MN HF 1606 AI Nudification Ban (2026)

Minnesota HF 1606 (94th Legislature, 2025-2026 session), codified as the Deepfake and AI Exploitation Prevention Act. Senate companion: SF 1119. Gov. Tim Walz signed May 7, 2026; effective August 1, 2026. Votes: House 132-1 (April 23, 2026); Senate 65-0. OPERATIVE PROVISIONS: (1) Bans any person who owns or runs a website, application, software, program, or other service from allowing users to 'access, download, or use' the service 'to nudify an image or video'; (2) also bans nudifying on behalf of a user, even with consent; (3) exception: services requiring the technical skill of the user to nudify (e.g., manual Photoshop editing) remain legal — only automated/one-click nudification tools are prohibited. PENALTIES: Attorney General enforces under Minn. Stat. § 8.31; civil penalty 'not less than $500,000 for each unlawful access, download, or use.' PRIVATE RIGHT OF ACTION: An injured person may sue for compensatory damages up to 3× actual damages, punitive damages, injunctive relief, attorney's fees. SCOPE: Applies to commercial nudification platforms and apps accessible in Minnesota; does not directly target individual users who manually edit photos. CHALLENGE STATUS: xAI Corp. v. Ellison (D. Minn., filed July 27, 2026): First Amendment challenge; preliminary injunction denied July 31, 2026 (Judge Donovan Frank — xAI failed to show irreparable harm; court noted xAI waited three months after signing before suing); second preliminary injunction denied September 4, 2026 (same judge, second denial). Law remains fully in effect.