WHAT THIS BILL REGULATES · 2 REQUIREMENT TYPES
How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
subd. 1 Subdivision 1. Definitions. (a) As used in this section, the following terms have the meanings given. (b) "Deep fakeDeep fake"Deep fake" means any video recording, motion-picture film, sound recording, electronic image, or photograph, or any technological representation of speech or conduct substantially derivative thereof: (1) which appears to authentically depict any speech or conduct of an individual who did not in fact engage in such speech or conduct; and (2) the production of which was substantially dependent upon technical means, rather than the ability of another individual to physically or verbally impersonate such individual.Minn. Stat. § 604.32, subd. 1(b)" means any video recording, motion-picture film, sound recording, electronic image, or photograph, or any technological representation of speech or conduct substantially derivative thereof: (1) which appears to authentically depict any speech or conduct of an individual who did not in fact engage in such speech or conduct; and (2) the production of which was substantially dependent upon technical means, rather than the ability of another individual to physically or verbally impersonate such individual. (c) "Depicted individualDepicted individual"Depicted individual" means an individual in a deep fake who appears to be engaging in speech or conduct in which the individual did not engage.Minn. Stat. § 604.32, subd. 1(c)" means an individual in a deep fakeDeep fake"Deep fake" means any video recording, motion-picture film, sound recording, electronic image, or photograph, or any technological representation of speech or conduct substantially derivative thereof: (1) which appears to authentically depict any speech or conduct of an individual who did not in fact engage in such speech or conduct; and (2) the production of which was substantially dependent upon technical means, rather than the ability of another individual to physically or verbally impersonate such individual.Minn. Stat. § 604.32, subd. 1(b) who appears to be engaging in speech or conduct in which the individual did not engage. (d) "Intimate partsIntimate parts"Intimate parts" means the genitals, pubic area, partially or fully exposed nipple, or anus of an individual.Minn. Stat. § 604.32, subd. 1(d)" means the genitals, pubic area, partially or fully exposed nipple, or anus of an individual. (e) "Personal informationPersonal information"Personal information" means any identifier that permits communication or in-person contact with a person, including: (1) a person's first and last name, first initial and last name, first name and last initial, or nickname; (2) a person's home, school, or work address; (3) a person's telephone number, email address, or social media account information; or (4) a person's geolocation data.Minn. Stat. § 604.32, subd. 1(e)" means any identifier that permits communication or in-person contact with a person, including: (1) a person's first and last name, first initial and last name, first name and last initial, or nickname; (2) a person's home, school, or work address; (3) a person's telephone number, email address, or social mediaSocial media"Social media" means any electronic medium, including an interactive computer service, telephone network, or data network, that allows users to create, share, and view user-generated content.Minn. Stat. § 617.262, subd. 1(k) account information; or (4) a person's geolocation data. (f) "Sexual actSexual act"Sexual act" means either sexual contact or sexual penetration.Minn. Stat. § 604.32, subd. 1(f)" means either sexual contactSexual contact"Sexual contact" means the intentional touching of intimate parts or intentional touching with seminal fluid or sperm onto another person's body.Minn. Stat. § 604.32, subd. 1(g) or sexual penetrationSexual penetration"Sexual penetration" means any of the following acts: (1) sexual intercourse, cunnilingus, fellatio, or anal intercourse; or (2) any intrusion, however slight, into the genital or anal openings of an individual by another's body part or an object used by another for this purpose.Minn. Stat. § 604.32, subd. 1(h). (g) "Sexual contactSexual contact"Sexual contact" means the intentional touching of intimate parts or intentional touching with seminal fluid or sperm onto another person's body.Minn. Stat. § 604.32, subd. 1(g)" means the intentional touching of intimate partsIntimate parts"Intimate parts" means the genitals, pubic area, partially or fully exposed nipple, or anus of an individual.Minn. Stat. § 604.32, subd. 1(d) or intentional touching with seminal fluid or sperm onto another person's body. (h) "Sexual penetrationSexual penetration"Sexual penetration" means any of the following acts: (1) sexual intercourse, cunnilingus, fellatio, or anal intercourse; or (2) any intrusion, however slight, into the genital or anal openings of an individual by another's body part or an object used by another for this purpose.Minn. Stat. § 604.32, subd. 1(h)" means any of the following acts: (1) sexual intercourse, cunnilingus, fellatio, or anal intercourse; or (2) any intrusion, however slight, into the genital or anal openings of an individual by another's body part or an object used by another for this purpose.
