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Representative proposes constitutional amendment to empower civil suits against child exploitation and related racketeering
Summary
Rep. Tom Mallett introduced HB921, a proposed constitutional amendment that would prohibit distribution/receipt of child sexual exploitation and allow private civil suits to enjoin ongoing exploitation or federal racketeering activity; proponents framed it as an additional tool to stop harm while criminal investigations proceed, while members questioned scope and federal linkage.
Representative Tom Mallett opened debate on House Bill 921, a proposed amendment to the Montana Constitution that would (1) affirm there is no right to distribute or receive child sexual exploitation in Montana, (2) empower state and local governments to outlaw and punish such conduct, and (3) create a private right of action allowing any person to sue to enjoin individuals or entities engaged in distribution of child sexual exploitation or certain racketeering activity.
Proponents said the measure would provide families and concerned citizens a civil mechanism to halt ongoing abuse while prosecutors build criminal cases. Derek A. Stryker of the Montana Family Foundation told the committee that civil injunctions can stop harm immediately and that the amendment would send a strong public message that Montana will not tolerate such exploitation.
Lawmakers expressed concerns about the amendment’s breadth—particularly the decision to include federal racketeering statutes in the text and the practical consequences of creating a broad private right of action for racketeering that can cover many forms of economic and non‑sexual criminal activity. Representatives asked whether the bill would bind Montana to future federal changes in the racketeering catalogue; proponents said the federal list provides an established baseline of predicate offenses for racketeering claims and that the civil tool is intended to stop organized exploitation as well as child sexual exploitation when interconnected.
No opponents appeared in the hearing record; proponents emphasized the amendment is intended to complement, not replace, criminal prosecutions by providing an immediate civil remedy to halt wrongdoing. The committee closed the hearing with members noting the high bar for constitutional amendments and several asking for more detail on implications and drafting.
