Privacy Law Library

Nonconsensual Dissemination of Sexual Deep Fakes (civil and criminal)

MN Intimate Deepfake Law

Artificial intelligence · Other

Creates a civil cause of action and a crime for spreading AI-generated or otherwise technically produced sexual deep fakes of an identifiable person without consent to public dissemination. Consent to creation or private sharing is not a defense, and courts must allow confidential filings to protect the plaintiff's privacy.

Where

Minnesota

Citation

Minn. Stat. 604.32 (civil); 617.262 (criminal)

Status

In force

In force since

2023-08-01

Enforced by

Depicted individual by civil action (604.32); criminal prosecution (617.262)

People can sue

Yes

Penalties

Civil: general and special damages including mental anguish, disgorgement of profits, a civil penalty to the plaintiff of up to $100,000, fees and costs, injunctions, and up to $1,000 per day for violating a court order (604.32, subds. 3-4). Criminal: gross misdemeanor, or up to three years and $5,000 with aggravating factors such as profit motive, website posting, or harassment intent (617.262, subd. 3).

Applies to

• Any person who disseminates a realistic deep fake depicting an identifiable person's intimate parts or a sexual act without that person's consent to public dissemination (604.32, subd. 2; 617.262, subd. 2)