subd. 2(a)–(b) 1 Subd. 2. Nonconsensual dissemination of a deep fakeDeep fake"Deep fake" means any video recording, motion-picture film, sound recording, electronic image, or photograph, or any technological representation of speech or conduct substantially derivative thereof: (1) which appears to authentically depict any speech or conduct of an individual who did not in fact engage in such speech or conduct; and (2) the production of which was substantially dependent upon technical means, rather than the ability of another individual to physically or verbally impersonate such individual.Minn. Stat. § 604.32, subd. 1(b). (a) A cause of action against a person for the nonconsensual dissemination of a deep fakeDeep fake"Deep fake" means any video recording, motion-picture film, sound recording, electronic image, or photograph, or any technological representation of speech or conduct substantially derivative thereof: (1) which appears to authentically depict any speech or conduct of an individual who did not in fact engage in such speech or conduct; and (2) the production of which was substantially dependent upon technical means, rather than the ability of another individual to physically or verbally impersonate such individual.Minn. Stat. § 604.32, subd. 1(b) exists when: (1) a person disseminated a deep fakeDeep fake"Deep fake" means any video recording, motion-picture film, sound recording, electronic image, or photograph, or any technological representation of speech or conduct substantially derivative thereof: (1) which appears to authentically depict any speech or conduct of an individual who did not in fact engage in such speech or conduct; and (2) the production of which was substantially dependent upon technical means, rather than the ability of another individual to physically or verbally impersonate such individual.Minn. Stat. § 604.32, subd. 1(b) without the consent of the depicted individualDepicted individual"Depicted individual" means an individual in a deep fake who appears to be engaging in speech or conduct in which the individual did not engage.Minn. Stat. § 604.32, subd. 1(c); (2) the deep fakeDeep fake"Deep fake" means any video recording, motion-picture film, sound recording, electronic image, or photograph, or any technological representation of speech or conduct substantially derivative thereof: (1) which appears to authentically depict any speech or conduct of an individual who did not in fact engage in such speech or conduct; and (2) the production of which was substantially dependent upon technical means, rather than the ability of another individual to physically or verbally impersonate such individual.Minn. Stat. § 604.32, subd. 1(b) realistically depicts any of the following: (i) the intimate parts of another individual presented as the intimate parts of the depicted individualDepicted individual"Depicted individual" means an individual in a deep fake who appears to be engaging in speech or conduct in which the individual did not engage.Minn. Stat. § 604.32, subd. 1(c); (ii) artificially generated intimate partsIntimate parts"Intimate parts" means the genitals, pubic area, partially or fully exposed nipple, or anus of an individual.Minn. Stat. § 604.32, subd. 1(d) presented as the intimate parts of the depicted individualDepicted individual"Depicted individual" means an individual in a deep fake who appears to be engaging in speech or conduct in which the individual did not engage.Minn. Stat. § 604.32, subd. 1(c); or (iii) the depicted individualDepicted individual"Depicted individual" means an individual in a deep fake who appears to be engaging in speech or conduct in which the individual did not engage.Minn. Stat. § 604.32, subd. 1(c) engaging in a sexual actSexual act"Sexual act" means either sexual contact or sexual penetration.Minn. Stat. § 604.32, subd. 1(f); and (3) the depicted individualDepicted individual"Depicted individual" means an individual in a deep fake who appears to be engaging in speech or conduct in which the individual did not engage.Minn. Stat. § 604.32, subd. 1(c) is identifiable: (i) from the deep fakeDeep fake"Deep fake" means any video recording, motion-picture film, sound recording, electronic image, or photograph, or any technological representation of speech or conduct substantially derivative thereof: (1) which appears to authentically depict any speech or conduct of an individual who did not in fact engage in such speech or conduct; and (2) the production of which was substantially dependent upon technical means, rather than the ability of another individual to physically or verbally impersonate such individual.Minn. Stat. § 604.32, subd. 1(b) itself, by the depicted individualDepicted individual"Depicted individual" means an individual in a deep fake who appears to be engaging in speech or conduct in which the individual did not engage.Minn. Stat. § 604.32, subd. 1(c) or by another person; or (ii) from the personal informationPersonal information"Personal information" means any identifier that permits communication or in-person contact with a person, including: (1) a person's first and last name, first initial and last name, first name and last initial, or nickname; (2) a person's home, school, or work address; (3) a person's telephone number, email address, or social media account information; or (4) a person's geolocation data.Minn. Stat. § 604.32, subd. 1(e) displayed in connection with the deep fakeDeep fake"Deep fake" means any video recording, motion-picture film, sound recording, electronic image, or photograph, or any technological representation of speech or conduct substantially derivative thereof: (1) which appears to authentically depict any speech or conduct of an individual who did not in fact engage in such speech or conduct; and (2) the production of which was substantially dependent upon technical means, rather than the ability of another individual to physically or verbally impersonate such individual.Minn. Stat. § 604.32, subd. 1(b). (b) The fact that the depicted individualDepicted individual"Depicted individual" means an individual in a deep fake who appears to be engaging in speech or conduct in which the individual did not engage.Minn. Stat. § 604.32, subd. 1(c) consented to the creation of the deep fakeDeep fake"Deep fake" means any video recording, motion-picture film, sound recording, electronic image, or photograph, or any technological representation of speech or conduct substantially derivative thereof: (1) which appears to authentically depict any speech or conduct of an individual who did not in fact engage in such speech or conduct; and (2) the production of which was substantially dependent upon technical means, rather than the ability of another individual to physically or verbally impersonate such individual.Minn. Stat. § 604.32, subd. 1(b) or to the voluntary private transmission of the deep fakeDeep fake"Deep fake" means any video recording, motion-picture film, sound recording, electronic image, or photograph, or any technological representation of speech or conduct substantially derivative thereof: (1) which appears to authentically depict any speech or conduct of an individual who did not in fact engage in such speech or conduct; and (2) the production of which was substantially dependent upon technical means, rather than the ability of another individual to physically or verbally impersonate such individual.Minn. Stat. § 604.32, subd. 1(b) is not a defense to liability for a person who has disseminated the deep fakeDeep fake"Deep fake" means any video recording, motion-picture film, sound recording, electronic image, or photograph, or any technological representation of speech or conduct substantially derivative thereof: (1) which appears to authentically depict any speech or conduct of an individual who did not in fact engage in such speech or conduct; and (2) the production of which was substantially dependent upon technical means, rather than the ability of another individual to physically or verbally impersonate such individual.Minn. Stat. § 604.32, subd. 1(b) without consent.
subd. 3 Subd. 3. Damages. The court may award the following damages to a prevailing plaintiff from a person found liable under subdivision 2: (1) general and special damages, including all finance losses due to the dissemination of the deep fakeDeep fake"Deep fake" means any video recording, motion-picture film, sound recording, electronic image, or photograph, or any technological representation of speech or conduct substantially derivative thereof: (1) which appears to authentically depict any speech or conduct of an individual who did not in fact engage in such speech or conduct; and (2) the production of which was substantially dependent upon technical means, rather than the ability of another individual to physically or verbally impersonate such individual.Minn. Stat. § 604.32, subd. 1(b) and damages for mental anguish; (2) an amount equal to any profit made from the dissemination of the deep fakeDeep fake"Deep fake" means any video recording, motion-picture film, sound recording, electronic image, or photograph, or any technological representation of speech or conduct substantially derivative thereof: (1) which appears to authentically depict any speech or conduct of an individual who did not in fact engage in such speech or conduct; and (2) the production of which was substantially dependent upon technical means, rather than the ability of another individual to physically or verbally impersonate such individual.Minn. Stat. § 604.32, subd. 1(b) by the person who intentionally disclosed the deep fakeDeep fake"Deep fake" means any video recording, motion-picture film, sound recording, electronic image, or photograph, or any technological representation of speech or conduct substantially derivative thereof: (1) which appears to authentically depict any speech or conduct of an individual who did not in fact engage in such speech or conduct; and (2) the production of which was substantially dependent upon technical means, rather than the ability of another individual to physically or verbally impersonate such individual.Minn. Stat. § 604.32, subd. 1(b); (3) a civil penalty awarded to the plaintiff of an amount up to $10,000; and (4) court costs, fees, and reasonable attorney fees.
