissemination of deep fake sexual images

MS HB1689

Election crime; create for dissemination of a deep fake within 90 days of an election.

IL SB1716

CRIM CD-NONCONSENSUAL DISSEM

MS SB2288

Images or audio altered or created by digitization; criminalize dissemination of in certain circumstances.