Law / United States / 
Minnesota
Nonconsensual Deepfake Sexual Imagery, Civil and Criminal Liability
Minn. Stat. §§ 604.32, 617.262 (2023 c 58 ss 1, 3)
In force since .
An AI prohibited practices rule binding public and private bodies.
- How the hook was established
- express
- What makes it apply
- Data subject residence, Operator establishment
- Obligation class
- Prohibition
- Audit expectation
- none
- Setting the rule reaches
- General
What it requires
- Do not disseminate an AI-generated deep fake realistically depicting a person's intimate parts or the person engaging in a sexual act, knowing or with reason to know the depicted individual did not consent to its dissemination.
- The offense escalates to a felony where the disseminator profited, operates a website or app for the purpose of disseminating such material, posted it online, obtained it unlawfully, or has a prior conviction under the chapter.
- A depicted individual may also sue civilly for damages, disgorgement of profit, a civil penalty of up to $100,000, and injunctive relief.
- An interactive computer service or telecommunications provider is not liable under section 617.262 solely for content provided by another person.
These lines are LexLint's reading of the law's text.
In the frameworks
- NIST AI RMF
- MAP 3.3Targeted application scope is specified and documented based on the system’s capability, established context, and AI system categorization.
- NIST AI 600-1
- GAI-RISK-08Information Integrity
- GAI-RISK-11Obscene, Degrading, and/or Abusive Content
- MIT mitigations Draft
- FINOS AIGF
- AIR-PREV-005System Acceptance Testing
- ETSI EN 304 223
Our reading of where this law's duties sit in each framework. It never says that running a control meets the law. How we read a framework against the law
Identifiers refer to ETSI EN 304 223 V2.1.1 (2025-12), © ETSI 2025, all rights reserved. ETSI owns the standard; no ETSI text (titles or sentences) is reproduced here. The standard is free to download from ETSI.
What it makes you log
Logging duty
Both sections punish disseminating a covered deep fake without the depicted person's consent, and state no duty to keep a log or record of a dissemination.
- Kind
- None
- As of
What this law does
It is a crime under section 617.262 to intentionally disseminate a deep fake that realistically depicts a person's intimate parts, artificially generated intimate parts presented as the depicted individual's, or the depicted individual engaging in a sexual act, knowing or with reason to know the depicted individual did not consent, where the individual is identifiable.
The base offense is a gross misdemeanor; it becomes a felony punishable by up to three years and a $5,000 fine where an aggravating factor applies, including that the actor profited, ran a website for the purpose of disseminating the material, obtained it by hacking, or has a prior conviction under the chapter.
A parallel civil cause of action at section 604.32, enacted the same day, lets the depicted individual sue for general and special damages, disgorgement of the disseminator's profit, a civil penalty of up to $100,000, and injunctive relief, with a civil fine of up to $1,000 per day for violating an order under the section.
Both sections exempt dissemination for law-enforcement, medical-treatment, newsworthy, scientific, or legal-proceeding purposes, and section 617.262 immunizes interactive computer services and telecommunications providers for content provided by another person.
When LexLint raises it
When your app profile says your app generates images with AI, generates video with AI or publishes adult content.
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