Montana
Montana AI Laws and Regulation (2026)
Independently fact-checked against primary sources (last audited August 20, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 20, 2026. · 4 primary sources cited on this page. How we verify our legal content
Montana regulates artificial intelligence through five laws enacted in 2025. The Right to Compute Act (SB 212) establishes a constitutional right to own and use AI systems, while HB 178 bars government entities from using AI for surveillance or behavioral manipulation and requires human review of AI decisions affecting individual rights.
Montana has emerged as one of the most active states in the nation on artificial intelligence legislation. During the 2025 legislative session, Governor Greg Gianforte signed five major AI-related bills into law, covering everything from a constitutional right to compute to deepfake criminalization and government AI restrictions.
What makes Montana's approach distinctive is its balance. The state simultaneously affirmed citizens' rights to use AI technology while imposing strict limits on how government can deploy it and criminalizing harmful uses like nonconsensual deepfakes. This dual focus on individual liberty and targeted protection positions Montana as a national leader in AI policy.
This guide covers every enacted AI law in Montana, how they work, their penalties, and how federal AI policy interacts with the state's framework. Whether you are a developer, business owner, or legal professional, this is your comprehensive resource for understanding AI law in Big Sky Country.
This article is for informational purposes only and does not constitute legal advice. Consult a licensed Montana attorney for guidance on specific situations.
The Right to Compute Act (SB 212)
Montana made national headlines when Governor Gianforte signed Senate Bill 212 into law on April 17, 2025, creating the Montana Right to Compute Act (MRTCA). This was the first law in the nation to affirm a constitutional right to own and use computational technology, including AI systems.
Constitutional Foundation
The MRTCA roots itself in two provisions of the Montana Constitution: the right to acquire, possess, and protect property under Article II, Section 3, and freedom of expression under Article II, Section 7. The Legislature found that these existing constitutional protections "embody the notion of a fundamental right to own and make use of technological tools, including computational resources."
This means any government restriction on the ability to privately own or use computational resources for lawful purposes must be "demonstrably necessary and narrowly tailored to fulfill a compelling government interest," such as public health or safety. This is the strictest standard of legal scrutiny, the same level applied to laws restricting fundamental rights like free speech.
What the Act Protects
The Right to Compute Act protects citizens' rights to own and use:
- Computer hardware and software
- Data processing tools
- AI systems and models
- Other computational resources
Government agencies cannot restrict access to these technologies unless they can demonstrate a compelling need that cannot be met through less restrictive means.
Critical Infrastructure Requirements
While protecting individual computing rights, the MRTCA also addresses AI in critical infrastructure. Under Mont. Code Ann. 2-10-205, when a critical infrastructure facility is controlled in whole or in part by a critical artificial intelligence system, the deployer must develop a risk management policy after deploying the system.
That policy must be reasonable and must consider the guidance and standards in the latest version of the NIST AI Risk Management Framework, the ISO/IEC artificial intelligence standard, or another nationally or internationally recognized risk management framework for AI systems. The statute adds that a plan prepared under federal requirements constitutes compliance with this section.
That is the whole of the obligation. Nothing in this section, or anywhere else in the Right to Compute Act, requires a shutdown capability, a human override, a fallback mechanism for returning control to a person, or any annual or periodic review of the policy. Those measures may be sound engineering practice, but Montana law does not mandate them.
The requirement reaches AI systems controlling power grids, water systems, transportation networks, and other critical infrastructure within Montana.
Intellectual Property Protections
The Act explicitly states that it does not alter, diminish, or interfere with rights and remedies available under federal or state intellectual property laws, including patent, copyright, trademark, and trade secret protections. This assures businesses that the right to compute does not override existing IP frameworks.
Government AI Restrictions (HB 178)
While SB 212 protects citizens' right to use AI, House Bill 178 takes the opposite approach for government. Signed by Governor Gianforte, the law establishes strict limits on how Montana government entities can deploy AI systems.
