Senate Bill No. [number], introduced by L. Smith and others, aims to create the crime of disclosing explicit synthetic media, commonly known as deepfakes. The bill defines the offense as knowingly or purposely disclosing explicit synthetic media without the consent of the identifiable person portrayed, particularly if such disclosure would cause substantial emotional distress. It outlines specific circumstances under which the offense occurs, including intent to intimidate or harass, and establishes penalties for violations. A first offense may result in a fine of up to $1,000 or imprisonment for up to one year, while subsequent offenses or those involving minors carry harsher penalties.

The bill includes several important provisions, such as exemptions for disclosures made for reporting unlawful conduct, legitimate research, or legal proceedings. It also clarifies that interactive computer services are not liable for content provided by others unless they intentionally assist in the disclosure. The bill introduces new legal language, including an immediate effective date upon passage and applicability to offenses committed after the effective date. Additionally, it specifies that the new law will be codified as part of Title 45, chapter 5, part 6 of the Montana Code.