Montana
Information is updated monthly and is only shown for states with defined laws.
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| State/Terr | AI Scope | Relevant Law | Law Link | Effective Date | Key Requirements | Enforcements & Penalties |
|---|---|---|---|---|---|---|
| Montana | AI Intimate Images | Montana Explicit Synthetic Media Law | MCA Title 45, Chapter 5, Part 6 | May 12, 2025 | • Prohibits any person from knowingly disclosing (or threatening to disclose) explicit synthetic media without the individual's consent or with the intent to harm the individual. | Fines not to exceed $1,000 and imprisonment not to exceed 1 year; increasing to $10,000 and 5 years for a second or subsequent conviction, or $10,000 and 10 years for explicit synthetic media portraying an individual under 18 years of age. |
| Montana | AI Intimate Images | Privacy in Communications Law | MCA Section 45-8-213 | October 1, 2025 | • Expands offenses of violating privacy in communications to include possessing and threatening to disclose real or digitally fabricated sexual deepfakes with the purpose of obtaining money or other valuables. | Existing criminal penalties apply. |
| Montana | AI Likeness | Property Right in Use of Names, Voices, and Visual Likenesses | MCA Title 30, Chapter 14, Section 1 | January 1, 2026 | • Makes it unlawful for a person to intentionally publish, perform, distribute, transmit, or make available to the public a digital voice depiction or digital visual depiction for commercial use with actual or specific knowledge that the depiction is a digital voice depiction or digital visual depiction of the individual that was not authorized by the individual or the holder of the individual's property right (as well as distribution of any algorithm, software, tool, or other technology, service, or device with the actual and specific knowledge it will be used for such purposes). | A person who violates is liable to the injured person for the actual damages suffered by the person plus any profits from the unauthorized use of the individual's name, voice, or visual likeness. |
| Montana | AI in Political Advertising | AI Deepfakes in Elections | SB25 | October 1, 2025 | • Elections must not pay for or sponsor the production, creation, or distribution of a known election communication that has a deepfake of a candidate or political party on the ballot within 60 days of an election at which a candidate for office appears on the ballot. • This prohibition does not apply to an election communication or electioneering communication that includes a disclosure stating, "This _____ image / audio / video / multimedia) has been significantly edited by artificial intelligence and depicts speech or conduct that falsely appears to be authentic or truthful." | $5,000 maximum fine and up to 6 mo. imprisonment for the second violation, 2 years for the third violation. |
| Montana | AI in Government | Montana Government AI Use Law | HB178 | October 1, 2025 | • A government entity or state officer may not use an AI system to (1) manipulate a person or group; (2) classify a person or group based on behavior, socioeconomic status, or personal characteristics resulting in unlawful discrimination or a disparate impact based on an actual or perceived differentiating characteristic; (3) maliciously; or (4) surveil public spaces, except to locate a missing, endangered, or wanted person, or in conformity with laws regarding continuous facial surveillance. • If a government entity publishes material produced by an AI system not reviewed by a human, the material must be accompanied by a disclosure that the material was produced by an AI system. • If a government entity or state officer has an interface with the public that uses an AI system, the use of the AI system in the interface must be disclosed. • If an AI system produces a recommendation or decision for a government entity or state officer impacting one's rights or privileges, the recommendation or decision must be reviewed and is subject to rejection or modification by a human. | N/A |
| Montana | AI in Critical Infrastructure | Right to Compute Act | SB212 | April 16, 2025 | • When critical infrastructure facilities are controlled in whole or in part by a critical AI system, the deployer must develop a reasonable risk management policy that considers guidance and standards in the NIST AI Risk Management Framework, the ISO/IEC 4200 AI standard, or another nationally or internationally recognized risk management framework for AI systems. | N/A |
| Montana | Automated Decision-Making | Montana Consumer Data Privacy Act | Montana Code Ann. § 30-14-2801 et seq. | October 1, 2024 | • Provides consumers the right to opt-out of any form of automated processing performed on personal data to evaluate, analyze, or predict personal aspects related to an identified or identifiable individual’s economic situation, health, personal preferences, interests, reliability, behavior, location, or movements in furtherance of decisions that produce legal or similarly significant effects concerning the consumer (i.e., the provision or denial of financial or lending services, housing, insurance, education enrollment or opportunity, criminal justice, employment opportunities, health care services, or access to necessities like food and water). • Requires a data protection assessment of each processing activity involving such automated processing of personal data. Other obligations and restrictions may apply depending on the type of data processed. | Does not specify. |
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