Prohibited Government Uses
Montana government entities are prohibited from using AI for:
- Cognitive behavioral manipulation: AI systems designed to influence or manipulate individuals' thought processes or behavior patterns
- Discriminatory classification: Using AI to classify individuals in ways that discriminate based on protected characteristics
- Malicious purposes: Deploying AI with the intent to cause harm
- Widespread surveillance: Using AI for broad monitoring of populations
Limited Exceptions
The law carves out narrow exceptions to the surveillance prohibition. Government entities may use AI-powered surveillance, including facial recognition, only to:
- Locate missing persons
- Identify suspects in serious crimes
- Identify deceased individuals (corpses)
These exceptions are narrowly defined, and any use must comply with existing constitutional protections.
Human Review Mandate
One of HB 178's most significant provisions requires that any AI-generated recommendations or decisions that could impact an individual's rights must be reviewed by a trained human in a responsible position. That human must have the authority to modify or reject the AI's recommendation.
This "human-in-the-loop" requirement ensures that government agencies cannot make consequential decisions about people's lives based solely on AI output. Whether it involves benefits determinations, licensing decisions, or enforcement actions, a qualified human must evaluate the AI's work.
Disclosure Requirements
Government entities must disclose when AI systems are used in public-facing interfaces or when producing materials shared with the public. There is a specific exemption for peace officers investigating crimes, where disclosure might compromise an ongoing investigation.
Deepfake Laws in Montana
Montana enacted three separate laws addressing different aspects of deepfake and synthetic media concerns.
SB 25: Election Deepfake Protections
Senate Bill 25, introduced by Senator Janet Ellis (D-Helena), made Montana the 25th state to enact AI deepfake election protections.
Who the Law Actually Covers
The prohibition in Mont. Code Ann. 13-35-802 is narrower than it is often described. It reaches a person, corporation, committee, political party, or other entity working in an official election capacity that pays for or sponsors the production, creation, or distribution of a covered communication containing what the entity knew or should have known is a deepfake. It is not a general ban on ordinary members of the public sharing AI-generated political content.
The window also does not run from election day. It runs within 60 days of the initiation of voting in an election, which in Montana's absentee-voting system begins meaningfully earlier than the election date itself.
Disclosure Requirement
AI-generated or AI-edited media is allowed if it carries the required disclosure stating that the content has been significantly edited or generated by artificial intelligence. The law specifies different labeling requirements depending on the media type (print, broadcast, online, audio).
Exemptions
The section does not apply to a deepfake that constitutes satire or parody. A broadcasting station may also air a deepfake as part of a bona fide newscast, news interview, news documentary, or on-the-spot coverage, provided the required disclaimer about the AI generation is included.
Enforcement and Penalties
SB 25, now codified at Mont. Code Ann. Title 13, chapter 35, part 8 (Deepfake Regulation), provides three tiers of enforcement:
| Enforcement Type | Action | Penalty |
|---|---|---|
| Civil relief | Candidate seeks court injunction | Injunction blocking distribution |
| Misdemeanor | Second sufficiency finding by the Commissioner of Political Practices, referred for misdemeanor prosecution | Fine up to $500, up to 6 months in county jail, or both |
| Felony | Third sufficiency finding by the Commissioner, referred for felony prosecution | Fine up to $5,000, up to 2 years in state prison, or both |
Candidates falsely depicted in unlabeled deepfakes have two options: filing for an injunction to stop distribution, or filing a complaint with the commissioner of political practices.
HB 514: Criminalization of Sexually Explicit Deepfakes
House Bill 514, signed May 13, 2025 and effective October 1, 2025, criminalizes the creation, possession, and distribution of digitally fabricated sexually explicit imagery.
What the Law Covers
HB 514 expands the scope of existing intimate imagery laws to include:
- Possession of real or digitally fabricated depictions of sexual conduct
- Threatened disclosure of such depictions
- Distribution of sexually explicit images of identifiable individuals without their consent
The law defines "digitally fabricated" as media generated or altered through artificial intelligence or similar technologies to realistically misrepresent an individual's likeness.
Penalties
| Offense | Classification | Maximum Fine | Maximum Imprisonment |
|---|---|---|---|
| First offense | Misdemeanor | Varies by circumstance | Up to 1 year |
| Subsequent offenses | Felony | $25,000 | Up to 5 years |
Exemptions
The law exempts certain lawful conduct, including:
- Disclosures made in the public interest
- Recordings carried out in official duties or public settings
- Uses by journalistic, educational, or law enforcement actors
HB 82: AI-Generated Child Exploitation Material
House Bill 82, which became law on April 7, 2025, specifically addresses computer-generated child pornography. The law amends Montana's sexual abuse of children statutes to include any visual depiction of minors, or adults altered to appear as minors, engaged in sexual acts when those depictions are generated by AI.