subd. 4(a)–(b) Subd. 4. Injunction; temporary relief. (a) A court may issue a temporary or permanent injunction or restraining order to prevent further harm to the plaintiff. (b) The court may issue a civil fine for the violation of a court order in an amount up to $1,000 per day for failure to comply with an order granted under this section.
subd. 5 Subd. 5. Confidentiality. The court shall allow confidential filings to protect the privacy of the plaintiff in cases filed under this section.
subd. 6(a)–(c) Subd. 6. Liability; exceptions. (a) No person shall be found liable under this section when: (1) the disseminationDissemination"Dissemination" means distribution to one or more persons, other than the person depicted in the deep fake, or publication by any publicly available medium.Minn. Stat. § 617.262, subd. 1(d) is made for the purpose of a criminal investigation or prosecution that is otherwise lawful; (2) the disseminationDissemination"Dissemination" means distribution to one or more persons, other than the person depicted in the deep fake, or publication by any publicly available medium.Minn. Stat. § 617.262, subd. 1(d) is for the purpose of, or in connection with, the reporting of unlawful conduct; (3) the disseminationDissemination"Dissemination" means distribution to one or more persons, other than the person depicted in the deep fake, or publication by any publicly available medium.Minn. Stat. § 617.262, subd. 1(d) is made in the course of seeking or receiving medical or mental health treatment, and the image is protected from further disseminationDissemination"Dissemination" means distribution to one or more persons, other than the person depicted in the deep fake, or publication by any publicly available medium.Minn. Stat. § 617.262, subd. 1(d); (4) the deep fakeDeep fake"Deep fake" means any video recording, motion-picture film, sound recording, electronic image, or photograph, or any technological representation of speech or conduct substantially derivative thereof: (1) which appears to authentically depict any speech or conduct of an individual who did not in fact engage in such speech or conduct; and (2) the production of which was substantially dependent upon technical means, rather than the ability of another individual to physically or verbally impersonate such individual.Minn. Stat. § 604.32, subd. 1(b) was obtained in a commercial setting for the purpose of the legal sale of goods or services, including the creation of artistic products for sale or display, and the depicted individualDepicted individual"Depicted individual" means an individual in a deep fake who appears to be engaging in speech or conduct in which the individual did not engage.Minn. Stat. § 604.32, subd. 1(c) knew, or should have known, that a deep fakeDeep fake"Deep fake" means any video recording, motion-picture film, sound recording, electronic image, or photograph, or any technological representation of speech or conduct substantially derivative thereof: (1) which appears to authentically depict any speech or conduct of an individual who did not in fact engage in such speech or conduct; and (2) the production of which was substantially dependent upon technical means, rather than the ability of another individual to physically or verbally impersonate such individual.Minn. Stat. § 604.32, subd. 1(b) would be created and disseminated; (5) the deep fakeDeep fake"Deep fake" means any video recording, motion-picture film, sound recording, electronic image, or photograph, or any technological representation of speech or conduct substantially derivative thereof: (1) which appears to authentically depict any speech or conduct of an individual who did not in fact engage in such speech or conduct; and (2) the production of which was substantially dependent upon technical means, rather than the ability of another individual to physically or verbally impersonate such individual.Minn. Stat. § 604.32, subd. 1(b) relates to a matter of public interest and disseminationDissemination"Dissemination" means distribution to one or more persons, other than the person depicted in the deep fake, or publication by any publicly available medium.Minn. Stat. § 617.262, subd. 1(d) serves a lawful public purpose; (6) the disseminationDissemination"Dissemination" means distribution to one or more persons, other than the person depicted in the deep fake, or publication by any publicly available medium.Minn. Stat. § 617.262, subd. 1(d) is for legitimate scientific research or educational purposes; or (7) the disseminationDissemination"Dissemination" means distribution to one or more persons, other than the person depicted in the deep fake, or publication by any publicly available medium.Minn. Stat. § 617.262, subd. 1(d) is made for legal proceedings and is consistent with common practice in civil proceedings necessary for the proper functioning of the criminal justice system, or protected by court order which prohibits any further disseminationDissemination"Dissemination" means distribution to one or more persons, other than the person depicted in the deep fake, or publication by any publicly available medium.Minn. Stat. § 617.262, subd. 1(d). (b) This section does not alter or amend the liabilities and protections granted by United States Code, title 47, section 230, and shall be construed in a manner consistent with federal law. (c) A cause of action arising under this section does not prevent the use of any other cause of action or remedy available under the law.
subd. 7 Subd. 7. Jurisdiction. A court has jurisdiction over a cause of action filed pursuant to this section if the plaintiff or defendant resides in this state.
subd. 8 Subd. 8. Venue. A cause of action arising under this section may be filed in either: (1) the county of residence of the defendant or plaintiff or in the jurisdiction of the plaintiff's designated address if the plaintiff participates in the address confidentiality program established by chapter 5B; or (2) the county where any deep fakeDeep fake"Deep fake" means any video recording, motion-picture film, sound recording, electronic image, or photograph, or any technological representation of speech or conduct substantially derivative thereof: (1) which appears to authentically depict any speech or conduct of an individual who did not in fact engage in such speech or conduct; and (2) the production of which was substantially dependent upon technical means, rather than the ability of another individual to physically or verbally impersonate such individual.Minn. Stat. § 604.32, subd. 1(b) is produced, reproduced, or stored in violation of this section.
