HF 3625

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 03/04/2024 03:43pm

A bill for an act
relating to public safety; modifying the deep fake election crime; disqualifying a
convicted person from holding elected office; amending Minnesota Statutes 2022,
sections 211B.17, subdivision 1; 211B.18; Minnesota Statutes 2023 Supplement,
section 609.771, subdivisions 1, 2, 3, 4, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2022, section 211B.17, subdivision 1, is amended to read:

Subdivision 1.

Forfeiture of nomination or office.

Except as provided in subdivision
2, if a candidate is found guilty of violating this chapter new text begin or section 609.771 new text end or an offense
was committed by another individual with the knowledge, consent, or connivance of the
candidate, the court, after entering the adjudication of guilty, shall enter a supplemental
judgment declaring that the candidate has forfeited the nomination or office. If the court
enters the supplemental judgment, it shall transmit to the filing officer a transcript of the
supplemental judgment, the nomination or office becomes vacant, and the vacancy must be
filled as provided by law.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024, and applies to crimes
committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2022, section 211B.18, is amended to read:

211B.18 DISQUALIFIED CANDIDATE NOT TO HOLD VARIOUS POSITIONS.

A candidate whose election to office has been set aside for a violation of this chapter new text begin or
section 609.771 new text end may not be appointed, during the period fixed by law as the term of the
office, to fill a vacancy in that office. A candidate or other individual who is convicted of
a violation of this chapter new text begin or section 609.771 new text end may not be appointed, during the period fixed
by law as the term of the office with respect to which the election was held and the offense
was committed, to fill a vacancy that may occur in the office. An appointment to an office
made contrary to the provisions of this section is void.

A candidate or other individual who is convicted of a violation of this chapter new text begin or section
609.771 new text end is not qualified, during the period fixed by law as the term of the office with respect
to which the election was held and the offense was committed, to fill a vacancy in an office
for which the legislature may establish qualifications under article XII, section 3, of the
Minnesota Constitution.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024, and applies to crimes
committed on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2023 Supplement, section 609.771, subdivision 1, is amended
to read:

Subdivision 1.

Definitions.

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

(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.

(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:

(1) that is so realistic that a reasonable person would new text begin :
new text end

new text begin (i) new text end believe it depicts speech or conduct of an individual who did not in fact engage in
such speech or conduct; new text begin or
new text end

new text begin (ii) have a fundamentally and materially different understanding of the substance or
meaning of the content of the speech or conduct compared to the unaltered, original version;
new text end 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 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 begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024, and applies to crimes
committed on or after that date.
new text end

Sec. 4.

Minnesota Statutes 2023 Supplement, section 609.771, subdivision 2, is amended
to read:

Subd. 2.

Use of deep fake to influence an election; violation.

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:

(1) takes place within 90 days before deleted text begin an deleted text end new text begin a political party nominating convention,
presidential nomination primary, state primary, local primary, special primary, special
election, or general new text end election;

(2) is made without the consent of the depicted individual; and

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024, and applies to crimes
committed on or after that date.
new text end

Sec. 5.

Minnesota Statutes 2023 Supplement, section 609.771, subdivision 3, is amended
to read:

Subd. 3.

Use of deep fake to influence an election; penalty.

new text begin (a) new text end 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 364 days 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.

new text begin (b) In the case of a candidate for state or local office convicted of violating subdivision
2, the court must enter a supplemental judgment declaring that the candidate has forfeited
the nomination or office in accordance with section 211B.17.
new text end

new text begin (c) A candidate for state or local office or other individual convicted of violating
subdivision 2 is disqualified from being appointed to that office or any other office for which
the legislature may establish qualifications under the Minnesota Constitution, article XII,
section 3, in accordance with section 211B.18.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024, and applies to crimes
committed on or after that date.
new text end

Sec. 6.

Minnesota Statutes 2023 Supplement, section 609.771, subdivision 4, is amended
to read:

Subd. 4.

Injunctive relief.

A cause of action for injunctive new text begin or equitable new text end 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 individual; or

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024, and applies to acts committed
on or after that date.
new text end

Sec. 7.

Minnesota Statutes 2023 Supplement, section 609.771, is amended by adding a
subdivision to read:

new text begin Subd. 5. new text end

new text begin Severability. new text end

new text begin If any one or more provision, subdivision, sentence, clause, phrase,
or word of this section or the application of it to any person or circumstance is found to be
unconstitutional, it is declared to be severable and the balance of this section shall remain
effective notwithstanding that unconstitutionality. The legislature intends that it would have
passed this section, and each provision, subdivision, sentence, clause, phrase, or word,
regardless of the fact that any one provision, subdivision, sentence, clause, phrase, or word
is declared unconstitutional.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024.
new text end