SF 1119

1st Engrossment - 94th Legislature (2025 - 2026) Posted on 04/02/2025 09:47am

A bill for an act
relating to commerce; prohibiting access to nudification technology; imposing
civil penalties; 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 the purposes of this section, the following terms have
the meanings given.
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new text begin (b) "Intimate part" has the meaning given in section 609.341, subdivision 5.
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new text begin (c) "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 Subd. 2. new text end

new text begin Nudification prohibited. new text end

new text begin A person who owns or controls a website, application,
software, program, or other service that creates, generates, or edits images or videos 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 on behalf of a user.
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new text begin Subd. 3. 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. 4. 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 that violates this section is subject to a
civil penalty not in excess of $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 of 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: direct
client assistance to crime victims; competitive wages for direct service staff; hotel stays and
other housing-related supports and services; culturally responsive programming; prevention
programming, including domestic abuse transformation and restorative justice programming;
and for other needs of organizations and crime victim survivors. 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 ten percent of the appropriation is available for grant administration.
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new text begin Subd. 5. 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 EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2025, and applies to causes
of action accruing on or after that date.
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