subd. 9 Subd. 9. Discovery of disseminationDissemination"Dissemination" means distribution to one or more persons, other than the person depicted in the deep fake, or publication by any publicly available medium.Minn. Stat. § 617.262, subd. 1(d). In a civil action brought under subdivision 2, the statute of limitations is tolled until the plaintiff discovers the deep fakeDeep fake"Deep fake" means any video recording, motion-picture film, sound recording, electronic image, or photograph, or any technological representation of speech or conduct substantially derivative thereof: (1) which appears to authentically depict any speech or conduct of an individual who did not in fact engage in such speech or conduct; and (2) the production of which was substantially dependent upon technical means, rather than the ability of another individual to physically or verbally impersonate such individual.Minn. Stat. § 604.32, subd. 1(b) has been disseminated.
effective date EFFECTIVE DATE. This section is effective August 1, 2023, and applies to dissemination of a deep fakeDeep fake"Deep fake" means any video recording, motion-picture film, sound recording, electronic image, or photograph, or any technological representation of speech or conduct substantially derivative thereof: (1) which appears to authentically depict any speech or conduct of an individual who did not in fact engage in such speech or conduct; and (2) the production of which was substantially dependent upon technical means, rather than the ability of another individual to physically or verbally impersonate such individual.Minn. Stat. § 604.32, subd. 1(b) that takes place on or after that date.
This section creates a civil cause of action for depicted individuals whose intimate parts or sexual acts are realistically portrayed in a deep fake disseminated without their consent. The depicted individual must be identifiable either from the deep fake itself or from accompanying personal information. Consent to the creation or private transmission of the deep fake is expressly excluded as a defense.
Remedies include general and special damages (including financial losses and mental anguish), disgorgement of profits, a civil penalty up to $10,000, attorney fees, and injunctive relief. The court may impose a civil fine of up to $1,000 per day for violation of a court order. The statute of limitations is tolled until the plaintiff discovers the dissemination. Seven enumerated exemptions cover criminal investigations, reporting unlawful conduct, medical treatment, commercial artistic use, public interest, scientific research, and legal proceedings. The section expressly preserves 47 U.S.C. § 230 protections.
subd. 1 Subdivision 1. Definitions. (a) As used in this section, the following terms have the meanings given. (b) "CandidateCandidate"Candidate" means an individual who seeks nomination or election to a federal, statewide, legislative, judicial, or local office including special districts, school districts, towns, home rule charter and statutory cities, and counties.Minn. Stat. § 609.771, subd. 1(b)" means an individual who seeks nomination or election to a federal, statewide, legislative, judicial, or local office including special districts, school districts, towns, home rule charter and statutory cities, and counties. (c) "Deep fakeDeep fake"Deep fake" means any video recording, motion-picture film, sound recording, electronic image, or photograph, or any technological representation of speech or conduct substantially derivative thereof: (1) which appears to authentically depict any speech or conduct of an individual who did not in fact engage in such speech or conduct; and (2) the production of which was substantially dependent upon technical means, rather than the ability of another individual to physically or verbally impersonate such individual.Minn. Stat. § 604.32, subd. 1(b)" means any video recording, motion-picture film, sound recording, electronic image, or photograph, or any technological representation of speech or conduct substantially derivative thereof: (1) which appears to authentically depict any speech or conduct of an individual who did not in fact engage in such speech or conduct; and (2) the production of which was substantially dependent upon technical means, rather than the ability of another individual to physically or verbally impersonate such individual. (d) "Depicted individualDepicted individual"Depicted individual" means an individual in a deep fake who appears to be engaging in speech or conduct in which the individual did not engage.Minn. Stat. § 604.32, subd. 1(c)" means an individual in a deep fakeDeep fake"Deep fake" means any video recording, motion-picture film, sound recording, electronic image, or photograph, or any technological representation of speech or conduct substantially derivative thereof: (1) which appears to authentically depict any speech or conduct of an individual who did not in fact engage in such speech or conduct; and (2) the production of which was substantially dependent upon technical means, rather than the ability of another individual to physically or verbally impersonate such individual.Minn. Stat. § 604.32, subd. 1(b) who appears to be engaging in speech or conduct in which the individual did not engage.
subd. 2 2 Subd. 2. Use of deep fakeDeep fake"Deep fake" means any video recording, motion-picture film, sound recording, electronic image, or photograph, or any technological representation of speech or conduct substantially derivative thereof: (1) which appears to authentically depict any speech or conduct of an individual who did not in fact engage in such speech or conduct; and (2) the production of which was substantially dependent upon technical means, rather than the ability of another individual to physically or verbally impersonate such individual.Minn. Stat. § 604.32, subd. 1(b) to influence an election; violation. A person who disseminates a deep fakeDeep fake"Deep fake" means any video recording, motion-picture film, sound recording, electronic image, or photograph, or any technological representation of speech or conduct substantially derivative thereof: (1) which appears to authentically depict any speech or conduct of an individual who did not in fact engage in such speech or conduct; and (2) the production of which was substantially dependent upon technical means, rather than the ability of another individual to physically or verbally impersonate such individual.Minn. Stat. § 604.32, subd. 1(b) or enters into a contract or other agreement to disseminate a deep fakeDeep fake"Deep fake" means any video recording, motion-picture film, sound recording, electronic image, or photograph, or any technological representation of speech or conduct substantially derivative thereof: (1) which appears to authentically depict any speech or conduct of an individual who did not in fact engage in such speech or conduct; and (2) the production of which was substantially dependent upon technical means, rather than the ability of another individual to physically or verbally impersonate such individual.Minn. Stat. § 604.32, subd. 1(b) is guilty of a crime and may be sentenced as provided in subdivision 3 if the person knows or reasonably should know that the item being disseminated is a deep fakeDeep fake"Deep fake" means any video recording, motion-picture film, sound recording, electronic image, or photograph, or any technological representation of speech or conduct substantially derivative thereof: (1) which appears to authentically depict any speech or conduct of an individual who did not in fact engage in such speech or conduct; and (2) the production of which was substantially dependent upon technical means, rather than the ability of another individual to physically or verbally impersonate such individual.Minn. Stat. § 604.32, subd. 1(b) and disseminationDissemination"Dissemination" means distribution to one or more persons, other than the person depicted in the deep fake, or publication by any publicly available medium.Minn. Stat. § 617.262, subd. 1(d): (1) takes place within 90 days before an election; (2) is made without the consent of the depicted individualDepicted individual"Depicted individual" means an individual in a deep fake who appears to be engaging in speech or conduct in which the individual did not engage.Minn. Stat. § 604.32, subd. 1(c); and (3) is made with the intent to injure a candidateCandidate"Candidate" means an individual who seeks nomination or election to a federal, statewide, legislative, judicial, or local office including special districts, school districts, towns, home rule charter and statutory cities, and counties.Minn. Stat. § 609.771, subd. 1(b) or influence the result of an election.
