- 2025
69th Legislature 2025 HB 752
- 1 - Authorized Print Version – HB 752
ENROLLED BILL
AN ACT PROHIBITING CONTENT PROVIDERS FROM ALLOWING ACCESS TO CHILD SEXUAL ABUSE
MATERIAL IN MONTANA; PROVIDING A VICTIM THE RIGHT TO BRING AN ACTION; PROVIDING FOR
ENFORCEMENT BY THE DEPARTMENT OF JUSTICE; PROVIDING FOR A PRIVATE RIGHT OF ACTION;
PROVIDING A STATUTE OF LIMITATIONS; PROVIDING REMEDIES AND APPORTIONMENT OF
DAMAGES; AND PROVIDING DEFINITIONS; AND PROVIDING AN EFFECTIVE DATE.”
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. As used in [sections 1 through 4], unless the context clearly indicates
otherwise, the following definitions apply:
(1) "Child sexual abuse material" means either:
(a) child pornography as defined in 18 U.S.C. 2256; or.
(b) obscene matter that depicts a minor personally engaging in, or personally simulating, sexually
explicit conduct.
(2) (a) "Content provider" means any person or entity that is responsible, in whole or in part, for the
active creation, production, publication, distribution, or storage of content provided through the internet or any
other interactive computer service. The term includes but is not limited to a website and software application
social media platform as defined in 42 U.S.C. 1862w(a)(2).
(b) The term does not include a portion of business activity that solely provides:
(i) hosting services to third parties, which includes server or hosting, database hosting, application
hosting, e-mail hosting, container hosting, data warehouse hosting, or cloud computing providers; or
(ii) a general use browser that retrieves and displays information from an interactive computer
service without regard for the substance of the information; - 2025
69th Legislature 2025 HB 752
- 2 - Authorized Print Version – HB 752
ENROLLED BILL
(iii) an internet services provider as defined in 2-17-602;
(iv) ownership, maintenance, or operation of physical internet infrastructure, which includes but is
not limited to fiber optic lines, routers, satellites, and cell towers; or
(v) a search engine.
(3) "Department" means the department of justice provided for in 2-15-2001.
(4) "Hyperlink" means the representation using numbers, letters, and symbols of an internet
address in a form that an internet browser application can recognize as an internet address.
(4)(5) "Interactive computer service" means any information service, system, or access software
provider that provides or enables computer access by multiple users to a computer server, including specifically
a service or system that provides access to the internet and such systems operated or services offered by
libraries or educational institutions.
(6) "Private person" means any person other than an officer or employee of a state or local
government entity in this state.
(5)(7) "Reasonably accessible" means that a person may obtain access by utilizing reasonably
available retail technology services, regardless of the general policies or practices of the content provider or
interactive computer service.
(8) "Search engine" means technology and systems that use algorithms to sift through and index
as third-party websites and content on the internet in response to search queries entered by a user.
(6)(9) "Sexually explicit" means involving actual or simulated:
(a) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether
between persons of the same or opposite sex;
(b) bestiality;
(c) masturbation;
(d) sadistic or masochistic abuse; or
(e) lascivious exhibition of the anus, genitals, or pubic area of any person.
(7)(10) "Substantial amount" means an amount equal to or greater than 5% 30% of the total visual
content created, produced, published, distributed, maintained, or otherwise managed by the content provider.
(11) "Victim" means a person who is depicted in child sexual abuse material and, at the time the - 2025
69th Legislature 2025 HB 752
- 3 - Authorized Print Version – HB 752
ENROLLED BILL
person is depicted in the child sexual abuse material, is a minor.
Section 2. (1) A content provider who
produces, publishes, distributes, or maintains a substantial amount of sexually explicit visual content in a
manner in which the visual content is reasonably accessible in Montana may not produce, publish, distribute, or
maintain child sexual abuse material in a manner in which the material is reasonably accessible in Montana.
