Montana has some of the strictest and most dangerous sexting laws in the United States. Unlike states that have enacted specific “teen sexting” misdemeanors to separate foolish behavior from serious crimes, Montana does not have a specific sexting statute. This means minors who share explicit images can be charged with the exact same felony offenses as adult child predators: Sexual Abuse of Children.
Under Montana Code Annotated § 45-5-625, creating, possessing, or distributing explicit images of anyone under 18—even if you are also a minor—is a major felony carrying a mandatory minimum prison sentence of 4 years. The age of consent for sexual intercourse (16) does not apply to producing or possessing these images.
Key Points
- Specific Teen Sexting Law: No (General felony statutes apply)
- Primary Charge: Sexual Abuse of Children (§ 45-5-625)
- Age of Consent: 16 (for sex), but irrelevant for photos
- Minor-to-Minor Penalty: Potential 4-100 year felony
- Revenge Porn Law: No specific statute (Privacy laws used)
- Sex Offender Registration: Generally required for felonies
Penalties at a Glance
- Sexual Abuse of Children: 4 to 100 years prison
- Maximum Fine: $10,000
- Privacy Violation: Up to $500 fine / 6 months jail
- Defenses: No statutory “Romeo & Juliet” for photos
Table of Contents
- The Danger: No Specific Sexting Law
- Sexual Abuse of Children (§ 45-5-625)
- Penalties and Prison Time
- The “Consent” Trap
- Revenge Porn and Privacy Laws
- Sextortion and Coercion
- Sex Offender Registration
- What to Do If Charged
- Frequently Asked Questions
The Danger: No Specific Sexting Law
Most states have realized that teenagers exploring their sexuality through phones shouldn’t be treated like predatory criminals. They have passed “Romeo and Juliet” type laws or specific “teen sexting” misdemeanors with lighter penalties. Montana has not done this.
In Montana, if a 17-year-old girl sends a nude photo to her 17-year-old boyfriend, both can be charged with felonies:
- The Sender: Can be charged with production or distribution of child pornography.
- The Receiver: Can be charged with possession of child pornography.
Because there is no specific “middle ground” law, prosecutors have tremendous power. They can choose to charge a teenager with a life-altering felony, or they might choose to decline charges. This lack of a safety net makes sexting in Montana legally perilous.
Sexual Abuse of Children (§ 45-5-625)
The primary statute used to prosecute sexting cases is MCA § 45-5-625, titled “Sexual Abuse of Children.”
A person commits this offense if they knowingly:
- Employ, use, or induce a child to engage in prohibited sexual conduct (which includes creating visual material).
- Promote, distribute, or possess material depicting a child engaged in prohibited sexual conduct.
- Finance any of these activities.
“Prohibited Sexual Conduct”
The definition of “prohibited sexual conduct” is broad. It covers not just intercourse but also:
- Masturbation
- Lewd exhibition of the genitals
- Exhibition of the female breast
A standard “nude selfie” clearly falls under this definition.
Penalties and Prison Time
The penalties under MCA § 45-5-625 are among the harshest in the nation for this type of conduct. If convicted, the statute mandates:
- Prison Sentence: Not less than 4 years or more than 100 years.
- Fine: Up to $10,000.
There is a potential exception. The statute mentions “Except as provided in 46-18-219…” or if the judge finds an exception to mandatory minimums is warranted. However, starting from a baseline of a 4-year prison term for a teenager sending a photo is incredibly severe.
The “Consent” Trap
This is the most critical misunderstanding for Montana teens and parents.
The “Romeo and Juliet” Gap
Montana has a “Romeo and Juliet” type provision for physical sexual contact. Under MCA § 45-5-502, sexual intercourse without consent is sexual assault. However, if the victim is at least 16 years old, they are legally capable of consenting to sex.
THIS DOES NOT APPLY TO PHOTOS.
The law regarding images of minors (Sexual Abuse of Children) does not have a “consent” exception. A 16-year-old can legally consent to having sex with their 18-year-old partner, but if they take a photo of that act:
- The 16-year-old created child pornography.
- The 18-year-old possesses child pornography.
