Revenge Porn Laws in Montana: What Victims Need to Know in 2026

What Montana Law Says

Montana addresses revenge porn under Montana Code Annotated Section 45-8-213, titled "Privacy in communications." The law classifies the offense as a misdemeanor for a first offense.

A first offense carries penalties of up to 6 months in county jail and a fine of up to $500. A second or later conviction is a felony, carrying up to 5 years in prison and fines up to $25,000. A 2025 amendment added digitally fabricated images, such as AI-generated images, and made it a crime to threaten to disclose such images to obtain money. Montana's law addresses NCII distribution with criminal penalties and provides escalating consequences for repeat offenders.

Review the statute at the Montana Legislature website.

What Counts as Revenge Porn in Montana

Montana's statute defines the offense through these elements. The content must be a real or digitally fabricated photo, image, or film of an identifiable person showing visible genitals, anus, buttocks, or an exposed female nipple, or the person in a real or simulated sexual act. The offender published, distributed, or disclosed it without the consent of the depicted person. The offender acted with the purpose to terrify, intimidate, threaten, harass, injure, or obtain money or other consideration.

Montana's law requires proof of one of these purposes, which can make some cases harder to prove. The law covers all distribution methods, including social media platforms like Reddit and Instagram, websites, messaging services, and email. The broad scope ensures coverage of all common methods of nonconsensual image sharing.

How to Report

Montana victims should take these steps:

  1. Preserve evidence — Screenshot everything, save URLs, document account information, and preserve all related communications.
  2. Contact law enforcement — File a report with your local police department, county sheriff, or Montana Highway Patrol. Reference MCA 45-8-213.
  3. Contact the county attorney — Each county has a county attorney who handles criminal prosecutions.
  4. Report to the FBI — File with the FBI IC3 for internet-based distribution.
  5. Seek a temporary order of protection — Montana courts can issue protective orders addressing harassment and image distribution.

Limitations of Criminal Law

Montana's vast geography and sparse population create unique challenges for enforcement. Many communities have limited law enforcement resources, and the technical expertise needed for digital crime investigation may not be available locally. Cases may need to be referred to the Montana Division of Criminal Investigation, which can add time to the process.

Misdemeanor cases may receive lower priority, and the criminal process takes time during which images remain online. Even a conviction does not result in automatic content removal from platforms or search engines. Courts can order defendants to remove content they posted, but cannot compel third-party platforms.

Identifying anonymous offenders in Montana's vast territory, combined with internet-based distribution, presents jurisdictional challenges that can significantly delay or prevent prosecution.

Removing the Content

Content removal is essential and should be pursued immediately.

The TAKE IT DOWN Act requires covered platforms to remove qualifying intimate imagery and make reasonable efforts to remove known identical copies within 48 hours of a valid request. The platform and request must meet the law's requirements. See FTC guidance; this is not a universal service turnaround guarantee.

StopNCII.org enables victims to create hashes of their images that participating platforms use to block future sharing.

IntimaShield provides professional NCII removal services that manage the complete takedown process across platforms, search engines, and the broader web.

See also: Idaho's revenge porn law for a neighboring mountain state comparison.

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