- 2025
69th Legislature 2025 HB0752.3
- 1 - Authorized Print Version – HB 752
1 HOUSE BILL NO. 752
2 INTRODUCED BY L. SCHUBERT, V. RICCI, K. LOVE, R. GREGG, T. MILLETT, D. EMRICH, C. HINKLE, L.
3 JONES, G. NIKOLAKAKOS, M. NOLAND
4
5 A BILL FOR AN ACT ENTITLED: “AN ACT PROHIBITING CONTENT PROVIDERS FROM ALLOWING
6 ACCESS TO CHILD SEXUAL ABUSE MATERIAL IN MONTANA; PROVIDING A VICTIM THE RIGHT TO
7 BRING AN ACTION; PROVIDING FOR ENFORCEMENT BY THE DEPARTMENT OF JUSTICE; PROVIDING
8 FOR A PRIVATE RIGHT OF ACTION; PROVIDING A STATUTE OF LIMITATIONS; PROVIDING REMEDIES
9 AND APPORTIONMENT OF DAMAGES; AND PROVIDING DEFINITIONS; AND PROVIDING AN EFFECTIVE
10 DATE.”
11
12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
13
14 NEW SECTION. Section 1. As used in [sections 1 through 4], unless the context clearly
15 indicates otherwise, the following definitions apply:
16 (1) "Child sexual abuse material" means either:
17 (a) child pornography as defined in 18 U.S.C. 2256; or.
18 (b) obscene matter that depicts a minor personally engaging in, or personally simulating, sexually
19 explicit conduct.
20 (2) (a) "Content provider" means any person or entity that is responsible, in whole or in part, for the
21 active creation, production, publication, distribution, or storage of content provided through the internet or any
22 other interactive computer service. The term includes but is not limited to a website and software application
2342 U.S.C. 1862W(A)(2).
24 (b) The term does not include a portion of business activity that solely provides:
25 (i) hosting services to third parties, which includes server or HOSTING, database hosting,
26, E-MAIL HOSTING, CONTAINER HOSTING, DATA WAREHOUSE HOSTING, OR CLOUD COMPUTING
27; or
28 (ii) a general use browser that retrieves and displays information from an interactive computer - 2025
69th Legislature 2025 HB0752.3
- 2 - Authorized Print Version – HB 752
1 service without regard for the substance of the information;
2 (III) INTERNET SERVICES PROVIDER AS DEFINED IN 2-17-602;
3 (IV), MAINTENANCE, OR OPERATION OF PHYSICAL INTERNET INFRASTRUCTURE, WHICH
4 LINES,, SATELLITES, AND CELL TOWERS;
5 (V) ENGINE.
6 (3) "Department" means the department of justice provided for in 2-15-2001.
7 (4) "HYPERLINK" MEANS THE REPRESENTATION USING NUMBERS, LETTERS, AND SYMBOLS OF AN
8 INTERNET INTERNET .
9 (4)(5) "Interactive computer service" means any information service, system, or access software
10 provider that provides or enables computer access by multiple users to a computer server, including specifically
11 a service or system that provides access to the internet and such systems operated or services offered by
12 libraries or educational institutions.
13 (5)(6) "PRIVATE PERSON" MEANS ANY PERSON OTHER THAN AN OFFICER OR EMPLOYEE OF A STATE OR LOCAL
14.
15 (5)(6)(7) "Reasonably accessible" means that a person may obtain access by utilizing
16 reasonably available retail technology services, regardless of the general policies or practices of the content
17 provider or interactive computer service.
18 (8) "SEARCH ENGINE" MEANS TECHNOLOGY AND SYSTEMS THAT USE ALGORITHMS TO SIFT THROUGH AND
19-PARTY WEBSITES AND CONTENT ON THE INTERNET IN RESPONSE TO SEARCH QUERIES ENTERED BY A
20.
21 (6)(7)(9) "Sexually explicit" means involving actual or simulated:
22 (a) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether
23 between persons of the same or opposite sex;
24 (b) bestiality;
25 (c) masturbation;
26 (d) sadistic or masochistic abuse; or
27 (e) lascivious exhibition of the anus, genitals, or pubic area of any person.
28 (7)(8)(10) "Substantial amount" means an amount equal to or greater than 5% 30% of the total - 2025
69th Legislature 2025 HB0752.3
- 3 - Authorized Print Version – HB 752
1 visual content created, produced, published, distributed, maintained, or otherwise managed by the content
2 provider.
