Montana Child Pornography Laws

Pornography, or material that depicts erotic behavior and is intended to cause sexual excitement, is generally a legally legitimate industry. However, if the material consists of child pornography, then it is banned in every state. In Montana, it is illegal to produce, distribute, or possess child pornography. Montana's child pornography laws are contained in the state's statute that criminalizes the sexual abuse of children, and is outlined in the table below.

Code Section

Montana Code section 45-5-625: Sexual Abuse of Children

What's Prohibited?

  • Knowingly employing, using, or permitting a child to be used in an exhibition of sexual conduct
  • Knowingly photographing, filming, developing photographs or film, or recording a child engaging in sexual conduct
  • Knowingly, by any means of communication, persuading, enticing, counseling, or procuring a child less than 16 years old (or a person the offender believes to be less than 16 years old) to engage in sexual conduct
  • Knowingly processing, developing, printing, publishing, transporting, distributing, selling, exhibiting, or advertising any depiction of a child engaging in sexual conduct
  • Knowingly possessing any visual depiction of a child engaging in sexual conduct
  • Possessing, with the intent to sell, any visual depiction of a child engaging in sexual conduct, or
  • Financing any of the activities described above while knowing that the activity is of the nature described in those sections

Definition of "Sexual Conduct"

Sexual conduct means, actual or simulated:

  • Sexual intercourse (between people of the same or opposite sex)
  • Penetration of the vagina or rectum by any object (except when done as part of a recognized medical procedure)
  • Bestiality
  • Masturbation
  • Sadomasochistic abuse
  • Lewd exhibition of the genitals, breasts, pubic or rectal area, or other intimate parts of any person
  • Defecation or urination for the purpose of the sexual stimulation of the viewer, or

Depicting the child in the nude (or in a state of partial undress) with the purpose of abusing, humiliating, harassing, or degrading the child or to arouse or gratify the person's own sexual response or desire or the sexual response or desire of any person.

Penalties

Generally, sexual abuse of children is punished by life in prison, or by imprisonment for a term not to exceed 100 years. Offenders may also be fined up to $10,000.

Additional Resources

State laws change frequently. For case specific information regarding Montana's child pornography laws contact a local criminal defense lawyer.

Next Steps: Search for a Local Attorney

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