30-25-202 Prohibition on access to child sexual abuse material

30-25-202 . Prohibition on access to child sexual abuse material. (1) A content provider who produces, publishes, distributes, or maintains a substantial amount of sexually explicit visual content in a manner in which the visual content is reasonably accessible in Montana may not produce, publish, distribute, or maintain child sexual abuse material in a manner in which the material is reasonably accessible in Montana.

(2) A content provider may not collect revenue or make a profit from distributing child sexual abuse material to a person physically located in Montana, regardless of whether the material is produced or created by a third party or regardless of how the revenue is generated.

(3) A content provider who generates 50% or more of the content provider's income from the production, publication, or distribution of sexually explicit visual content and who has generated at least $500,000 in income may not produce, publish, distribute, or maintain child sexual abuse material in a manner in which the material is reasonably accessible in Montana.

(4) In an action filed under 30-25-203 alleging a violation of this section, it is a defense that a content provider removes visual content that contains child sexual abuse material within 96 hours of the visual content being made reasonably accessible in Montana.

(5) In an action filed under 30-25-203 alleging a violation of this section, it is a defense that the person maintaining an action to seek remedies available under 30-25-204 caused the alleged violation of this section to occur by uploading or otherwise causing the child sexual abuse material to be produced, published, distributed, or maintained by the content provider.

(6) It is not a violation of this section to produce, publish, distribute, or maintain a hyperlink to a third-party website if the hyperlink does not appear with visual content, regardless of whether the third-party website contains child sexual abuse material.

(7) (a) Nothing in this part may be construed to place liability on a content provider for reporting child sexual abuse material to law enforcement.

(b) Reports of child sexual abuse material made to law enforcement by a content provider may not be admitted as evidence in or otherwise used to form the factual basis of an action brought under 30-25-203 .