H.F. 1370 / Laws 2023, chapter 58: deep fakes in elections (Minn. Stat. 609.771) and nonconsensual sexual deep fakes (604.32, 617.262), as amended by Laws 2024, chapter 112

Summary

Minnesota's 2023 deep fake act created three provisions. Section 609.771 makes it a crime to disseminate, or contract to disseminate, a deep fake of a person without consent, with intent to injure a candidate or influence an election, when the person knows or recklessly disregards that it is a deep fake. A 2024 amendment (Laws 2024, chapter 112, article 2, sections 76 to 78) set the covered window as within 90 days before a party nominating convention or after absentee voting begins, and added forfeiture of nomination or office and disqualification for convicted state or local candidates. Penalties run from up to 90 days and a $1,000 fine to up to five years and a $10,000 fine for a repeat offense within five years. The Attorney General, county and city attorneys, the depicted person and an injured candidate may seek an injunction. Section 604.32 gives a civil cause of action, with damages including financial loss and mental anguish, for disseminating a realistic sexual deep fake of an identifiable person without consent; section 617.262 makes that a gross misdemeanor, or a felony-level offense of up to three years and $5,000 where aggravating factors such as financial loss are present. The federal courts have so far refused to enjoin the election provision: in February 2026 the Eighth Circuit upheld the denial of a preliminary injunction in Kohls v. Ellison, and the challenge continues.

Key dates

1. May 26, 2023Enacted
2. October 16, 2026Checked against sources
3. October 21, 2026Checked against sources

Developments are added when the record is reviewed. Next review: January 15, 2027.

Evidence

Each passage is quoted from its source. The quoted passages are re-checked against the live pages every month.

1. establishing a cause of action for nonconsensual dissemination of deep fake sexual images; establishing the crime of using deep fake technology to influence an election

   Supports: Act number and scope

   Presented to the governor May 23, 2023 Signed by the governor May 26, 2023

   Supports: Signing date

   This section is effective August 1, 2023, and applies to crimes committed on or after that date.

   Supports: Effective date

   Laws of Minnesota 2023, chapter 58 (H.F. 1370) Minnesota Office of the Revisor of Statutes Primary source

2. is made with the intent to injure a candidate or influence the result of an election

   Supports: Elements of the election offense

   within 90 days before a political party nominating convention

   Supports: Covered period as amended

   the court must enter a supplemental judgment declaring that the candidate has forfeited the nomination or office

   Supports: Forfeiture penalty

   Minn. Stat. 609.771, Use of deep fake technology to influence election Minnesota Office of the Revisor of Statutes Primary source

3. Minnesota Statutes 2023 Supplement, section 609.771, subdivision 2, is amended to read:

   Supports: 2024 amendment

   Presented to the governor May 17, 2024 Signed by the governor May 17, 2024

   Supports: 2024 amendment signing date

   Laws of Minnesota 2024, chapter 112 (H.F. 4772) Minnesota Office of the Revisor of Statutes Primary source

4. A cause of action against a person for the nonconsensual dissemination of a deep fake exists when:

   Supports: Civil cause of action

   Minn. Stat. 604.32, Cause of action for nonconsensual dissemination of a deep fake Minnesota Office of the Revisor of Statutes Primary source

5. Whoever violates subdivision 2 may be sentenced to imprisonment for not more than three years or to payment of a fine of $5,000, or both, if one of the following factors is present

   Supports: Criminal penalty

   Minn. Stat. 617.262, Nonconsensual dissemination of a deep fake depicting intimate parts or sexual acts Minnesota Office of the Revisor of Statutes Primary source

6. The district court rejected Kohls' and Franson's request for a preliminary injunction, and the Eighth Circuit upheld the denial.

   Supports: Litigation status, February 2026

   No Preliminary Injunction in Challenge to Minnesota Election Deepfake Law, but Challenge Goes On The Volokh Conspiracy (Reason) Reporting or analysis