HELENA -- Montana would be the 42nd state to criminalize nonconsensual pornography if a new bill introduced in the Montana Legislature becomes law.
Rep. Marilyn Ryan, D-Missoula, is sponsoring House Bill 192, which would make the distribution of sexual images of people without their consent a felony.
Kristine Hamill supported the bill during the House Judiciary Committee hearing on Monday. She said her husband had been posting nude photos of her online without her permission for 12 years.
“I’ve had to change everything. I cut off my hair, dyed my hair a different color. I still look over my shoulder when men approach me. Even in stores, I panic. Because, I think, ‘are they coming to me because they know what I look like naked?’ It’s affected my family,” Hamill said
The ACLU’s SK Rossi said while the ACLU agrees Montana needs a revenge porn law, the current proposed bill is too harsh.
“I’m not opposed to there being a way to prosecute the people who do this,” Rossi said. “I’m just really adamant that we put some sideboards in there that make sure we’re protecting first amendment rights and protecting defendant’s rights.”
A bill aimed at criminalizing revenge porn failed to pass the 2017 legislative session. While it moved through the House of Representatives, it failed to pass the final vote in the Senate by a vote of 0 to 50.
Kelsen Young with the Montana Coalition Against Sexual and Domestic Violence said the bill failed because of amendments that wouldn’t protect people who took images of themselves and willingly sent them to partners.
“Even if someone originally consented to the image, we want to make sure those people are covered as well,” said Young.
The committee is scheduled to vote on HB 192 later this week.
Tim Pierce is a reporter with the UM Legislative News Service, a partnership of the University of Montana School of Journalism, the Montana Broadcasters Association, the Greater Montana Foundation and the Montana Newspaper Association.