(2) A content provider may not collect revenue or make a profit from distributing child sexual abuse
material to an individual a person physically located in Montana, regardless of whether the material is produced
or created by a third party or regardless of how the revenue is generated.
(3) A content provider who generates 50% or more of the content provider's income from the
production, publication, or distribution of sexually explicit visual content and who has generated at least
$500,000 in income may not produce, publish, distribute, or maintain child sexual abuse material in a manner in
which the material is reasonably accessible in Montana.
(3)(4) In an action filed under [section 3] alleging a violation of this section, it is a defense that a
content provider removes visual content that contains child sexual abuse material within 48 96 hours of the
visual content being made reasonably accessible in Montana.
(5) In an action filed under [section 3] alleging a violation of this section, it is a defense that the
person maintaining an action to seek remedies available under [section 4] caused the alleged violation of this
section to occur by uploading or otherwise causing the child sexual abuse material to be produced, published,
distributed, or maintained by the content provider.
(6) It is not a violation of this section to produce, publish, distribute, or maintain a hyperlink to a
third-party website if the hyperlink does not appear with visual content, regardless of whether the third-party
website contains child sexual abuse material.
(7) (a) Nothing in [sections 1 through 4] may be construed to place liability on a content provider
for reporting child sexual abuse material to law enforcement.
(b) Reports of child sexual abuse material made to law enforcement by a content provider may not
be admitted as evidence in or otherwise used to form the factual basis of an action brought under [section 3]. - 2025
69th Legislature 2025 HB 752
- 4 - Authorized Print Version – HB 752
ENROLLED BILL
Section 3.
justice -- private right of action -- statute of limitations. (1) A person victim, or the parent or guardian of a
victim if the victim is currently under 18 years of age, depicted in child sexual abuse material that is accessed
who is injured by a in violation of [section 2] may maintain an action to seek the remedies available under
[section 4] as well as restitution for a violation of [section 2].
(2) The department has the authority to enforce [section 2] and may maintain an action to seek the
remedies available under [section 4]. The department shall serve a copy of the complaint on a victim who is
harmed by the violation alleged in the complaint if the identity of the victim can be reasonably ascertained.
(3)(2) For any violation of [section 2] not prosecuted by the victim under the authority in subsection
(1) or the department under the authority in subsection (2), a private person may maintain an action to seek the
remedies under [section 4].The private person shall serve a copy of the complaint on a victim who is harmed by
the violation alleged in the complaint if the identity of the victim can be reasonably ascertained.
(4)(3) An action under subsection (1) must be brought within 50 15 years of the violation.
(5)(4) An action under subsection (2) or (3) must be brought within 40 10 years of the violation.
(6)(5) (a) A victim's failure to bring an action under subsection (1) or intervene in an action under
subsection (2) or (3) does not preclude a victim's ability to bring a tort action for an injury caused by a violation
of [section 2], but damages awarded in a tort action for the violation must be reduced by the amount of
damages paid to a victim under [section 4].
(b) An action brought under subsection (2) does not preclude a subsequent claim brought by a
victim under subsection (1) for restitution, compensatory damages, or 50% of the combined punitive and
statutory damages if:
(i) the victim does not intervene in the action brought under subsection (2); and
(ii) no relief is awarded to the victim under [section 4] in the action brought under subsection (2).
(7)(6) A person who meets an exception to the definition of content provider under [section 1(2)(b)]
and also engages in activity covered under the same definition may be found to be in violation of this section
only to the extent that the person engages in an activity prohibited under this section as a content provider.
(8)(7) For the purposes of this section, each single piece of visual content containing child sexual
abuse material constitutes a violation, regardless of whether the visual content is a copy or duplicate. - 2025
69th Legislature 2025 HB 752
- 5 - Authorized Print Version – HB 752
ENROLLED BILLSection 4. (1) A plaintiff who brings an action
under [section 3] may seek any of the following:
(a) injunctive relief;
(b) declaratory relief;
(c) compensatory damages;
(d) punitive damages;
(e) statutory damages, which are the following amounts:
(i) $100,000 for a strict violation of [section 2];
(ii) $1,000,000 for a violation of [section 2] that is committed negligently or recklessly; or
(iii) no less than $5,000,000 for a violation of [section 2] that is committed purposely or knowingly;
and
(f) reasonable attorney fees and costs incurred in bringing the action.
