Minnesota Session Laws - 2026 Regular Session

CHAPTER 72--H.F.No. 1606

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. 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) "Identifiable individual" means a person that is identifiable: new text end

new text begin (1) from the image itself, by the person depicted in the image, or by another person; or new text end

new text begin (2) from personal information displayed in connection with the image. new text end

new text begin (c) "Intimate part" has the meaning given in section 609.341, subdivision 5. new text end

new text begin (d) "Nudify" or "nudified" means the process by which: new text end

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 new text end

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. new text end

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. new text end

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: new text end

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 new text end

new text begin (2) nudify an image or video on behalf of a user. new text end

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). new text end

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. new text end

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: new text end

new text begin (1) compensatory damages, including mental anguish or suffering, in an amount up to three times the actual damages sustained; new text end

new text begin (2) punitive damages; new text end

new text begin (3) injunctive relief; new text end

new text begin (4) reasonable attorney fees, costs, and disbursements; and new text end

new text begin (5) other relief the court deems just and equitable. new text end

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. new text end

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: new text end

new text begin (1) direct client assistance to crime victims; new text end

new text begin (2) competitive wages for direct service staff; new text end

new text begin (3) hotel stays and other housing-related supports and services; new text end

new text begin (4) culturally responsive programming; new text end

new text begin (5) prevention programming, including domestic abuse transformation and restorative justice programming; and new text end

new text begin (6) for other needs of organizations and crime victim survivors. new text end

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. new text end

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. new text end

new text begin (b) A civil action arising under this section may be filed in the county where the plaintiff resides. new text end

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. new text end

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. new text end

Presented to the governor May 6, 2026