The proposed bill establishes a private right of action for individuals, including minors and their guardians, against drag king or drag queen performances, as well as those who promote or conduct such performances. It allows a minor who attends a performance in violation of existing laws to sue for damages, including actual damages for psychological, emotional, economic, and physical harm, reasonable attorney fees, and statutory damages of $5,000. The bill also sets a two-year statute of limitations for bringing such actions and provides specific definitions for "drag king," "drag queen," and "stripping," emphasizing the sexual and provocative nature of these performances.

Additionally, the bill amends Section 45-8-117 of the Montana Code Annotated by updating the definitions of "drag king" and "drag queen" to reflect their performances' sexual and provocative elements more accurately. It also introduces a new definition for "drag story hour," which involves drag performers reading to children while engaging in sexual activities, and modifies the definition of "nude" to include specific clothing criteria. The bill includes provisions for severability, ensuring that if any part of the act is deemed invalid, the remaining valid parts will still be in effect.

Statutes affected:
LC Text: 45-8-117