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Montana Legislature proposes constitutional amendment to enhance child pornography regulations

March 28, 2025 | Introduced House Bills, 2025 House and Senate Bills, Montana Legislation Bills, Montana


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Montana Legislature proposes constitutional amendment to enhance child pornography regulations
House Bill 921, introduced by Representative T. Millett on March 28, 2025, seeks to amend Article XIII of the Montana Constitution to enhance the regulation of child pornography. The bill aims to empower state and local governments to outlaw and penalize the distribution and receipt of child pornography, aligning state law with federal racketeering laws. Additionally, it proposes creating a private right of action, allowing individuals to sue those involved in such activities.

The key provisions of the bill include the explicit prohibition of any constitutional or legal interpretations that would allow the distribution or receipt of child pornography, reinforcing the state's authority to combat these crimes. It also grants individuals the standing to file lawsuits against offenders, with courts mandated to award injunctive relief and reasonable attorney fees to successful plaintiffs.

Debate surrounding House Bill 921 has been notable, with proponents arguing that it strengthens protections for children and aligns state law with federal standards. Critics, however, have raised concerns about potential overreach and the implications of allowing private citizens to initiate lawsuits, fearing it could lead to misuse or frivolous claims.

The bill's implications are significant, as it addresses a critical social issue while also raising questions about the balance between state authority and individual rights. If passed, it could lead to increased enforcement against child pornography in Montana, potentially influencing similar legislative efforts in other states.

As the legislative process continues, stakeholders from various sectors, including child advocacy groups and legal experts, are closely monitoring the bill's progress and its potential impact on both legal frameworks and community safety. The next steps will involve further discussions and potential amendments as the bill moves through the legislative process.

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