The bill makes clear that it is not a defense to claim that the perceived child is actually an adult or a law enforcement officer. This provision prevents offenders from arguing that no real child was harmed by AI-generated content.
Name, Voice, and Likeness Protections (HB 513)
House Bill 513, effective January 1, 2026, establishes comprehensive protections for individuals' personal identity attributes in the AI era.
Rights Established
Under HB 513, every Montana resident possesses inherent rights to their:
- Name
- Voice
- Visual likeness
These rights can be transferred or licensed, and they survive death, remaining valid for 20 years after an individual passes away unless specific conditions are met.
Penalties for Violations
HB 513 is codified at Mont. Code Ann. 30-14-1714, and the remedy it creates is compensatory rather than a fixed penalty. Subsection (4) provides that a violator "is liable to the injured person for the actual damages suffered by the person, plus any profits from the unauthorized use of the individual's name, voice, or visual likeness." The statute sets no dollar figure, no statutory-damages floor, and no per-incident amount.
| Violation Type | Remedy |
|---|---|
| Distributing, transmitting, or making available technology whose primary purpose is producing unauthorized replicas for commercial use, with actual and specific knowledge | Actual damages plus any profits from the unauthorized use |
| Intentionally publishing, performing, distributing, or making available an unauthorized digital voice or visual depiction for commercial use, with actual and specific knowledge | Actual damages plus any profits from the unauthorized use |
Both routes to liability carry an actual and specific knowledge element, so an inadvertent use is not covered. Subsection (5) adds a limited shield: a person who published an unauthorized depiction while holding an objectively reasonable belief that it was not an unauthorized depiction is not liable for actual damages, even if it later turns out to have been one.
Who Can Sue
Not only the individuals directly affected but also those to whom rights have been assigned or licensed can pursue legal claims against violators.
First Amendment Protections
HB 513 includes exceptions for uses protected under the First Amendment, including news reporting, commentary, and parody. This balances individual privacy rights against free speech concerns.
AI in Employment
Montana has not enacted AI-specific employment laws governing hiring algorithms, automated employment screening tools, or AI-driven workplace decisions. However, Montana's employment law framework provides relevant protections.
Montana is the only state with a wrongful discharge statute (the Wrongful Discharge from Employment Act), which prohibits termination without good cause after a probationary period. If an AI system recommends termination without good cause, the employer could face liability under this statute regardless of whether the decision was AI-assisted.
Federal anti-discrimination laws (Title VII, the ADA, and the ADEA) also apply to AI-assisted employment decisions in Montana. The EEOC has confirmed that employers remain liable for discriminatory outcomes produced by AI hiring tools.
AI in Healthcare
Montana's most significant healthcare AI proposal, HB 556, missed the 2025 transmittal deadline and did not become law. The bill would have restricted the use of AI by health insurance companies.
What HB 556 Would Have Required
The bill would have mandated that health insurance issuers using AI base their determinations on a covered person's individual medical history and clinical circumstances, rather than relying solely on group datasets. AI would not have been permitted to replace healthcare provider decision-making.
BlueCross BlueShield Montana opposed the bill, arguing it was not using AI to deny medical care, only to approve it. The bill's failure means Montana currently has no state-specific law governing AI use in healthcare or health insurance.
Federal regulations, including HIPAA and FDA oversight of AI-enabled medical devices, remain the primary framework for healthcare AI in Montana.
How Federal AI Policy Affects Montana
Montana's AI laws face a unique federal challenge. A December 2025 report noted that Trump's executive order prompted a federal review of Montana's AI laws, raising questions about potential preemption.
Trump Executive Order 14179
President Trump's Executive Order 14179 (January 23, 2025) revoked the Biden administration's EO 14110 and adopted a deregulatory approach. While Montana's Right to Compute Act aligns with the pro-innovation spirit of the order, some of Montana's more restrictive laws (particularly HB 178's government AI limits) could face scrutiny under federal preemption arguments.