3 (11) "VICTIM" MEANS A PERSON WHO IS DEPICTED IN CHILD SEXUAL ABUSE MATERIAL AND THE TIME THE
4, IS A MINOR.
5
6 NEW SECTION. Section 2. (1) A content
7 provider who produces, publishes, distributes, or maintains a substantial amount of sexually explicit visual
8 content MONTANA may not produce,
9 publish, distribute, or maintain child sexual abuse material in a manner in which the material is reasonably
10 accessible in Montana.
11 (2) A content provider may not collect revenue or make a profit from distributing child sexual abuse
12 material to an individual A PERSON physically located in Montana, regardless of whether the material is produced
13 or created by a third party or regardless of how the revenue is generated.
14 (3) A CONTENT PROVIDER WHO GENERATES 50% OR MORE OF THE CONTENT PROVIDER'S INCOME FROM
15, PUBLICATION, OR DISTRIBUTION OF SEXUALLY EXPLICIT VISUAL CONTENT AND WHO HAS GENERATED
16$500,000 IN , PUBLISH, DISTRIBUTE, OR MAINTAIN CHILD SEXUAL ABUSE MATERIAL
17MONTANA.
18 (3)(4) In an action filed under [section 3] alleging a violation of this section, it is a defense that a
19 content provider removes visual content that contains child sexual abuse material within 48 96 hours of the
20 visual content being made reasonably accessible in Montana.
21 (5) IN AN ACTION FILED UNDER [SECTION 3] ALLEGING A VIOLATION OF THIS SECTION, IT IS A DEFENSE THAT
22[4] CAUSED THE ALLEGED
23THIS SECTION TO OCCUR BY UPLOADING OR OTHERWISE CAUSING THE CHILD SEXUAL ABUSE MATERIAL TO
24, PUBLISHED, DISTRIBUTED.
25 (6) IT IS NOT A VIOLATION OF THIS SECTION TO PRODUCE,, DISTRIBUTE, OR MAINTAIN A HYPERLINK
26 THIRD-PARTY WEBSITE IF THE HYPERLINK ,
27 THIRD-PARTY WEBSITE CONTAINS CHILD SEXUAL ABUSE MATERIAL.
28 (7) (A) NOTHING IN [SECTIONS 1 4] MAY BE CONSTRUED TO PLACE LIABILITY ON A CONTENT - 2025
69th Legislature 2025 HB0752.3
- 4 - Authorized Print Version – HB 752
1.
2 (B) REPORTS MADE TO LAW ENFORCEMENT BY A CONTENT PROVIDER
3 ADMITTED AS EVIDENCE OR OTHERWISE USED TO FORM THE FACTUAL BASIS OF AN ACTION BROUGHT
4[3].
5
6 NEW SECTION. Section 3.
7 (1) A person VICTIM, OR THE PARENT
818,
9 THAT IS ACCESSED who is injured by a IN violation of [section 2] may maintain an action to seek the
10 remedies available under [section 4] as well as restitution FOR A VIOLATION OF [2].
11 (2) The department has the authority to enforce [section 2] and may maintain an action to seek the
12 remedies available under [section 4]. The department shall serve a copy of the complaint on a victim who is
13 harmed by the violation alleged in the complaint if the identity of the victim can be reasonably ascertained.
14 (3)(2) For any violation of [section 2] not prosecuted by the victim under the authority in subsection
15 (1) or the department under the authority in subsection (2), a private person may maintain an action to seek the
16 remedies under [section 4].The PRIVATE person shall serve a copy of the complaint on a victim who is harmed
17 by the violation alleged in the complaint if the identity of the victim can be reasonably ascertained.
18 (4)(3) An action under subsection (1) must be brought within 50 15 years of the violation.
19 (5)(4) An action under subsection (2) or (3) must be brought within 40 10 years of the violation.
20 (6)(5) (A) A victim's failure to bring an action under subsection (1) or intervene in an action under
21 subsection (2) or (3) does not preclude a victim's ability to bring a tort action for an injury caused by a violation
22 of [section 2], but damages awarded in a tort action for the violation must be reduced by the amount of
23 damages paid to a victim under [section 4].
