Bill > HB921

This bill proposes a constitutional amendment to Article XIII of the Montana Constitution that would explicitly prohibit the possession, distribution, or receipt of child pornography and other obscene or nonmailable material as defined by federal law. The amendment would grant the state of Montana and all local government entities the power to outlaw and punish such activities, regardless of any existing constitutional or legal provisions. Additionally, the bill creates a private right of action, allowing any person to sue individuals or entities that possess, distribute, or receive child pornography or obscene material, or knowingly aid and abet such activities. If a plaintiff prevails in such a lawsuit, the courts would be required to provide injunctive relief and reasonable attorney fees. The proposed amendment would require a two-thirds vote in the legislature for passage and would be submitted to Montana voters for approval in the November 2026 general election. By explicitly addressing child pornography in the state constitution, the bill aims to provide clear legal grounds for prosecuting and preventing such activities.

Justice

https://bills.legmt.gov/#/laws/bill/2/LC4309