The TAKE IT DOWN Act
The federal TAKE IT DOWN Act, signed May 2025, supplements Montana's HB 514 by criminalizing nonconsensual intimate deepfakes at the federal level with up to 3 years imprisonment. Montana residents benefit from both state and federal protections against this type of content.
The One Big Beautiful Bill Act
The One Big Beautiful Bill Act (H.R. 1) was signed into law on July 4, 2025, as Public Law 119-21. An earlier version would have imposed a moratorium on state AI legislation, but that provision was stripped from the bill before final Senate passage and is not part of the enacted law. Montana's five 2025 AI laws are not preempted by this Act.
What Montana's Laws Mean for Businesses
Montana's comprehensive AI legislation creates specific compliance obligations for businesses operating in the state.
Current Obligations
Businesses must comply with:
- SB 212 (Right to Compute Act): A company deploying an AI system that controls critical infrastructure must develop a reasonable risk management policy that considers a recognized AI risk framework. There is no statutory shutdown or human-override requirement
- HB 514: Do not create, possess, or distribute digitally fabricated sexually explicit imagery without consent
- HB 513: Do not use individuals' name, voice, or likeness without authorization, especially through AI replication technology
- SB 25: This duty falls on entities working in an official election capacity. If you pay for or sponsor political communications in that capacity, carry the required AI disclosure on generated or edited candidate content within 60 days of the initiation of voting. Ordinary businesses and individuals posting political content are not covered by this section
- HB 82: AI-generated child exploitation material carries the same penalties as traditional CSAM
Key Compliance Dates
| Law | Effective Date |
|---|---|
| HB 82 (AI child exploitation) | April 7, 2025 |
| SB 212 (Right to Compute Act) | April 17, 2025 |
| SB 25 (Election deepfakes) | 2025 |
| HB 514 (Intimate deepfakes) | October 1, 2025 |
| HB 513 (Name/voice/likeness) | January 1, 2026 |
More Montana Laws
Frequently Asked Questions
What is Montana's Right to Compute Act?
The Right to Compute Act (SB 212), signed April 17, 2025, is the nation's first law affirming a constitutional right to own and use computational resources, including AI systems. Any government restriction on computational resources must be 'demonstrably necessary and narrowly tailored to fulfill a compelling government interest.' Where a critical infrastructure facility is controlled by a critical AI system, the deployer must develop a reasonable risk management policy that considers a recognized framework such as the NIST AI Risk Management Framework. The Act does not require shutdown capability or human override.
Are deepfakes illegal in Montana?
Yes, in multiple contexts. HB 514 (effective October 1, 2025) criminalizes sexually explicit deepfakes, with first offenses as misdemeanors and repeat offenses as felonies carrying up to 5 years in prison and $25,000 in fines. SB 25 requires entities working in an official election capacity to disclose AI-generated or AI-edited candidate deepfakes they pay for or sponsor within 60 days of the initiation of voting, with exemptions for satire, parody, and bona fide newscasts. Violations escalate from a misdemeanor on a second finding (fine up to $500, up to 6 months in jail, or both) to a felony on a third finding (fine up to $5,000, up to 2 years in prison, or both). HB 82 extends child exploitation laws to AI-generated content.
Can Montana government agencies use AI for surveillance?
Only in very limited circumstances. HB 178 prohibits government entities from using AI for widespread surveillance, cognitive behavioral manipulation, discriminatory classification, or malicious purposes. Exceptions exist only for locating missing persons, identifying serious crime suspects, and identifying deceased individuals. Any AI decision affecting individual rights requires human review.
Does Montana protect my voice and likeness from AI cloning?
Yes. HB 513 (effective January 1, 2026) establishes that every Montana resident has inherent rights to their name, voice, and visual likeness. A person who distributes replica technology, or who publishes an unauthorized digital voice or visual depiction for commercial use, with actual and specific knowledge, is liable for the injured person's actual damages plus any profits from the unauthorized use. Montana's statute sets no fixed dollar penalty. These rights can be transferred and survive for 20 years after death.
Does Montana regulate AI in hiring or healthcare?
Montana has not enacted AI-specific employment or healthcare laws. HB 556, which would have restricted AI use by health insurers, missed the 2025 legislative deadline. Federal anti-discrimination laws and Montana's Wrongful Discharge from Employment Act apply to AI-assisted workplace decisions. Federal HIPAA and FDA regulations govern healthcare AI use in the state.
