HF 1370

3rd Engrossment - 93rd Legislature (2023 - 2024) Posted on 03/27/2024 02:39pm

A bill for an act
relating to public safety; establishing a cause of action for nonconsensual
dissemination of deep fake sexual images; establishing the crime of using deep
fake technology to influence an election; establishing a crime for nonconsensual
dissemination of deep fake sexual images; proposing coding for new law in
Minnesota Statutes, chapters 604; 609; 617.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [604.32] CAUSE OF ACTION FOR NONCONSENSUAL
DISSEMINATION OF A DEEP FAKE DEPICTING INTIMATE PARTS OR SEXUAL
ACTS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) As used in this section, the following terms have the
meanings given.
new text end

new text begin (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:
new text end

new text begin (1) that is so realistic that a reasonable person would believe it depicts speech or conduct
of an individual; and
new text end

new text begin (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.
new text end

new text begin (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.
new text end

new text begin (d) "Intimate parts" means the genitals, pubic area, partially or fully exposed nipple, or
anus of an individual.
new text end

new text begin (e) "Personal information" means any identifier that permits communication or in-person
contact with an individual, including:
new text end

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

new text begin (2) an individual's home, school, or work address;
new text end

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

new text begin (4) an individual's geolocation data.
new text end

new text begin (f) "Sexual act" means either sexual contact or sexual penetration.
new text end

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

new text begin (h) "Sexual penetration" means any of the following acts:
new text end

new text begin (1) sexual intercourse, cunnilingus, fellatio, or anal intercourse; or
new text end

new text begin (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.
new text end

new text begin Subd. 2. new text end

new text begin Nonconsensual dissemination of a deep fake. new text end

new text begin (a) A cause of action against a
person for the nonconsensual dissemination of a deep fake exists when:
new text end

new text begin (1) a person disseminated a deep fake with knowledge that the depicted individual did
not consent to its public dissemination;
new text end

new text begin (2) the deep fake realistically depicts any of the following:
new text end

new text begin (i) the intimate parts of another individual presented as the intimate parts of the depicted
individual;
new text end

new text begin (ii) artificially generated intimate parts presented as the intimate parts of the depicted
individual; or
new text end

new text begin (iii) the depicted individual engaging in a sexual act; and
new text end

new text begin (3) the depicted individual is identifiable:
new text end

new text begin (i) from the deep fake itself, by the depicted individual or by another individual; or
new text end

new text begin (ii) from the personal information displayed in connection with the deep fake.
new text end

new text begin (b) The fact that the depicted individual consented to the creation of the deep fake or to
the voluntary private transmission of the deep fake is not a defense to liability for a person
who has disseminated the deep fake with knowledge that the depicted individual did not
consent to its public dissemination.
new text end

new text begin Subd. 3. new text end

new text begin Damages. new text end

new text begin The court may award the following damages to a prevailing plaintiff
from a person found liable under subdivision 2:
new text end

new text begin (1) general and special damages, including all finance losses due to the dissemination
of the deep fake and damages for mental anguish;
new text end

new text begin (2) an amount equal to any profit made from the dissemination of the deep fake by the
person who intentionally disclosed the deep fake;
new text end

new text begin (3) a civil penalty awarded to the plaintiff of an amount up to $100,000; and
new text end

new text begin (4) court costs, fees, and reasonable attorney fees.
new text end

new text begin Subd. 4. new text end

new text begin Injunction; temporary relief. new text end

new text begin (a) A court may issue a temporary or permanent
injunction or restraining order to prevent further harm to the plaintiff.
new text end

new text begin (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.
new text end

new text begin Subd. 5. new text end

new text begin Confidentiality. new text end

new text begin The court shall allow confidential filings to protect the privacy
of the plaintiff in cases filed under this section.
new text end

new text begin Subd. 6. new text end

new text begin Liability; exceptions. new text end

new text begin (a) No person shall be found liable under this section
when:
new text end

new text begin (1) the dissemination is made for the purpose of a criminal investigation or prosecution
that is otherwise lawful;
new text end