subd. 3 Subd. 3. Use of deep fakeDeep fake"Deep fake" means any video recording, motion-picture film, sound recording, electronic image, or photograph, or any technological representation of speech or conduct substantially derivative thereof: (1) which appears to authentically depict any speech or conduct of an individual who did not in fact engage in such speech or conduct; and (2) the production of which was substantially dependent upon technical means, rather than the ability of another individual to physically or verbally impersonate such individual.Minn. Stat. § 604.32, subd. 1(b) to influence an election; penalty. A person convicted of violating subdivision 2 may be sentenced as follows: (1) if the person commits the violation within five years of one or more prior convictions under this section, to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both; (2) if the person commits the violation with the intent to cause violence or bodily harm, to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both; or (3) in other cases, to imprisonment for not more than 90 days or to payment of a fine of not more than $1,000, or both.
subd. 4 Subd. 4. Injunctive relief. A cause of action for injunctive relief may be maintained against any person who is reasonably believed to be about to violate or who is in the course of violating this section by: (1) the attorney general; (2) a county attorney or city attorney; (3) the depicted individualDepicted individual"Depicted individual" means an individual in a deep fake who appears to be engaging in speech or conduct in which the individual did not engage.Minn. Stat. § 604.32, subd. 1(c); or (4) a candidateCandidate"Candidate" means an individual who seeks nomination or election to a federal, statewide, legislative, judicial, or local office including special districts, school districts, towns, home rule charter and statutory cities, and counties.Minn. Stat. § 609.771, subd. 1(b) for nomination or election to a public office who is injured or likely to be injured by disseminationDissemination"Dissemination" means distribution to one or more persons, other than the person depicted in the deep fake, or publication by any publicly available medium.Minn. Stat. § 617.262, subd. 1(d).
effective date EFFECTIVE DATE. This section is effective August 1, 2023, and applies to crimes committed on or after that date.
This section creates a criminal offense for disseminating a deep fake — or contracting to disseminate a deep fake — within 90 days before an election, without the depicted individual's consent, with the intent to injure a candidate or influence election results. The knowledge standard is that the person knows or reasonably should know the content is a deep fake.
Penalties are tiered: base offenses carry up to 90 days imprisonment and/or a $1,000 fine; dissemination with intent to cause violence carries up to 1 year and/or $3,000; repeat offenders face up to 5 years and/or $10,000. Injunctive relief may be sought by the attorney general, county or city attorneys, the depicted individual, or an injured candidate. The provision does not include the exemptions found in the NCII sections, reflecting the distinct election-integrity focus.
subd. 1 Subdivision 1. Definitions. (a) For purposes of this section, the following terms have the meanings given. (b) "Deep fakeDeep fake"Deep fake" means any video recording, motion-picture film, sound recording, electronic image, or photograph, or any technological representation of speech or conduct substantially derivative thereof: (1) which appears to authentically depict any speech or conduct of an individual who did not in fact engage in such speech or conduct; and (2) the production of which was substantially dependent upon technical means, rather than the ability of another individual to physically or verbally impersonate such individual.Minn. Stat. § 604.32, subd. 1(b)" means any video recording, motion-picture film, sound recording, electronic image, or photograph, or any technological representation of speech or conduct substantially derivative thereof: (1) which appears to authentically depict any speech or conduct of an individual who did not in fact engage in such speech or conduct; and (2) the production of which was substantially dependent upon technical means, rather than the ability of another individual to physically or verbally impersonate such individual. (c) "Depicted individualDepicted individual"Depicted individual" means an individual in a deep fake who appears to be engaging in speech or conduct in which the individual did not engage.Minn. Stat. § 604.32, subd. 1(c)" means an individual in a deep fakeDeep fake"Deep fake" means any video recording, motion-picture film, sound recording, electronic image, or photograph, or any technological representation of speech or conduct substantially derivative thereof: (1) which appears to authentically depict any speech or conduct of an individual who did not in fact engage in such speech or conduct; and (2) the production of which was substantially dependent upon technical means, rather than the ability of another individual to physically or verbally impersonate such individual.Minn. Stat. § 604.32, subd. 1(b) who appears to be engaging in speech or conduct in which the individual did not engage. (d) "DisseminationDissemination"Dissemination" means distribution to one or more persons, other than the person depicted in the deep fake, or publication by any publicly available medium.Minn. Stat. § 617.262, subd. 1(d)" means distribution to one or more persons, other than the person depicted in the deep fakeDeep fake"Deep fake" means any video recording, motion-picture film, sound recording, electronic image, or photograph, or any technological representation of speech or conduct substantially derivative thereof: (1) which appears to authentically depict any speech or conduct of an individual who did not in fact engage in such speech or conduct; and (2) the production of which was substantially dependent upon technical means, rather than the ability of another individual to physically or verbally impersonate such individual.Minn. Stat. § 604.32, subd. 1(b), or publication by any publicly available medium. (e) "HarassHarass"Harass" means an act that would cause a substantial adverse effect on the safety, security, or privacy of a reasonable person.Minn. Stat. § 617.262, subd. 1(e)" means an act that would cause a substantial adverse effect on the safety, security, or privacy of a reasonable person. (f) "Intimate partsIntimate parts"Intimate parts" means the genitals, pubic area, partially or fully exposed nipple, or anus of an individual.Minn. Stat. § 604.32, subd. 1(d)" means the genitals, pubic area, or anus of an individual, or if the individual is female, a partially or fully exposed nipple. (g) "Personal informationPersonal information"Personal information" means any identifier that permits communication or in-person contact with a person, including: (1) a person's first and last name, first initial and last name, first name and last initial, or nickname; (2) a person's home, school, or work address; (3) a person's telephone number, email address, or social media account information; or (4) a person's geolocation data.Minn. Stat. § 604.32, subd. 1(e)" means any identifier that permits communication or in-person contact with a person, including: (1) a person's first and last name, first initial and last name, first name and last initial, or nickname; (2) a person's home, school, or work address; (3) a person's telephone number, email