Minnesota HF 1370 — Election Deepfake Law (PORTIONS ENJOINED in Kohls v. Ellison)
MN · Minn. Stat. ch. 58 (2023); Kohls v. Ellison, No. 0:24-cv-03754 (D. Minn.)
Minnesota HF 1370 criminalized election deepfakes (it remains in effect for non-consensual intimate imagery). The election-deepfake portions were challenged in Kohls v. Ellison (D. Minn. No. 0:24-cv-03754). The district court denied the preliminary injunction on January 10, 2025, and the Eighth Circuit upheld that denial on appeal. The law is currently in effect pending further litigation.
Technical detail
HF 1370 / Ch. 58 (2023, Minn.) — created criminal liability for distribution of materially deceptive AI-generated election content within 90 days of an election; also criminalized AI-generated nonconsensual intimate imagery. Election portion challenged in Kohls v. Ellison (D. Minn., 2024); NCII portion remains undisputed.
Who is protected: Minnesota voters and NCII victims
Who must comply: Distributors of AI-generated election/NCII content (partially suspended)
Key facts
| Jurisdiction | MN |
|---|---|
| Level | State |
| Status | Blocked / in litigation |
| Protection strength | Limited protection |
| Effective date | 2023-08-01 |
| Enacted | 2023-05-22 |
| Citation | Minn. Stat. ch. 58 (2023); Kohls v. Ellison, No. 0:24-cv-03754 (D. Minn.) |
| Enforced by | Minnesota Attorney General / county prosecutors |
| Private right of action | No — agency enforcement only |
| Penalties | Criminal penalties (Class A misdemeanor / felony based on intent) |
| Topics | deepfakes · election deepfakes |
| Last verified | 2026-06-16 |
| Official source | HF 1370 — Minnesota Legislature ↗ |
More AI rules in MN
- SF4203 · Proposed / pending
- SF5231 · Proposed / pending
- HF5125 · Proposed / pending
- Attorney General Ellison releases consumer alert on DHS' digital surveillance an · In effect
Related deepfakes rules elsewhere
- Arkansas Frank Broyles Act AI amendment — voice and likeness protection (2025) · In effect
- Doe v. X.AI (Grok NCII deepfakes class action) · In effect
- xAI v. Harwood (Grok NCII Counter-Suit 2026) · Blocked / in litigation
- Arizona HB 2133 deepfake sexual content — vetoed 2026 · Vetoed
- NY AG · In effect
- MI SOS Deepfake Election Policy · In effect
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