Montana Child Pornography Laws

By Christie Nicholson, J.D. | Legally reviewed by FindLaw Staff | Last reviewed October 23, 2024

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Pornography — material that depicts erotic behavior and intends to cause sexual excitement — is a legitimate industry. But child pornography is against the law no matter where you live. In Montana, it is illegal to produce, distribute, or possess child pornography.

If law enforcement catches you engaging in child pornography — also called child sexual abuse material (CSAM) — they'll arrest you and file criminal charges. You should understand Montana law and know the penalties for these offenses. Not only will you face potential jail time, but you may also have to register as a sex offender. This will affect your personal and professional lives.

Here, we'll explain Montana's child pornography laws. We'll also discuss the penalties for this category of sex crimes.

Montana's Child Porn Laws at a Glance

There are state and federal laws against CSAM. The Montana legislature has passed various laws dealing with it. The chart below highlights Montana's laws, which criminalize the sexual abuse of children.

Code section

Montana Code section 45-5-625: Sexual Abuse of Children
What's prohibited?

Under Montana law, it is illegal to knowingly engage in the following behavior:

  • Employing or using a child in an exhibition of sexual conduct
  • Photographing or filming a child engaging in sexual acts
  • Disseminating or selling child porn by any means of communication, including electronic communications
  • Persuading or procuring a child less than 16 years of age to engage in sexual conduct
  • Processing, developing, printing, publishing, transporting, distributing, selling, exhibiting, or advertising any depiction of a child engaging in sexual activity
  • Possessing any visual depiction of a child engaging in sexual conduct or sexual exploitation
  • Possessing, with the intent to sell, any visual depiction of a child engaging in sexual conduct or
  • Financing any of the activities described above
Definition of 'sexual conduct'

Sexual conduct means actual or simulated:

  • Sexual intercourse without consent
  • Penetration of the vagina or rectum by any object
  • 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 sexual stimulation of the viewer
  • Depicting a child in the nude to abuse, humiliate, harass, or degrade the child for the defendant’s sexual arousal or gratification.
Penalties

Generally, sexual abuse of children in Montana is punishable by a prison sentence of up to 100 years and fines of up to $10,000. The minimum state prison sentence for a defendant convicted of this sexual offense is four years.

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state laws you are researching.

Consult a Montana Criminal Defense Attorney for Help

Montana takes child pornography seriously. If you're facing charges for CSAM, indecent exposure in front of a minor, or sexual assault, contact a local criminal defense lawyer. Your attorney will review your case and try to develop a strong defense. They'll also negotiate with the prosecutor to dismiss or reduce the criminal charges.

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