Representative Millett proposes constitutional amendment to empower civil injunctions against child exploitation and racketeering

Representative Tom Millett introduced House Bill 9 21, a proposed constitutional amendment intended to make explicit in Montana’s constitution that no law may authorize or protect the distribution or receipt of child sexual content and to create a private civil right of action allowing any person to sue to enjoin ongoing child exploitation or related racketeering.

The sponsor said the amendment would allow parents, victims or concerned citizens to seek civil injunctions — a lower preponderance‑of‑the‑evidence standard — to halt ongoing harm while criminal investigations proceed, which can take months. "This amendment would make Montana a bulwark against abusive and exploitation," he told the committee, arguing the dual civil/criminal track can stop harm immediately.

Derek Streicher, chief legal counsel for the Montana Family Foundation, testified in support and framed the measure as a tool to stop continuing abuse and organized exploitation while prosecutors build criminal cases. Proponents emphasized the constitutional amendment would send a clear public signal of the state's stance and enable civil remedies like freezing assets or shutting down channels used to exploit children.

Committee members asked whether the racketeering language — which invokes federal racketeering definitions — would reach conduct unconnected to child exploitation. The sponsor said he intended the racketeering language to capture organized criminal activity that facilitates child exploitation; others asked whether federal changes to racketeering definitions could affect the state constitutional language.

No formal opponents appeared at the hearing. Committee members requested clarification about overlaps with existing criminal statutes, the scope of the private right of action and whether the constitutional route is preferable to statutory tools. No final vote was recorded.