Montana

Subnational jurisdiction · as of 2026-07-15

Montana has required age verification for pornographic websites since January 2024, and a private right of action survived a First Amendment challenge that was dismissed for lack of standing in 2025 after the state removed the Attorney General's enforcement authority. A 2025 privacy law amendment imposes a reasonable care duty for minors' data akin to the newer design code model used in Connecticut and Colorado. Montana has no social media minor access law or app store age verification law, and its biennial legislature does not meet again until 2027.

01

Instruments on record

SB 544, Revise Internet Laws Related to Material Harmful to Minors

In force

Mont. Code Ann. section 30-14-159

Effective 2024-01-01 · Applies to private

Requires commercial entities that knowingly publish or distribute material harmful to minors, where a substantial portion of the site is such material, to use reasonable age verification methods before granting access, and bars retention of identifying information after verification.

Age threshold18
Verification methodsdigital id, gov id, transactional data
PenaltiesCivil damages, court costs, and attorney fees, recoverable only by individuals pursuing a private claim
Enforcement bodyNo state agency enforcement; enforceable only through private civil claims after a 2025 amendment removed Attorney General enforcement authority
Private suitsyes

Litigation: Free Speech Coalition, Inc. v. Knudsen, No. 9:24-cv-00067 (U.S. District Court for the District of Montana). In August 2025 the court dismissed the plaintiffs' First Amendment challenge for lack of standing after Montana amended the law to remove the Attorney General's enforcement authority, leaving only a private right of action. The statute remains in effect.

Source: Mont. Code Ann. section 30-14-159

SB 297, Amendments to the Montana Consumer Data Privacy Act

In force

Mont. Code Ann. sections 30-14-2802, 30-14-2803, 30-14-2804, 30-14-2808, 30-14-2812, 30-14-2816, 30-14-2817

Effective 2025-10-01 · Applies to private

Amends Montana's consumer privacy law to require a controller that knows or willfully disregards that a consumer is a minor under 18 to use reasonable care to avoid a heightened risk of harm from an online service, product, or feature, and to complete a data protection assessment for offerings that pose such risk to minors.

Age threshold18
PenaltiesEnforcement under the Montana Consumer Data Privacy Act's existing civil penalty structure
Enforcement bodyMontana Department of Justice, Office of Consumer Protection
Private suitsno

Source: Mont. Code Ann. sections 30-14-2802, 30-14-2803, 30-14-2804, 30-14-2808, 30-14-2812, 30-14-2816, 30-14-2817