Montana Child Pornography Laws

Code Section

What's Prohibited?

• Knowingly employing, using, or permitting a child to be used in an exhibition of sexual conduct
• Knowingly photographing, filming, developing photographs or film, or recording a child engaging in sexual conduct
• Knowingly, by any means of communication, persuading, enticing, counseling, or procuring a child less than 16 years old (or a person the offender believes to be less than 16 years old) to engage in sexual conduct
• Knowingly processing, developing, printing, publishing, transporting, distributing, selling, exhibiting, or advertising any depiction of a child engaging in sexual conduct
• Knowingly possessing any visual depiction of a child engaging in sexual conduct
• Possessing, with the intent to sell, any visual depiction of a child engaging in sexual conduct, or
• Financing any of the activities described above while knowing that the activity is of the nature described in those sections

Definition of "Sexual Conduct"

Sexual conduct means, actual or simulated:

• Sexual intercourse (between people of the same or opposite sex)
• Penetration of the vagina or rectum by any object (except when done as part of a recognized medical procedure)
• Bestiality
• Masturbation
• Sadomasochistic abuse
• Lewd exhibition of the genitals, breasts, pubic or rectal area, or other intimate parts of any person
• Defecation or urination for the purpose of the sexual stimulation of the viewer, or

Depicting the child in the nude (or in a state of partial undress) with the purpose of abusing, humiliating, harassing, or degrading the child or to arouse or gratify the person's own sexual response or desire or the sexual response or desire of any person.

Penalties