Consent is never a defense to a charge of possessing or distributing child pornography, even if the “child” took the photo themselves and sent it willingly.
Revenge Porn and Privacy Laws
Surprisingly, Montana is one of the few remaining states that does not have a specific “revenge porn” statute (non-consensual dissemination of intimate images). There have been attempts to pass such laws, but none have yet been codified into a specific standalone crime as of 2026.
Instead, prosecutors must rely on catch-all statutes like Privacy in Communications.
Privacy in Communications (§ 45-8-213)
Under MCA § 45-8-213, a person commits an offense if they use electronic communication with the purpose to:
- Terrify, intimidate, threaten, harass, or injure.
If someone shares a private nude photo to harass or “slut-shame” an ex-partner, they could be charged under this law. However, this is legally difficult if the intent wasn’t strictly “harassment” (e.g., just bragging to friends).
Penalties for Privacy Violation:
- First Offense: Fine up to $500 and/or 6 months in jail.
- Second Offense: Fine up to $1,000 and/or 1 year in jail.
- Third Offense: Fine up to $10,000 and/or 5 years in prison.
Sextortion and Coercion
If sexting involves threats—such as “send me a nude or I’ll beat you up” or “pay me or I’ll post your photos”—more serious charges apply.
- Intimidation (§ 45-5-203): Threatening harm to compel someone to do something against their will. This is a felony punishable by up to 10 years in prison.
- Theft/Extortion: If money is demanded.
Federal laws also apply heavily in sextortion cases, especially if they cross state lines (internet crimes almost always do).
Sex Offender Registration
Because teen sexting is charged under the general Sexual Abuse of Children statute, a conviction typically triggers the requirement to register as a sexual offender under the Sexual or Violent Offender Registration Act (MCA § 46-23-502).
Being on the registry has lifelong consequences:
- Publicly searchable database presence.
- Restrictions on where you can live (often cannot be near schools/parks).
- Restrictions on employment.
- Social stigma that lasts decades after the sentence is served.
What to Do If Charged
Given the extreme severity of Montana’s laws, if you or your child is investigated for sexting:
- Do Not Speak to Police: You cannot talk your way out of a felony. Anything you admit (“Yes, I sent it, but we’re dating!”) is a confession to a crime. Assert your right to remain silent and ask for a lawyer immediately.
- Do Not Delete Evidence (Yet): Once an investigation starts, deleting photos can be charged as Tampering with Physical Evidence (MCA § 45-7-207), another felony punishable by up to 10 years. Let your lawyer handle the evidence.
- Hire a Specialist: You need a criminal defense attorney familiar with sex crimes and juvenile justice. A general practitioner may not know the nuances of negotiating these specific felony charges down.
Frequently Asked Questions
Is sexting a felony in Montana?
Yes. Because there is no misdemeanor “sexting” law, it falls under Sexual Abuse of Children, which is a felony. While prosecutors may sometimes choose lesser charges or defer prosecution, the law itself defines it as a felony.
Can I be charged if I’m under 18?
Yes. Juveniles can be charged as delinquents in youth court. However, for serious sex offenses, there is always a risk of being charged as an adult depending on the age and circumstances.
Does the “Romeo and Juliet” law protect me?
Not for photos. Montana’s laws protecting close-in-age peers generally apply to consensual sexual contact, not the production or possession of child pornography.
Is it illegal to look at my boyfriend/girlfriend’s photos on their phone?
Merely looking might not be “possession,” but if you save, forward, or screenshot the image, you have possessed child pornography under the law.
What if I didn’t ask for the photo?
If you receive an unsolicited image, you generally have not committed a crime yet. However, if you keep it, save it, or forward it to anyone else, you have committed a crime. The safest action is to delete it immediately and tell the sender to stop.
What if the photo is just of breasts?
Montana law specifically includes “exhibition of the female breast” in its definition of prohibited sexual conduct for minors. It is illegal.
This article provides general legal information about Montana sexting laws as of February 2026. Laws change frequently, and this information should not be considered legal advice. If you are facing charges, consult with a qualified Montana criminal defense attorney immediately.