Montana Code 30-14-158. Prohibition against tiktok — penalty — enforcement — definitions
30-14-158. (Temporary — effective January 1, 2024) Prohibition against tiktok — penalty — enforcement — definitions. (1) Tiktok may not operate within the territorial jurisdiction of Montana. An entity violates this prohibition when any of the following occurs within the territorial jurisdiction of Montana:
Terms Used In Montana Code 30-14-158
- Department: means the department of justice created in 2-15-2001. See Montana Code 30-14-102
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
(a)the operation of tiktok by the company or users; or
(b)the option to download the tiktok mobile application by a mobile application store.
(2)An entity that violates a provision of this section is liable in the amount of $10,000 for each discrete violation and is liable for an additional $10,000 each day thereafter that the violation continues.
(3)It is an affirmative defense to this section if the violating entity could not have reasonably known that the violation occurred within the territorial jurisdiction of Montana.
(4)Penalties under this section do not apply to law enforcement activities, national security interests and activities, security research activities, or essential government uses permitted by the governor on the information technology system of the state.
(5)Penalties in this section do not apply to users of tiktok.
(6)The department of justice shall enforce the provisions of this section.
(7)As used in this section, the following definitions apply:
(a)”Discrete violation” means each time that a user accesses tiktok, is offered the ability to access tiktok, or is offered the ability to download tiktok.
(b)”Entity” means a mobile application store or tiktok.
(c)”Mobile application” means a type of software program designed to run on a mobile device.
(d)”Territorial jurisdiction” means all places subject to the criminal jurisdiction of Montana.
(e)”Tiktok” means the social networking service owned by the Chinese company bytedance limited or any successors. (Void on occurrence of contingency–sec. 4, Ch. 503, L. 2023.)