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Committee hears bill to criminalize disclosure of nonconsensual explicit synthetic media
Summary
Senate Bill 413 would criminalize the disclosure of nonconsensual explicit synthetic media (deepfakes). Sponsor Senator Laura Smith and proponents described harms to victims; witnesses and members debated scope, platform liability carve-outs, and the bills uncertain fiscal impact.
Members of the House Judiciary Committee heard Senate Bill 413 on Jan. 16, which would create a new offense for disclosure of nonconsensual, sexually explicit synthetic media for adults. Sponsor Senator Laura Smith said the measure aims to address a growing problem in Montana and noted county attorneys are already investigating incidents.
"Imagine waking up one morning, and realizing that an image or video of you has been posted online of you doing something sexually explicit," Smith told the committee as she framed the bill. She said the proposed offense targets disclosure with harmful intent and that she plans an amendment to narrow liability for certain platforms.
Don Cape, appearing for the Coalition for Safety and Justice, supported the bill as a "great start" but warned Montana may lack enforcement capacity for technology-enabled harms. "I am not sure that Montana is prepared to enforce it," he said, urging the legislature to use the interim to refine enforcement mechanisms.
Aldina Bear Don't Walk, from the Office of the Public Defender, appeared on the fiscal note and told members the fiscal consequences are uncertain: "We cannot predict the impact that this bill would create," she said, noting the bill would create a misdemeanor for a first offense and a felony for repeat conduct.
Committee members pressed the sponsor about a liability carve-out for interactive computer services and platform providers. Vice Chair France and Representative Zephyr questioned whether exempting platforms from liability would be appropriate, given concerns about content moderation and platform policing. Senator Smith said the amendment intends to protect platform developers and large-scale infrastructure while focusing criminal liability on individuals who disclose explicit synthetic media with malicious intent.
Members also discussed First Amendment and evidence issues, and whether creation, possession, or disclosure should be penalized; the sponsor said the bill criminalizes disclosure with intent to harm rather than mere creation or possession. The committee did not vote; the sponsor said she would consider committee suggestions on platform liability language and return to the committee as the bill is refined.
