Montana AI Laws and Regulation (2026)

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 safety in critical infrastructure. Private entities that use AI systems to manage critical infrastructure must:

• Implement shutdown capabilities that allow a return to human control
• Establish risk management policies based on recognized standards, such as the NIST AI Risk Management Framework
• Review these risk management policies annually
• Maintain fallback mechanisms for restoring human oversight

This requirement applies to 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. The law prohibits the distribution of unlabeled deepfakes depicting candidates within 60 days of an election.

Disclosure Requirement

AI-generated or AI-edited media is allowed if it is clearly marked as being artificially generated or edited. The law specifies different labeling requirements depending on the media type (print, broadcast, online, audio).

Enforcement and Penalties

SB 25 provides three levels of enforcement:

Enforcement Type	Action	Penalty
Civil relief	Candidate seeks court injunction	Injunction blocking distribution
Administrative	Commissioner of Political Practices investigates	Fine up to $500 per initial violation
Criminal	Referral after repeat offenses (3+ violations)	Up to 2 years in state prison (felony)

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

Violation Type	Penalty
Distributing technology to produce unauthorized replicas	$50,000 per incident or actual damages (whichever is greater)
Publishing or performing unauthorized replicas	$5,000 per incident or actual damages (whichever is greater)

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 proposed federal One Big Beautiful Bill Act includes provisions that could impose a moratorium on state AI legislation. If enacted, this could affect Montana's recently passed AI laws, potentially preempting state-level regulation in favor of a federal framework.

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): Companies operating AI-controlled critical infrastructure must implement shutdown capabilities and maintain risk management policies
• 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: Label all AI-generated or AI-edited political content within 60 days of an election
• 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

• Montana Recording Laws
• [Montana Data Privacy Laws](/us-laws/data-privacy-laws/montana-data-privacy-laws)
• Montana Surveillance Camera Laws
• Montana Background Check Laws
• Montana Whistleblower Laws
• All US AI Laws