Updates
Corrected the Right to Compute Act section (the statute requires a reasonable risk management policy, not shutdown capability, human override, or annual review), replaced the incorrect $50,000 and $5,000 per-incident figures for HB 513 with the statute's actual remedy of actual damages plus profits, and narrowed the SB 25 election-deepfake description to the official-election-capacity actors the law actually covers.
Corrected SB 25's election-deepfake enforcement table to match the enacted statute (Mont. Code Ann. 13-35-804): a second violation is a misdemeanor (fine up to $500, up to 6 months in jail), not an administrative fine, and a third violation is a felony carrying both a fine up to $5,000 and up to 2 years in prison. Also fixed the description of the federal One Big Beautiful Bill Act, which was signed into law in July 2025 without the state AI-regulation moratorium the page had described as a live threat.
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Montana Code Annotated, Title 2
§ 2-10-204Right To ComputeIn force
2-10-204. Right to compute. Government actions that restrict the ability to privately own or make use of computational resources for lawful purposes, which infringes on citizens' fundamental rights to property and free expression, must be limited to those demonstrably necessary and narrowly tailored to fulfill a compelling government interest.
Official text (excerpt) · last checked 2026-09-03 · Read the full text in our law library · Verify at mca.legmt.gov
Montana Code Annotated, Title 13
§ 13-35-804PenaltiesIn force
13-35-804. Penalties. (1) A complaint of 13-35-802 may be filed with the commissioner of political practices pursuant to 13-37-111. A sufficiency finding from the commissioner of an investigation into a complaint filed under 13-37-111 is subject to civil penalties under 13-37-128 imposed by the commissioner or county attorney. (2) A second sufficiency finding by the commissioner must be referred to the county attorney for misdemeanor prosecution. Upon conviction, a violation is punishable by a fine of not more than $500, imprisonment in county jail for not more than 6 months, or both. (3) A third sufficiency finding by the commissioner must be referred to the attorney general or county attorney for felony prosecution. Upon conviction, a violation is punishable by a fine of not more than $5,000, imprisonment in the state prison for not more than 2 years, or both. (4) All penalties accruing under this section are cumulative to each other, and a suit for or recovery of one is not a bar to the recovery of any other penalty. (5) A prosecution under this section is not a bar to enforcement by injunction or other appropriate civil or administrative remedies.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at mca.legmt.gov
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Sources and References
- Montana SB 212 - Right to Compute Act (Signed Law)(archive.legmt.gov).gov
- Montana HB 178 - Limit Government Use of AI Systems(projects.montanafreepress.org)
- Montana SB 25 - Election Deepfake Law(legiscan.com)
- Montana HB 514 - Sexually Explicit Deepfake Criminalization(projects.montanafreepress.org)
- Montana HB 513 - Name, Voice, and Likeness Protections(projects.montanafreepress.org)
- Montana HB 82 - Computer-Generated Child Exploitation(legiscan.com)
- Montana HB 556 - AI in Health Insurance (Did Not Pass)(projects.montanafreepress.org)
- 25 States Enact Laws to Regulate Election Deepfakes(citizen.org)
- Trump Order Prompts Federal Review of Montana AI Laws(dailymontanan.com)
- Montana Lawmakers Build AI Framework(dailymontanan.com)
- Montana Emerges as Tech Policy Leader(pluribusnews.com)
- NIST AI Risk Management Framework(nist.gov).gov
- Mont. Code Ann. 13-35-804 - Penalties (Deepfake Regulation)(mca.legmt.gov).gov
- H.R. 1 - One Big Beautiful Bill Act (Public Law 119-21)(congress.gov).gov
- Mont. Code Ann. 2-10-205 - Infrastructure Controlled by Critical Artificial Intelligence System(mca.legmt.gov)
- Mont. Code Ann. 2-10-204 - Right to Compute(mca.legmt.gov)
- Mont. Code Ann. 30-14-1714 - Unauthorized Digital Replicas: Liability and Damages(mca.legmt.gov)
- Mont. Code Ann. 13-35-802 - Prohibition on Deepfakes in Election Communications(mca.legmt.gov)