| Minnesota Criminal Justice Statute Service | Bureau of Criminal Apprehension

617.262.1(j)

Statute ID: 18899

Statute Function ID: 38423

Nonconsensual dissemination of a deep fake depicting intimate parts or acts - Sexual penetration

In Effect

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Details are only available for Penalty and Charging Statutes.

Statute Number:

617.262.1(j)

Enactment Date:

May 26, 2023

Effective Date:

Aug 1, 2023

Expiration Date:

Repealed?:

Summary Text:

Nonconsensual dissemination of a deep fake depicting intimate parts or acts - Sexual penetration

Statute ID:

18899

Created:

Jul 7, 2023 by mnjis.legal.analyst@state.mn.us

Updated:

Jul 7, 2023 by mnjis.legal.analyst@state.mn.us

Last Update Action:

Added

Legal Analyst Comment:

Summary Text:

Nonconsensual dissemination of a deep fake depicting intimate parts or acts - Sexual penetration

Link to MN Statute Text:

https://www.revisor.leg.state.mn.us/stats/617/262.html

Legislative Session:

2023 - Regular

Session Law Text?:

Statute text last updated on:

Jul 7, 2023

(a) For purposes of this section, the following terms have the meanings given.

(b) "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) that is so realistic that a reasonable person would believe it depicts speech or conduct of an individual; 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 individual" means an individual in a deep fake who appears to be engaging in speech or conduct in which the individual did not engage.

(d) "Dissemination" means distribution to one or more persons, other than the individual depicted in the deep fake, or publication by any publicly available medium.

(e) "Harass" means an act that would cause a substantial adverse effect on the safety, security, or privacy of a reasonable person.

(f) "Intimate parts" means the genitals, pubic area, anus, or partially or fully exposed nipple of an individual.

(g) "Personal information" means any identifier that permits communication or in-person contact with an individual, including:

(1) an individual's first and last name, first initial and last name, first name and last initial, or nickname;

(2) an individual's home, school, or work address;

(3) an individual's telephone number, email address, or social media account information; or

(4) an individual's geolocation data.

(h) "Sexual act" means either sexual contact or sexual penetration.

(i) "Sexual contact" means the intentional touching of intimate parts or intentional touching with seminal fluid or sperm onto another individual's body.

(j) "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.

(k) "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.