HF 1606

2nd Engrossment - 94th Legislature (2025 - 2026)

Posted on 04/07/2026 02:32 p.m.

A bill for an act
relating to commerce; prohibiting access to nudification technology; proposing
coding for new law in Minnesota Statutes, chapter 325E.

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

Section 1.

new text begin [325E.91] PROHIBITION ON NUDIFICATION TECHNOLOGY.
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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.
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new text begin (b) "Identifiable individual" means a person that is identifiable:
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new text begin (1) from the image itself, by the person depicted in the image, or by another person; or
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new text begin (2) from personal information displayed in connection with the image.
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new text begin (c) "Intimate part" has the meaning given in section 609.341, subdivision 5.
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new text begin (d) "Nudify" or "nudified" means the process by which:
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new text begin (1) an image or video is altered or generated to depict an intimate part not depicted in
an original unaltered image or video of an identifiable individual; and
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new text begin (2) the altered or generated image or video is so realistic that a reasonable person would
believe that the intimate part belongs to the identifiable individual.
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new text begin (e) "Technical skill" means substantial application of individualized technological or
artistic skill and judgment by a human creator in directing, shaping, or controlling the output.
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new text begin Subd. 2. new text end

new text begin Nudification prohibited. new text end

new text begin (a) A person who owns or controls a website,
application, software, program, or other service must not:
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new text begin (1) allow a user to access, download, or use the website, application, software, program,
or other service to nudify an image or video; or
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new text begin (2) nudify an image or video on behalf of a user.
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new text begin (b) No person may advertise or promote any website, application, software, program,
or other service that performs the actions described in paragraph (a).
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new text begin Subd. 3. new text end

new text begin Exemption. new text end

new text begin The prohibitions in subdivision 2 do not apply when the website,
application, software, program, or other service requires the technical skill of a user to
nudify an image or video.
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new text begin Subd. 4. new text end

new text begin Civil action; damages. new text end

new text begin An individual depicted in an image or video that was
nudified in violation of this section may bring a civil action in district court against the
person who violated this section for:
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new text begin (1) compensatory damages, including mental anguish or suffering, in an amount up to
three times the actual damages sustained;
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new text begin (2) punitive damages;
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new text begin (3) injunctive relief;
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new text begin (4) reasonable attorney fees, costs, and disbursements; and
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new text begin (5) other relief the court deems just and equitable.
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new text begin Subd. 5. new text end

new text begin Penalties. new text end

new text begin (a) The attorney general may enforce this section under section 8.31.
In addition to other remedies or penalties, a person who violates this section is subject to a
civil penalty not to exceed $500,000 for each unlawful access, download, or use under
subdivision 2.
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new text begin (b) Notwithstanding any contrary provision in law, including but not limited to section
16A.151, any civil penalty recovered under this subdivision must be deposited into the
general fund. On July 1 each year, the accumulated balance of civil penalties collected in
the previous year is appropriated to the commissioner of public safety for the Office of
Justice Programs to provide grants to organizations to provide direct services and advocacy
for victims of sexual assault, general crime, domestic violence, and child abuse. Funding
must support the direct needs of organizations serving victims of crime by providing:
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new text begin (1) direct client assistance to crime victims;
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new text begin (2) competitive wages for direct service staff;
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new text begin (3) hotel stays and other housing-related supports and services;
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new text begin (4) culturally responsive programming;
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new text begin (5) prevention programming, including domestic abuse transformation and restorative
justice programming; and
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new text begin (6) for other needs of organizations and crime victim survivors.
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new text begin Services funded must include services for victims of crime in underserved communities
most impacted by violence and reflect the ethnic, racial, economic, cultural, and geographic
diversity of the state. Up to five percent of the appropriation is available for grant
administration.
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new text begin Subd. 6. new text end

new text begin Jurisdiction; venue. new text end

new text begin (a) A court has jurisdiction over a civil action filed pursuant
to this section if the plaintiff or defendant resides in this state.
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new text begin (b) A civil action arising under this section may be filed in the county where the plaintiff
resides.
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new text begin Subd. 7. new text end

new text begin Immunity. new text end

new text begin 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.
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new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2026, and applies to causes
of action accruing on or after that date.
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