SF 4029

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/22/2024 08:59am

A bill for an act
relating to public safety; modifying the deep fake election crime; amending
Minnesota Statutes 2023 Supplement, section 609.771, subdivisions 1, 2, 4, by
adding a subdivision.

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

Section 1.

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. 2.

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

Subd. 2.

Use of deep fake to influence an election; violation.

new text begin (a) new text end 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 new text begin 30 days before a political party nominating convention, presidential
primary, state primary, local primary, special primary, or special election, or new text end 90 days before
deleted text begin an deleted text end new text begin a 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 (b) A website; social media platform; regularly published newspaper, magazine, or other
periodical, including an Internet or electronic publication; a radio or television broadcasting
station, including a cable or satellite television operator, programmer, or producer; or a
streaming service is not in violation of this section if the entity's only role is to distribute
political advertisements that are prohibited by this section.
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. 3.

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. 4.

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 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 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