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617.262

Statute ID: 18888

Nonconsensual dissemination of a deep fake depicting intimate parts or acts

In Effect

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Details are only available for Penalty and Charging Statutes.

Statute Number:

617.262

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Repealed?: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

Statute ID:

18888

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:

New 2023 C58 Sect3; Effective 08/01/2023

Summary Text:

Nonconsensual dissemination of a deep fake depicting intimate parts or acts

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

Subdivision 1.  
(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.

Subd. 3.   
(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 individual suffers financial loss due to the dissemination of the deep fake;

(2) the actor disseminates the deep fake with intent to profit from the dissemination;

(3) the actor maintains an Internet website, online service, online application, or mobile application for the purpose of disseminating the deep fake;

(4) the actor posts the deep fake on a website;

(5) the actor disseminates the deep fake with intent to harass the depicted individual;

(6) the actor obtained the deep fake 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. 2.   
It is a crime to intentionally disseminate a deep fake when:

(1) the actor knows or reasonably should know that the depicted individual did not consent to the dissemination;

(2) the deep fake realistically depicts any of the following:

(i) the intimate parts of another individual presented as the intimate parts of the depicted individual;

(ii) artificially generated intimate parts presented as the intimate parts of the depicted individual; or

(iii) the depicted individual engaging in a sexual act; and

(3) the depicted individual is identifiable:

(i) from the deep fake itself, by the depicted individual or by another individual; or

(ii) from the personal information displayed in connection with the deep fake.