new text begin (2) the dissemination is for the purpose of, or in connection with, the reporting of unlawful
conduct;
new text end

new text begin (3) the dissemination is made in the course of seeking or receiving medical or mental
health treatment, and the image is protected from further dissemination;
new text end

new text begin (4) the deep fake 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 individual knew that a deep fake would be created and disseminated in a commercial
setting;
new text end

new text begin (5) the deep fake relates to a matter of public interest; dissemination serves a lawful
public purpose; the person disseminating the deep fake as a matter of public interest clearly
identifies that the video recording, motion-picture film, sound recording, electronic image,
photograph, or other item is a deep fake; and the person acts in good faith to prevent further
dissemination of the deep fake;
new text end

new text begin (6) the dissemination is for legitimate scientific research or educational purposes, the
deep fake is clearly identified as such, and the person acts in good faith to minimize the risk
that the deep fake will be further disseminated; or
new text end

new text begin (7) the dissemination 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 dissemination.
new text end

new text begin (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.
new text end

new text begin (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.
new text end

new text begin Subd. 7. new text end

new text begin Jurisdiction. new text end

new text begin A court has jurisdiction over a cause of action filed pursuant to
this section if the plaintiff or defendant resides in this state.
new text end

new text begin Subd. 8. new text end

new text begin Venue. new text end

new text begin A cause of action arising under this section may be filed in either:
new text end

new text begin (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
new text end

new text begin (2) the county where any deep fake is produced, reproduced, or stored in violation of
this section.
new text end

new text begin Subd. 9. new text end

new text begin Discovery of dissemination. new text end

new text begin In a civil action brought under subdivision 2, the
statute of limitations is tolled until the plaintiff discovers the deep fake has been disseminated.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023, and applies to
dissemination of a deep fake that takes place on or after that date.
new text end

Sec. 2.

new text begin [609.771] USE OF DEEP FAKE TECHNOLOGY TO INFLUENCE AN
ELECTION.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) As used in this section, the following terms have the
meanings given.
new text end

new text begin (b) "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.
new text end

new text begin (c) "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:
new text end

new text begin (1) that is so realistic that a reasonable person would believe it depicts speech or conduct
of an individual who did not in fact engage in such speech or conduct; and
new text end

new text begin (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.
new text end

new text begin (d) "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.
new text end

new text begin Subd. 2. new text end

new text begin Use of deep fake to influence an election; violation. new text end

new text begin A person who disseminates
a deep fake or enters into a contract or other agreement to disseminate a deep fake 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 fake and dissemination:
new text end

new text begin (1) takes place within 90 days before an election;
new text end

new text begin (2) is made without the consent of the depicted individual; and
new text end

new text begin (3) is made with the intent to injure a candidate or influence the result of an election.
new text end

new text begin Subd. 3. new text end

new text begin Use of deep fake to influence an election; penalty. new text end

new text begin A person convicted of
violating subdivision 2 may be sentenced as follows:
new text end

new text begin (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;
new text end

new text begin (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
new text end

new text begin (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.
new text end

new text begin Subd. 4. new text end

new text begin Injunctive relief. new text end

new text begin 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:
new text end

new text begin (1) the attorney general;
new text end

new text begin (2) a county attorney or city attorney;
new text end

new text begin (3) the depicted individual; or
new text end

new text begin (4) a candidate for nomination or election to a public office who is injured or likely to
be injured by dissemination.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023, and applies to crimes
committed on or after that date.
new text end

Sec. 3.

new text begin [617.262] NONCONSENSUAL DISSEMINATION OF A DEEP FAKE
DEPICTING INTIMATE PARTS OR SEXUAL ACTS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

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

new text begin (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:
new text end

new text begin (1) that is so realistic that a reasonable person would believe it depicts speech or conduct
of an individual; and
new text end

new text begin (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.
new text end

new text begin (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.
new text end

new text begin (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.
new text end

