Montana Bill Would Allow Counties, Cities to Enact Obscenity Ordinances

HELENA, Mont. — A bill proposed by the Montana Citizens for Decency Through Law would allow counties and cities to enact their own obscenity ordinances.

Dallas Erickson, head of the group that originally wrote and submitted the idea, told XBIZ that the bill could be decided upon as early as next week and would allow communities to pass laws more restrictive than those of the state of Montana.

Rep. Ron Stoker, R-Darby, is sponsoring the bill. He was unavailable for comment at press time.

Erickson’s main concern is access to and dissemination of “harmful materials” to minors. The bill would require stores selling adult materials — both hardcore and softcore — to hide covers and move them to “out of sight and out of reach” areas.

The addition of softcore materials, including Hustler and Penthouse, is new, expanding the definition of obscenity in the state.

Erickson said the current law only applies to businesses and that “molesters can still show [obscene material to kids].” The change would make it a crime for anyone to show obscene material to minors.

Erickson also said any resident of the county or city can draft an ordinance, but “they’d better know what they’re doing to make it constitutional.”

He stressed that no proposed ordinance that is considered unconstitutional will be accepted. For example, charging facilities for prominently featuring R-rated films or the swimsuit editions of sports magazines cannot be considered harmful to minors.

Libraries and theaters will not be required to hide or remove mainstream content featuring nudity, such as National Geographic, and Erickson said worrying that they’d be charged for providing such content to minors is “silly.”

“No [library or theater] has ever been charged with obscenity,” Erickson said. Materials with “serious literary, scientific, artistic or political value for minors” are exempt from the definition.

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

AV Bulletin: Loopholes and Lawsuits

This roundup provides an update on the latest news and developments on the age verification front as it impacts the adult industry.

Utah 'Porn Tax' Bill Will Head to Governor's Desk

A bill that would tax adult websites and make them liable if minors circumvent geolocation has passed the Utah state legislature and will soon head to the office of Gov. Spencer Cox for signature or veto.

Pornhub to Restrict Access in Australia as AV Rules Take Effect

Pornhub parent company Aylo will restrict access to its free video-sharing platforms in Australia in response to new age verification regulations, the company confirmed Thursday.

House Committee Approves Online Safety Bill With Federal AV Requirement

The U.S. House of Representatives Committee on Energy and Commerce on Thursday passed the Kids Internet and Digital Safety (KIDS) Act, which includes provisions to make age verification by adult websites federal law.

Federal Judge Orders Refunds for Companies That Paid Trump Tariffs

A judge for the U.S. Court of International Trade on Wednesday ordered U.S. Customs and Border Protection to refund duties paid under the Trump administration’s sweeping program of tariffs.

House Committee to Weigh Online Safety Bill With Federal AV Requirement

The U.S. House of Representatives Committee on Energy and Commerce will meet Thursday to consider and potentially amend the Kids Internet and Digital Safety (KIDS) Act, which includes provisions to make age verification by adult websites federal law.

FSC Launches Privacy-First Age Verification Solution for Members

The Free Speech Coalition (FSC) announced today that it has granted members exclusive access to the PrivateAV age verification solution.

Brazil: New AV Requirements Set to Take Effect March 17

President Luiz Inácio Lula da Silva this week gave final approval to new regulations requiring adult websites to age-verify users located in Brazil starting March 17.

Utah 'Porn Tax' Bill With VPN Provisions Passes State Senate

The Utah state Senate has passed a bill that would impose a 2% tax on the revenues of adult websites doing business in that state, and make sites liable if Utah minors use VPNs to circumvent geolocation.

Show More