(2) In addition to the remedies provided in subsection (1), a victim may seek restitution.
(3) For each unique violation under [section 2], a plaintiff's recovery of statutory damages is limited
to one subsection under subsection (1)(e)(i) through (1)(e)(iii).
(4) In an action in which the remedies under subsection (1) are ordered:
(a) compensatory damages for each violation must be paid to the victim; and
(b) the amount of punitive and statutory damages must be apportioned for each violation as
follows:
(i) in an action brought by a private plaintiff in which a victim is reasonably identified by the court,
regardless of the victim's involvement as a plaintiff:
(A) 50% to a victim, or equally divided among multiple victims, if reasonably identified by the court
regardless of the victim's involvement as a plaintiff;
(ii)(B) 30% 35% to a private plaintiff or, if there is no private plaintiff, to a victim, or equally divided
among multiple victims, if reasonably identified by the court regardless of the victim's involvement as a plaintiff;
and
(iii)(C) the remaining amount 15% to the department to be deposited into a state special revenue - 2025
69th Legislature 2025 HB 752
- 6 - Authorized Print Version – HB 752
ENROLLED BILL
account to the credit of the department; and
(ii) in an action brought by a victim in which there is not a nonvictim plaintiff:
(A) 80% to a victim, or equally divided among multiple victims; and
(B) 20% to the department to be deposited into a state special revenue account to the credit of the
department; or
(iii) in an action brought by a private plaintiff in which no victim is reasonably identified by the court:
(A) 60% to a private plaintiff; and
(B) 40% to the department to be deposited into a state special revenue account to the credit of the
department.
(5) If damages are awarded in an action described in subsection (4)(b)(iii), the combined amount
of punitive and statutory damages must be reduced by 50% and the remaining amount must be apportioned as
described in subsection (4)(b)(iii).
(c) attorney fees and costs shall be paid to the party who incurred the fees and costs.
Section 5. [Sections 1 through 4] are intended to be codified as a new part
of a new chapter of Title 30, and the provisions of Title 30 apply to [sections 1 through 4].
Section 6. If a part of [this act] is invalid, all valid parts that are severable from the
invalid part remain in effect. If a part of [this act] is invalid in one or more of its applications, the part remains in
effect in all valid applications that are severable from the invalid applications.
Section 7. [This act] is effective October 1, 2025.
- END - I hereby certify that the within bill,
HB 752, originated in the House.
___________________________________________
Chief Clerk of the House
___________________________________________
Speaker of the House
Signed this _______________________________day
of____________________________________, 2025.
___________________________________________
President of the Senate
Signed this _______________________________day
of____________________________________, 2025. HOUSE BILL NO. 752
INTRODUCED BY L. SCHUBERT, V. RICCI, K. LOVE, R. GREGG, T. MILLETT, D. EMRICH, C. HINKLE, L.
JONES, G. NIKOLAKAKOS, M. NOLAND
AN ACT PROHIBITING CONTENT PROVIDERS FROM ALLOWING ACCESS TO CHILD SEXUAL ABUSE
MATERIAL IN MONTANA; PROVIDING A VICTIM THE RIGHT TO BRING AN ACTION; PROVIDING FOR
ENFORCEMENT BY THE DEPARTMENT OF JUSTICE; PROVIDING FOR A PRIVATE RIGHT OF ACTION;
PROVIDING A STATUTE OF LIMITATIONS; PROVIDING REMEDIES AND APPORTIONMENT OF DAMAGES;
AND PROVIDING DEFINITIONS; AND PROVIDING AN EFFECTIVE DATE.”