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

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

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

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

new text begin (2) an individual's home, school, or work address;
new text end

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

new text begin (4) an individual's geolocation data.
new text end

new text begin (h) "Sexual act" means either sexual contact or sexual penetration.
new text end

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

new text begin (j) "Sexual penetration" means any of the following acts:
new text end

new text begin (1) sexual intercourse, cunnilingus, fellatio, or anal intercourse; or
new text end

new text begin (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.
new text end

new text begin (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.
new text end

new text begin Subd. 2. new text end

new text begin Crime. new text end

new text begin It is a crime to intentionally disseminate a deep fake when:
new text end

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

new text begin (2) the deep fake realistically depicts any of the following:
new text end

new text begin (i) the intimate parts of another individual presented as the intimate parts of the depicted
individual;
new text end

new text begin (ii) artificially generated intimate parts presented as the intimate parts of the depicted
individual; or
new text end

new text begin (iii) the depicted individual engaging in a sexual act; and
new text end

new text begin (3) the depicted individual is identifiable:
new text end

new text begin (i) from the deep fake itself, by the depicted individual or by another individual; or
new text end

new text begin (ii) from the personal information displayed in connection with the deep fake.
new text end

new text begin Subd. 3. new text end

new text begin Penalties. new text end

new text begin (a) Except as provided in paragraph (b), whoever violates subdivision
2 is guilty of a gross misdemeanor.
new text end

new text begin (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:
new text end

new text begin (1) the depicted individual suffers financial loss due to the dissemination of the deep
fake;
new text end

new text begin (2) the actor disseminates the deep fake with intent to profit from the dissemination;
new text end

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

new text begin (4) the actor posts the deep fake on a website;
new text end

new text begin (5) the actor disseminates the deep fake with intent to harass the depicted individual;
new text end

new text begin (6) the actor obtained the deep fake by committing a violation of section 609.52, 609.746,
609.89, or 609.891; or
new text end

new text begin (7) the actor has previously been convicted under this chapter.
new text end

new text begin Subd. 3a. new text end

new text begin No defense. new text end

new text begin It is not a defense to a prosecution under this section that the
depicted individual consented to the creation or possession of the deep fake, or the private
transmission of the deep fake to an individual other than those to whom the deep fake was
disseminated.
new text end

new text begin Subd. 4. new text end

new text begin Venue. new text end

new text begin Notwithstanding anything to the contrary in section 627.01, an offense
committed under this section may be prosecuted in:
new text end

new text begin (1) the county where the offense occurred;
new text end

new text begin (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
new text end

new text begin (3) only if venue cannot be located in the counties specified under clause (1) or (2), the
county where any deep fake is produced, reproduced, found, stored, received, or possessed
in violation of this section.
new text end

new text begin Subd. 5. new text end

new text begin Exemptions. new text end

new text begin Subdivision 2 does not apply when:
new text end

new text begin (1) the dissemination is made for the purpose of a criminal investigation or prosecution
that is otherwise lawful;
new text end

new text begin (2) the dissemination is for the purpose of, or in connection with, the reporting of unlawful
conduct;
new text end

new text begin (3) the dissemination is made in the course of seeking or receiving medical or mental
health treatment, and the image is protected from further dissemination;
new text end

new text begin (4) the deep fake 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 individual knew, or should have known, that a deep fake would be created and
disseminated;
new text end

new text begin (5) the deep fake relates to a matter of public interest and dissemination serves a lawful
public purpose;
new text end

new text begin (6) the dissemination is for legitimate scientific research or educational purposes; or
new text end

new text begin (7) the dissemination 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 dissemination.
new text end

new text begin Subd. 6. new text end

new text begin Immunity. new text end

new text begin 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:
new text end

new text begin (1) an interactive computer service as defined in United States Code, title 47, section
230, paragraph (f), clause (2);
new text end

new text begin (2) a provider of public mobile services or private radio services; or
new text end

new text begin (3) a telecommunications network or broadband provider.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023, and applies to crimes
committed on or after that date.
new text end