Read the full stored bill text
A bill for an act
relating to crime; prohibiting the nonconsensual creation, possession, and
dissemination of nudification images; providing criminal penalties; proposing
coding for new law in Minnesota Statutes, chapter 617.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
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[617.263] NONCONSENSUAL CREATION OR DISSEMINATION OF
NUDIFICATION IMAGES.
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Subdivision 1.
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Definitions.
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(a) For purposes of this section, the following terms have
the meanings given.
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(b) "Dissemination" means distribution to one or more persons, other than the individual
depicted in the nudification image, or publication by any publicly available medium.
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(c) "Intimate parts" has the meaning given in section 609.341, subdivision 5.
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(d) "Nudification image" means an image, photograph, video, or visual recording that
is the resulting product of nudification and includes an image that depicts the identifiable
individual as nude or exposing intimate parts, or engaging in a sexual act, when the source
material did not depict the individual in that state.
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(e) "Nudification" means the process by which:
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(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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(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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(f) "Personal information" means any identifier that permits communication or in-person
contact with an individual, including:
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(1) an individual's first and last name, first initial and last name, first name and last
initial, or nickname;
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(2) an individual's home, school, or work address;
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(3) an individual's telephone number, email address, or social media account information;
or
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(4) an individual's geolocation data.
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(g) "Sexual act" means either sexual contact or sexual penetration as defined in section
617.261, subdivision 7.
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Subd. 2.
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Prohibition.
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Whoever intentionally creates or disseminates a nudification image
is guilty of a crime and must be sentenced under subdivision 3 when:
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(1) the actor knows or reasonably should know that the depicted individual did not
consent to the creation or dissemination; and
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(2) the depicted individual is identifiable:
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(i) from the nudification image itself, by the depicted individual or by another individual;
or
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(ii) from the personal information displayed in connection with the nudification image.
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Subd. 3.
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Penalties.
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(a) Whoever violates subdivision 2 is guilty of a felony and may be
sentenced to imprisonment for not more than five years or to payment of a fine of not more
than $10,000, or both. If one or more of the following aggravating factors are present, the
person may be sentenced to imprisonment for not more than ten years or to payment of a
fine of not more than $20,000, or both:
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(1) the depicted individual suffers financial loss due to the creation or dissemination of
the nudification image;
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(2) the actor creates or disseminates the nudification image with intent to profit;
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(3) the actor maintains an Internet website, online service, online application, or mobile
application for the purpose of creating or disseminating nudification images;
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(4) the actor posts the nudification image on a website;
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(5) the actor creates or disseminates the nudification image with intent to harass the
depicted individual;
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(6) the actor obtained the source material for the nudification image by committing a
violation of section 609.52, 609.746, 609.89, or 609.891; or
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(7) the actor has previously been convicted under this section or section 617.261 or
617.262.
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(b) As soon as is practicable, the Minnesota Sentencing Guidelines Commission must
assign an appropriate severity level ranking consistent with offenses of similar gravity, such
as nonconsensual dissemination of private sexual images under section 617.261, subdivision
2, paragraph (b), taking into the consideration the nonconsensual nature, technological
manipulation, and potential for widespread harm.
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Subd. 4.
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No defense.
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It is not a defense to a prosecution for a violation of subdivision
2 that the individual depicted in the nudification image consented to the voluntary private
transmission of the nudification image.
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Subd. 5.
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Venue.
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An offense committed under this section may be prosecuted in the
county where the offense occurred, the county of residence of the actor or the depicted
individual, or the county where the nudification image was produced, reproduced, found,
stored, received, or possessed.
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Subd. 6.
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Exemptions.
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This section does not apply to the use of nudification images for
purposes of:
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(1) a lawful criminal investigation or prosecution;
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(2) the reporting of unlawful conduct;
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(3) medical or mental health treatment where the image is protected from further
dissemination;
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(4) a commercial setting where the depicted individual knew or reasonably should have
known that a nudification image would be created and disseminated;
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(5) a matter of public interest that serves a lawful public purpose, provided the person
clearly identifies the image as a nudification image and acts in good faith;
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(6) legitimate scientific research or educational purposes, provided the image is clearly
identified and the person acts in good faith to minimize further dissemination; or
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(7) legal proceedings consistent with common practice or protected by court order.
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Subd. 7.
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Immunity.
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No interactive computer service, public mobile service, private
radio service, telecommunications network, or broadband provider is criminally liable under
this section for content provided by another person.
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EFFECTIVE DATE.
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This section is effective August 1, 2026, and applies to crimes
committed on or after that date.
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