MN Deepfake Law
Minnesota Deepfake Law — NCII and Elections (HF 1370, 2023)
Minnesota · 2023 Minn. Laws ch. 58 (HF 1370); Minn. Stat. §§ 604.32, 609.771, 617.262
- Status
- In effect
- Took effect
- August 1, 2023
- Applies to
- Anyone who knowingly creates or disseminates qualifying deepfakes
- Enforced by
- County attorneys; private civil action (NCII); Secretary of State/AG (elections)
Minnesota criminalized two kinds of AI deepfakes in 2023: nonconsensual intimate deepfakes of anyone, and election deepfakes spread to influence an election, including within 90 days before an election. Victims of intimate deepfakes can also sue. The election provision has been challenged in court (Kohls v. Ellison and a separate suit by X Corp.), but no court has blocked it; a federal appeals court upheld the denial of a preliminary injunction in February 2026.
Who is protected: Minnesotans depicted in NCII deepfakes; candidates and voters
Legal detail
HF 1370 (2023 Minn. Laws ch. 58, signed May 26, 2023, effective Aug. 1, 2023) created Minn. Stat. § 604.32 (civil action for nonconsensual dissemination of deep fake sexual images), § 617.262 (crime of nonconsensual dissemination of deep fake sexual images) and § 609.771 (crime of using deep fake technology to influence an election, incl. dissemination within 90 days before an election). § 609.771 is subject to First Amendment challenges: in Kohls v. Ellison the district court denied a preliminary injunction (Jan. 10, 2025) and the Eighth Circuit affirmed (No. 25-1300, Feb. 9, 2026); X Corp. v. Ellison (D. Minn. 0:25-cv-01649) is pending. No provision is enjoined.
Key facts
| Jurisdiction | Minnesota |
|---|---|
| Level | State |
| Strength | Limited |
| Enacted | May 26, 2023 |
| Citation | 2023 Minn. Laws ch. 58 (HF 1370); Minn. Stat. §§ 604.32, 609.771, 617.262 |
| Private right of action | Yes, individuals can sue |
| Penalties | Criminal fines and imprisonment; civil damages and fees |
| Topics | non-consensual intimate imagery · deepfakes · AI-generated images · election deepfakes |
| Bill text | MN MN Deepfake Law — official record (www.revisor.mn.gov) |
More AI rules in Minnesota
- MN HF 1606 AI Nudification Ban (2026) · In effect
- xAI v. Ellison (MN nudification ban challenge) · Blocked / in litigation
- MN drone-warrant law (2020) · In effect
- Minnesota Consumer Data Privacy Act · In effect
- Minnesota SF 4097 (social-media algorithm disclosure) · In effect
- Minnesota HF 2432 (AI-generated CSAM) · In effect
Related non-consensual intimate imagery rules elsewhere
- Arizona HB 2133 deepfake sexual content — vetoed 2026 · Vetoed
- Illinois HB 3851 — deepfake cyberbullying in schools (2026) · In effect
- TAKE IT DOWN Act · In effect
- DEFIANCE Act (deepfake-porn civil suits) · Proposed / pending
- NY S5959-D (2020, digital replicas + deepfake porn) · In effect
- Missouri Deepfake & Digital Media Protection Act · Proposed / pending
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