Bill to ban revenge porn introduced in Montana

Helena, Mont., Jan 17, 2019 / 12:04 am (CNA).- The state of Montana is considering a bill that would criminalize revenge porn – the circulation of nude photos of another person without their permission.

Montana is one of nine states in the U.S. that does not have a revenge porn law. The state failed to pass a bill banning revenge porn in 2017.

House Bill 192 has been sponsored by Rep. Marilyn Ryan, (D-Missoula), with help from Rep. Kimberly Dudik, (D-Missoula). A public hearing will be held at the House Judiciary Committee on Jan. 24.

Unlike the 2017 attempt, this bill would add a clause to the state’s statute on privacy in communications. The law would make it a felony to publish or distribute any type of nude or sexualized photos or videos without the consent of the person depicted.

Violators would face up to six months in jail or $500 in fines for a first offense, with repeat offenses being punished by up to five years in jail or $10,000 in fines.

“It’s pretty cut and dried as to, if you distribute those without the person’s consent, then you’re guilty. We don’t have to show that you also intended to cause fear in them or anything like that. Just the fact that you did it on purpose is enough,” said Dudik, according to the Missoula Current.

The bill allows for some exceptions, such as images published for work purposes by law enforcement officials, medical analysts, and news reporters.

Victim and activist Kristine Hamill will testify about her experience with revenge porn at the hearing at the end of this month. Her ex-husband had shared sexually explicit images of Hamill without her consent.

Last November, a court granted a forensic review of her ex-husband’s laptop, which had been used to spread the photos. The only way for the images to be removed from the internet at this point would be to copyright the original images.  

According to Missoula Current, Dudik expressed hope that the bill will pass, unlike the 2017 attempt that was unexpectedly killed on a final vote.

“I’m hopeful that our Legislature this time will understand that this isn’t a game, that this detrimentally impacts too many people’s lives and that people shouldn’t be allowed to act that way toward others and terrify them by the use of these images,” Dudik said.