address, or social mediaSocial media"Social media" means any electronic medium, including an interactive computer service, telephone network, or data network, that allows users to create, share, and view user-generated content.Minn. Stat. § 617.262, subd. 1(k) account information; or (4) a person's geolocation data. (h) "Sexual actSexual act"Sexual act" means either sexual contact or sexual penetration.Minn. Stat. § 604.32, subd. 1(f)" means either sexual contactSexual contact"Sexual contact" means the intentional touching of intimate parts or intentional touching with seminal fluid or sperm onto another person's body.Minn. Stat. § 604.32, subd. 1(g) or sexual penetrationSexual penetration"Sexual penetration" means any of the following acts: (1) sexual intercourse, cunnilingus, fellatio, or anal intercourse; or (2) any intrusion, however slight, into the genital or anal openings of an individual by another's body part or an object used by another for this purpose.Minn. Stat. § 604.32, subd. 1(h). (i) "Sexual contactSexual contact"Sexual contact" means the intentional touching of intimate parts or intentional touching with seminal fluid or sperm onto another person's body.Minn. Stat. § 604.32, subd. 1(g)" means the intentional touching of intimate partsIntimate parts"Intimate parts" means the genitals, pubic area, partially or fully exposed nipple, or anus of an individual.Minn. Stat. § 604.32, subd. 1(d) or intentional touching with seminal fluid or sperm onto another person's body. (j) "Sexual penetrationSexual penetration"Sexual penetration" means any of the following acts: (1) sexual intercourse, cunnilingus, fellatio, or anal intercourse; or (2) any intrusion, however slight, into the genital or anal openings of an individual by another's body part or an object used by another for this purpose.Minn. Stat. § 604.32, subd. 1(h)" means any of the following acts: (1) sexual intercourse, cunnilingus, fellatio, or anal intercourse; or (2) any intrusion, however slight, into the genital or anal openings of an individual by another's body part or an object used by another for this purpose. (k) "Social mediaSocial media"Social media" means any electronic medium, including an interactive computer service, telephone network, or data network, that allows users to create, share, and view user-generated content.Minn. Stat. § 617.262, subd. 1(k)" means any electronic medium, including an interactive computer service, telephone network, or data network, that allows users to create, share, and view user-generated content.
subd. 2 3 Subd. 2. Crime. It is a crime to intentionally disseminate a deep fakeDeep fake"Deep fake" means any video recording, motion-picture film, sound recording, electronic image, or photograph, or any technological representation of speech or conduct substantially derivative thereof: (1) which appears to authentically depict any speech or conduct of an individual who did not in fact engage in such speech or conduct; and (2) the production of which was substantially dependent upon technical means, rather than the ability of another individual to physically or verbally impersonate such individual.Minn. Stat. § 604.32, subd. 1(b) when: (1) the actor knows or reasonably should know that the depicted individualDepicted individual"Depicted individual" means an individual in a deep fake who appears to be engaging in speech or conduct in which the individual did not engage.Minn. Stat. § 604.32, subd. 1(c) does not consent to the disseminationDissemination"Dissemination" means distribution to one or more persons, other than the person depicted in the deep fake, or publication by any publicly available medium.Minn. Stat. § 617.262, subd. 1(d); (2) the deep fakeDeep fake"Deep fake" means any video recording, motion-picture film, sound recording, electronic image, or photograph, or any technological representation of speech or conduct substantially derivative thereof: (1) which appears to authentically depict any speech or conduct of an individual who did not in fact engage in such speech or conduct; and (2) the production of which was substantially dependent upon technical means, rather than the ability of another individual to physically or verbally impersonate such individual.Minn. Stat. § 604.32, subd. 1(b) realistically depicts any of the following: (i) the intimate parts of another individual presented as the intimate parts of the depicted individualDepicted individual"Depicted individual" means an individual in a deep fake who appears to be engaging in speech or conduct in which the individual did not engage.Minn. Stat. § 604.32, subd. 1(c); (ii) artificially generated intimate partsIntimate parts"Intimate parts" means the genitals, pubic area, partially or fully exposed nipple, or anus of an individual.Minn. Stat. § 604.32, subd. 1(d) presented as the intimate parts of the depicted individualDepicted individual"Depicted individual" means an individual in a deep fake who appears to be engaging in speech or conduct in which the individual did not engage.Minn. Stat. § 604.32, subd. 1(c); or (iii) the depicted individualDepicted individual"Depicted individual" means an individual in a deep fake who appears to be engaging in speech or conduct in which the individual did not engage.Minn. Stat. § 604.32, subd. 1(c) engaging in a sexual actSexual act"Sexual act" means either sexual contact or sexual penetration.Minn. Stat. § 604.32, subd. 1(f); and (3) the depicted individualDepicted individual"Depicted individual" means an individual in a deep fake who appears to be engaging in speech or conduct in which the individual did not engage.Minn. Stat. § 604.32, subd. 1(c) is identifiable: (i) from the deep fakeDeep fake"Deep fake" means any video recording, motion-picture film, sound recording, electronic image, or photograph, or any technological representation of speech or conduct substantially derivative thereof: (1) which appears to authentically depict any speech or conduct of an individual who did not in fact engage in such speech or conduct; and (2) the production of which was substantially dependent upon technical means, rather than the ability of another individual to physically or verbally impersonate such individual.Minn. Stat. § 604.32, subd. 1(b) itself, by the depicted individualDepicted individual"Depicted individual" means an individual in a deep fake who appears to be engaging in speech or conduct in which the individual did not engage.Minn. Stat. § 604.32, subd. 1(c) or by another person; or (ii) from the personal informationPersonal information"Personal information" means any identifier that permits communication or in-person contact with a person, including: (1) a person's first and last name, first initial and last name, first name and last initial, or nickname; (2) a person's home, school, or work address; (3) a person's telephone number, email address, or social media account information; or (4) a person's geolocation data.Minn. Stat. § 604.32, subd. 1(e) displayed in connection with the deep fakeDeep fake"Deep fake" means any video recording, motion-picture film, sound recording, electronic image, or photograph, or any technological representation of speech or conduct substantially derivative thereof: (1) which appears to authentically depict any speech or conduct of an individual who did not in fact engage in such speech or conduct; and (2) the production of which was substantially dependent upon technical means, rather than the ability of another individual to physically or verbally impersonate such individual.Minn. Stat. § 604.32, subd. 1(b).
