Montana
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.
Subnational jurisdiction. Reviewed 2026-07-15.
SB 544, Revise Internet Laws Related to Material Harmful to Minors
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.
- Citation
- Mont. Code Ann. section 30-14-159
- Status
- In force
- Effective date
- 2024-01-01
- Applies to
- Private sector
- Age threshold
- 18
- Verification methods
- digital id, gov id, transactional data
- Covered services
- Commercial websites where a substantial portion of published material is harmful to minors
- Penalties
- Civil damages, court costs, and attorney fees, recoverable only by individuals pursuing a private claim
- Enforcement body
- No state agency enforcement; enforceable only through private civil claims after a 2025 amendment removed Attorney General enforcement authority
- Private right of action
- yes
- 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
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.
- Citation
- 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
- Status
- In force
- Effective date
- 2025-10-01
- Applies to
- Private sector
- Age threshold
- 18
- Covered services
- Online services, products, or features offered to consumers known or reasonably believed to be minors
- Penalties
- Enforcement under the Montana Consumer Data Privacy Act's existing civil penalty structure
- Enforcement body
- Montana Department of Justice, Office of Consumer Protection
- Private right of action
- no
- 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
Reviewed 2026-07-15. Confidence: medium. Not legal advice.