Revenge Porn Laws in Montana (2026): Your Rights and What to Do

Is Revenge Porn Illegal in Montana?

Yes, though Montana handles it under its privacy statute rather than a dedicated 'revenge porn' offense. Mont. Code Ann. § 45-8-213 makes it unlawful to knowingly disclose an image of another person's intimate body parts or of the person engaged in sexual activity without consent, where there was a reasonable expectation of privacy.

The statute reaches situations where an image was originally shared privately, such as between partners, and later distributed to others without permission. It applies whether the sharing happens online, by text, or by other means.

Because this is a broader privacy statute rather than a purpose-built nonconsensual-pornography law, some fact patterns may also be charged under Montana's stalking, harassment, or unlawful use of electronic communications provisions depending on the circumstances.

Penalties for Sharing Intimate Images in Montana

A first violation of § 45-8-213 is generally charged as a misdemeanor, carrying up to six months in the county jail and a fine of up to $500. Courts can also impose probation conditions restricting further contact with the victim.

Repeat or aggravated conduct, such as sharing images to extort the victim or as part of a broader pattern of stalking or harassment, can result in additional or more serious charges being brought alongside the privacy offense, increasing potential jail time and fines.

Where the images involve a minor, Montana's child pornography and sexual exploitation of children statutes apply instead and carry substantially harsher felony penalties.

Can I Sue Someone in Montana?

Montana does not have a dedicated civil nonconsensual-pornography statute, but victims can generally pursue a civil claim under common-law privacy torts, such as public disclosure of private facts or intentional infliction of emotional distress, for damages caused by the disclosure.

Where the images were shared in breach of a written agreement between the two of you, that agreement can be used as evidence that there was no consent to share, supporting a related breach-of-contract claim.

Montana's general personal-injury limitation period is three years under Mont. Code Ann. § 27-2-204, so speak with a Montana attorney promptly to confirm which theory and deadline applies to your situation.

Does Montana Cover Deepfakes and AI Images?

It is unclear. Montana's privacy statute was not written with AI-generated or 'deepfake' images specifically in mind, and there is no confirmed amendment extending § 45-8-213 to synthetic images that only appear to depict a real person.

Victims of AI-generated intimate images should still preserve evidence and report to police, since related charges such as harassment may apply, and should rely on the federal TAKE IT DOWN Act, which requires covered platforms to remove qualifying nonconsensual images, including digital forgeries, within 48 hours of a valid report.

What to Do Right Now If Your Images Were Shared in Montana

1. 1

   Preserve the Evidence Before Reporting It

   Save screenshots showing the post, the account name, the full URL, and the date and time. Keep original messages and files, and store copies somewhere the other person cannot reach. Do not rely on a post staying online.

2. 2

   Use the Platform's Intimate-Image Report

   Choose the nonconsensual intimate imagery or sexual-content reporting route rather than a general complaint. Keep confirmation emails and case numbers. Covered platforms also have federal notice-and-removal duties for valid reports.

3. 3

   Use StopNCII.org to Limit Re-Uploads

   For adult images, StopNCII creates a digital fingerprint on your own device and shares the hash, not the image, with participating platforms. If the image was taken while you were under 18, use NCMEC's Take It Down service instead.

4. 4

   Report It in Montana

   Contact your local police department or sheriff's office and refer to Mont. Code Ann. § 45-8-213. Flag any threats, stalking, extortion, hacking or images of a minor, because separate and more serious offenses may apply.

5. 5

   Get Advice About the Civil Claim

   Ask a Montana attorney about a civil claim for public disclosure of private facts and about breach of any written agreement as evidence there was no consent to share. Montana's general personal-injury limitation period is three years.

Montana: Frequently Asked Questions

Sources

• Mont. Code Ann. § 45-8-213 — Privacy in Communications
• Montana Code Annotated, Title 27 — Limitation of Actions
• Montana Department of Justice, Office of Attorney General

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