subd. 3(a)–(b) Subd. 3. Penalties. (a) Except as provided in paragraph (b), whoever violates subdivision 2 is guilty of a gross misdemeanor. (b) Whoever violates subdivision 2 may be sentenced to imprisonment for not more than three years or to payment of a fine of $5,000, or both, if one of the following factors is present: (1) the depicted person suffers financial loss due to the dissemination of the deep fakeDeep fake"Deep fake" means any video recording, motion-picture film, sound recording, electronic image, or photograph, or any technological representation of speech or conduct substantially derivative thereof: (1) which appears to authentically depict any speech or conduct of an individual who did not in fact engage in such speech or conduct; and (2) the production of which was substantially dependent upon technical means, rather than the ability of another individual to physically or verbally impersonate such individual.Minn. Stat. § 604.32, subd. 1(b); (2) the actor disseminates the deep fakeDeep fake"Deep fake" means any video recording, motion-picture film, sound recording, electronic image, or photograph, or any technological representation of speech or conduct substantially derivative thereof: (1) which appears to authentically depict any speech or conduct of an individual who did not in fact engage in such speech or conduct; and (2) the production of which was substantially dependent upon technical means, rather than the ability of another individual to physically or verbally impersonate such individual.Minn. Stat. § 604.32, subd. 1(b) with intent to profit from the disseminationDissemination"Dissemination" means distribution to one or more persons, other than the person depicted in the deep fake, or publication by any publicly available medium.Minn. Stat. § 617.262, subd. 1(d); (3) the actor maintains an Internet website, online service, online application, or mobile application for the purpose of disseminating the deep fakeDeep fake"Deep fake" means any video recording, motion-picture film, sound recording, electronic image, or photograph, or any technological representation of speech or conduct substantially derivative thereof: (1) which appears to authentically depict any speech or conduct of an individual who did not in fact engage in such speech or conduct; and (2) the production of which was substantially dependent upon technical means, rather than the ability of another individual to physically or verbally impersonate such individual.Minn. Stat. § 604.32, subd. 1(b); (4) the actor posts the deep fakeDeep fake"Deep fake" means any video recording, motion-picture film, sound recording, electronic image, or photograph, or any technological representation of speech or conduct substantially derivative thereof: (1) which appears to authentically depict any speech or conduct of an individual who did not in fact engage in such speech or conduct; and (2) the production of which was substantially dependent upon technical means, rather than the ability of another individual to physically or verbally impersonate such individual.Minn. Stat. § 604.32, subd. 1(b) on a website; (5) the actor disseminates the deep fakeDeep fake"Deep fake" means any video recording, motion-picture film, sound recording, electronic image, or photograph, or any technological representation of speech or conduct substantially derivative thereof: (1) which appears to authentically depict any speech or conduct of an individual who did not in fact engage in such speech or conduct; and (2) the production of which was substantially dependent upon technical means, rather than the ability of another individual to physically or verbally impersonate such individual.Minn. Stat. § 604.32, subd. 1(b) with intent to harassHarass"Harass" means an act that would cause a substantial adverse effect on the safety, security, or privacy of a reasonable person.Minn. Stat. § 617.262, subd. 1(e) the depicted person; (6) the actor obtained the deep fakeDeep fake"Deep fake" means any video recording, motion-picture film, sound recording, electronic image, or photograph, or any technological representation of speech or conduct substantially derivative thereof: (1) which appears to authentically depict any speech or conduct of an individual who did not in fact engage in such speech or conduct; and (2) the production of which was substantially dependent upon technical means, rather than the ability of another individual to physically or verbally impersonate such individual.Minn. Stat. § 604.32, subd. 1(b) by committing a violation of section 609.52, 609.746, 609.89, or 609.891; or (7) the actor has previously been convicted under this chapter.
subd. 4 Subd. 4. No defense. It is not a defense to a prosecution under this section that the person consented to the creation or possession of the deep fakeDeep fake"Deep fake" means any video recording, motion-picture film, sound recording, electronic image, or photograph, or any technological representation of speech or conduct substantially derivative thereof: (1) which appears to authentically depict any speech or conduct of an individual who did not in fact engage in such speech or conduct; and (2) the production of which was substantially dependent upon technical means, rather than the ability of another individual to physically or verbally impersonate such individual.Minn. Stat. § 604.32, subd. 1(b).