24 (B) AN ACTION BROUGHT UNDER SUBSECTION (2) DOES NOT PRECLUDE A SUBSEQUENT CLAIM BROUGHT
25(1) FOR RESTITUTION, COMPENSATORY DAMAGES, 50% THE COMBINED PUNITIVE
26:
27 (I)(2); AND
28 (II) RELIEF IS AWARDED TO THE VICTIM UNDER [SECTION 4] IN THE ACTION BROUGHT UNDER - 2025
69th Legislature 2025 HB0752.3
- 5 - Authorized Print Version – HB 752
1(2).
2 (7)(6) A person who meets an exception to the definition of content provider under [section 1(2)(b)]
3 and also engages in activity covered under the same definition may be found to be in violation of this section
4 only to the extent that the person engages in an activity prohibited under this section as a content provider.
5 (8)(7) For the purposes of this section, each single piece of visual content containing child sexual
6 abuse material constitutes a violation, regardless of whether the visual content is a copy or duplicate.
7
8 NEW SECTION. Section 4. (1) A plaintiff who
9 brings an action under [section 3] may seek any of the following:
10 (a) injunctive relief;
11 (b) declaratory relief;
12 (c) compensatory damages;
13 (d) punitive damages;
14 (e) statutory damages, which are the following amounts:
15 (i) $100,000 for a strict violation of [section 2];
16 (ii) $1,000,000 for a violation of [section 2] that is committed negligently or recklessly; or
17 (iii) no less than $5,000,000 for a violation of [section 2] that is committed purposely or knowingly;
18 and
19 (f) reasonable attorney fees and costs incurred in bringing the action.
20 (2) In addition to the remedies provided in subsection (1), a victim may seek restitution.
21 (3) For each unique violation under [section 2], a plaintiff's recovery of statutory damages is limited
22 to one subsection under subsection (1)(e)(i) through (1)(e)(iii).
23 (4) In an action in which the remedies under subsection (1) are ordered:
24 (a) compensatory damages for each violation must be paid to the victim; AND
25 (b) the amount of punitive and statutory damages must be apportioned for each violation as
26 follows:
27 (i) BROUGHT BY A PRIVATE PLAINTIFF A VICTIM IDENTIFIED BY THE
28,': - 2025
69th Legislature 2025 HB0752.3
- 6 - Authorized Print Version – HB 752
1 (A) 50% to a victim, or equally divided among multiple victims, if reasonably identified by the court
2 regardless of the victim's involvement as a plaintiff;
3 (ii)(B) 30% 35% to a private plaintiff or, if there is no private plaintiff, to a victim, or equally divided
4 among multiple victims, if reasonably identified by the court regardless of the victim's involvement as a plaintiff;
5
6 (iii)(C) the remaining amount 15% to the department to be deposited into a state special revenue
7 account to the credit of the department; and
8 (II) NONVICTIM PLAINTIFF:
9 (A) 80% TO A VICTIM,;
10 (B) 20% TO THE DEPARTMENT TO BE DEPOSITED INTO A STATE SPECIAL REVENUE ACCOUNT TO THE
11; OR
12 (III) AN ACTION BROUGHT BY A PRIVATE PLAINTIFF IN WHICH NO VICTIM IS REASONABLY IDENTIFIED BY
13
14 (A) 60% TO A PRIVATE PLAINTIFF; AND
15 (B) 40% TO THE DEPARTMENT TO BE DEPOSITED INTO A STATE SPECIAL REVENUE ACCOUNT TO THE
16.
17 (5) IF DAMAGES ARE AWARDED IN AN ACTION DESCRIBED IN SUBSECTION (4)(B)(III),
18 MUST BE REDUCED BY 50% AND THE REMAINING AMOUNT BE
19(4)(B)(III).
20 (c) attorney fees and costs shall be paid to the party who incurred the fees and costs.
21
22 NEW SECTION. Section 5. [Sections 1 through 4] are intended to be
23 codified as a new part of a new chapter of Title 30, and the provisions of Title 30 apply to [sections 1 through 4].
24
25 NEW SECTION. Section 6. If a part of [this act] is invalid, all valid parts that are
26 severable from the invalid part remain in effect. If a part of [this act] is invalid in one or more of its applications,
27 the part remains in effect in all valid applications that are severable from the invalid applications.
28 - 2025
69th Legislature 2025 HB0752.3
- 7 - Authorized Print Version – HB 752
1 NEW SECTION. SECTION 7. FFECTIVE DATE. [THIS ACT]OCTOBER 1, 2025.
2 - END -