Identity Theft Using a Forged Digital Likeness

A person who transfers, possesses, or uses an identity that is not the person's own, with the intent to commit, aid, or abet any unlawful activity, is guilty of identity theft. The definition of identity in the identity theft statute includes a forged digital likeness.

A forged digital likeness is a video recording, motion-picture film, sound recording, electronic image, or photograph, or a technological representation of speech or conduct substantially derivative of one, that was created, adapted, altered, or modified in a manner substantially dependent upon technical means, misrepresents the appearance, speech, or conduct of the individual, and is so realistic that a reasonable person would believe it depicts the image or speech of an actual individual.

The sentence is graded by the number of direct victims and the total combined loss to the direct and indirect victims, by reference to the theft sentencing tiers of section 609.52, subdivision 3. The court must order a person convicted of identity theft to pay restitution of not less than $1,000 to each direct victim of the offense. The 2026 omnibus public safety law that added forged digital likeness to the identity theft statute is effective August 1, 2026, unless otherwise noted.