subd. 5 Subd. 5. Venue. Notwithstanding anything to the contrary in section 627.01, an offense committed under this section may be prosecuted in: (1) the county where the offense occurred; (2) the county of residence of the actor or victim or in the jurisdiction of the victim's designated address if the victim participates in the address confidentiality program established by chapter 5B; or (3) only if venue cannot be located in the counties specified under clause (1) or (2), the county where any deep fakeDeep fake"Deep fake" means any video recording, motion-picture film, sound recording, electronic image, or photograph, or any technological representation of speech or conduct substantially derivative thereof: (1) which appears to authentically depict any speech or conduct of an individual who did not in fact engage in such speech or conduct; and (2) the production of which was substantially dependent upon technical means, rather than the ability of another individual to physically or verbally impersonate such individual.Minn. Stat. § 604.32, subd. 1(b) is produced, reproduced, found, stored, received, or possessed in violation of this section.
subd. 6 Subd. 6. Exemptions. Subdivision 2 does not apply when: (1) the disseminationDissemination"Dissemination" means distribution to one or more persons, other than the person depicted in the deep fake, or publication by any publicly available medium.Minn. Stat. § 617.262, subd. 1(d) is made for the purpose of a criminal investigation or prosecution that is otherwise lawful; (2) the disseminationDissemination"Dissemination" means distribution to one or more persons, other than the person depicted in the deep fake, or publication by any publicly available medium.Minn. Stat. § 617.262, subd. 1(d) is for the purpose of, or in connection with, the reporting of unlawful conduct; (3) the disseminationDissemination"Dissemination" means distribution to one or more persons, other than the person depicted in the deep fake, or publication by any publicly available medium.Minn. Stat. § 617.262, subd. 1(d) is made in the course of seeking or receiving medical or mental health treatment, and the image is protected from further disseminationDissemination"Dissemination" means distribution to one or more persons, other than the person depicted in the deep fake, or publication by any publicly available medium.Minn. Stat. § 617.262, subd. 1(d); (4) the deep fakeDeep fake"Deep fake" means any video recording, motion-picture film, sound recording, electronic image, or photograph, or any technological representation of speech or conduct substantially derivative thereof: (1) which appears to authentically depict any speech or conduct of an individual who did not in fact engage in such speech or conduct; and (2) the production of which was substantially dependent upon technical means, rather than the ability of another individual to physically or verbally impersonate such individual.Minn. Stat. § 604.32, subd. 1(b) was obtained in a commercial setting for the purpose of the legal sale of goods or services, including the creation of artistic products for sale or display, and the depicted individualDepicted individual"Depicted individual" means an individual in a deep fake who appears to be engaging in speech or conduct in which the individual did not engage.Minn. Stat. § 604.32, subd. 1(c) knew, or should have known, that a deep fakeDeep fake"Deep fake" means any video recording, motion-picture film, sound recording, electronic image, or photograph, or any technological representation of speech or conduct substantially derivative thereof: (1) which appears to authentically depict any speech or conduct of an individual who did not in fact engage in such speech or conduct; and (2) the production of which was substantially dependent upon technical means, rather than the ability of another individual to physically or verbally impersonate such individual.Minn. Stat. § 604.32, subd. 1(b) would be created and disseminated; (5) the deep fakeDeep fake"Deep fake" means any video recording, motion-picture film, sound recording, electronic image, or photograph, or any technological representation of speech or conduct substantially derivative thereof: (1) which appears to authentically depict any speech or conduct of an individual who did not in fact engage in such speech or conduct; and (2) the production of which was substantially dependent upon technical means, rather than the ability of another individual to physically or verbally impersonate such individual.Minn. Stat. § 604.32, subd. 1(b) relates to a matter of public interest and disseminationDissemination"Dissemination" means distribution to one or more persons, other than the person depicted in the deep fake, or publication by any publicly available medium.Minn. Stat. § 617.262, subd. 1(d) serves a lawful public purpose; (6) the disseminationDissemination"Dissemination" means distribution to one or more persons, other than the person depicted in the deep fake, or publication by any publicly available medium.Minn. Stat. § 617.262, subd. 1(d) is for legitimate scientific research or educational purposes; or (7) the disseminationDissemination"Dissemination" means distribution to one or more persons, other than the person depicted in the deep fake, or publication by any publicly available medium.Minn. Stat. § 617.262, subd. 1(d) is made for legal proceedings and is consistent with common practice in civil proceedings necessary for the proper functioning of the criminal justice system, or protected by court order which prohibits any further disseminationDissemination"Dissemination" means distribution to one or more persons, other than the person depicted in the deep fake, or publication by any publicly available medium.Minn. Stat. § 617.262, subd. 1(d).
subd. 7 Subd. 7. Immunity. Nothing in this section shall be construed to impose liability upon the following entities solely as a result of content or information provided by another person: (1) an interactive computer service as defined in United States Code, title 47, section 230, paragraph (f), clause (2); (2) a provider of public mobile services or private radio services; or (3) a telecommunications network or broadband provider.
effective date EFFECTIVE DATE. This section is effective August 1, 2023, and applies to crimes committed on or after that date.
This section creates a criminal counterpart to the civil cause of action in § 604.32, criminalizing the intentional nonconsensual dissemination of a deep fake that realistically depicts an identifiable individual's intimate parts or sexual acts. The knowledge standard requires that the actor knows or reasonably should know the depicted individual does not consent.
The base offense is a gross misdemeanor. Enhanced penalties — up to 3 years imprisonment and/or a $5,000 fine — apply when aggravating factors are present, including financial harm to the depicted person, intent to profit, website posting, intent to harass, obtaining the deep fake through theft or surveillance, or prior conviction. Consent to creation or possession of the deep fake is expressly excluded as a defense. The section includes the same seven exemptions as the civil provision and expressly immunizes interactive computer services, mobile service providers, and broadband providers under 47 U.S.C. § 230.