HF 5157

05/14/26   REVISOR  VH/EN  26-08582
This Document can be made available
in alternative formats upon request  State of Minnesota
  HOUSE OF REPRESENTATIVES
  NINETY-FOURTH SESSION
  H. F. No.   5157
05/17/2026     Authored by Roach, Murphy, Dippel and Fogelman
  The bill was read for the first time and referred to the Committee on Public Safety Finance and Policy
1.1A bill for an act
1.2relating to crime; prohibiting the nonconsensual creation, possession, and
1.3dissemination of nudification images; providing criminal penalties; proposing
1.4coding for new law in Minnesota Statutes, chapter 617.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6Section 1. [617.263] NONCONSENSUAL CREATION OR DISSEMINATION OF
1.7NUDIFICATION IMAGES.
1.8Subdivision 1. Definitions. (a) For purposes of this section, the following terms have
1.9the meanings given.
1.10(b) "Dissemination" means distribution to one or more persons, other than the individual
1.11depicted in the nudification image, or publication by any publicly available medium.
1.12(c) "Intimate parts" has the meaning given in section 609.341, subdivision 5.
1.13(d) "Nudification image" means an image, photograph, video, or visual recording that
1.14is the resulting product of nudification and includes an image that depicts the identifiable
1.15individual as nude or exposing intimate parts, or engaging in a sexual act, when the source
1.16material did not depict the individual in that state.
1.17(e) "Nudification" means the process by which:
1.18(1) an image or video is altered or generated to depict an intimate part not depicted in
1.19an original unaltered image or video of an identifiable individual; and
1.20(2) the altered or generated image or video is so realistic that a reasonable person would
1.21believe that the intimate part belongs to the identifiable individual.
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2.1(f) "Personal information" means any identifier that permits communication or in-person
2.2  contact with an individual, including:
2.3(1) an individual's first and last name, first initial and last name, first name and last
2.4  initial, or nickname;
2.5(2) an individual's home, school, or work address;
2.6(3) an individual's telephone number, email address, or social media account information;
2.7  or
2.8(4) an individual's geolocation data.
2.9(g) "Sexual act" means either sexual contact or sexual penetration as defined in section
2.10 617.261, subdivision 7.
2.11Subd. 2. Prohibition. Whoever intentionally creates or disseminates a nudification image
2.12 is guilty of a crime and must be sentenced under subdivision 3 when:
2.13(1) the actor knows or reasonably should know that the depicted individual did not
2.14 consent to the creation or dissemination; and
2.15(2) the depicted individual is identifiable:
2.16(i) from the nudification image itself, by the depicted individual or by another individual;
2.17 or
2.18(ii) from the personal information displayed in connection with the nudification image.
2.19Subd. 3. Penalties. (a) Whoever violates subdivision 2 is guilty of a felony and may be
2.20 sentenced to imprisonment for not more than five years or to payment of a fine of not more
2.21 than $10,000, or both. If one or more of the following aggravating factors are present, the
2.22 person may be sentenced to imprisonment for not more than ten years or to payment of a
2.23 fine of not more than $20,000, or both:
2.24(1) the depicted individual suffers financial loss due to the creation or dissemination of
2.25 the nudification image;
2.26(2) the actor creates or disseminates the nudification image with intent to profit;
2.27(3) the actor maintains an Internet website, online service, online application, or mobile
2.28 application for the purpose of creating or disseminating nudification images;
2.29(4) the actor posts the nudification image on a website;
2.30(5) the actor creates or disseminates the nudification image with intent to harass the
2.31 depicted individual;
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3.1      (6) the actor obtained the source material for the nudification image by committing a
3.2  violation of section 609.52, 609.746, 609.89, or 609.891; or
3.3      (7) the actor has previously been convicted under this section or section 617.261 or
3.4  617.262.
3.5      (b) As soon as is practicable, the Minnesota Sentencing Guidelines Commission must
3.6  assign an appropriate severity level ranking consistent with offenses of similar gravity, such
3.7  as nonconsensual dissemination of private sexual images under section 617.261, subdivision
3.8  2, paragraph (b), taking into the consideration the nonconsensual nature, technological
3.9  manipulation, and potential for widespread harm.
3.10     Subd. 4. No defense. It is not a defense to a prosecution for a violation of subdivision
3.11 2 that the individual depicted in the nudification image consented to the voluntary private
3.12 transmission of the nudification image.
3.13     Subd. 5. Venue. An offense committed under this section may be prosecuted in the
3.14 county where the offense occurred, the county of residence of the actor or the depicted
3.15 individual, or the county where the nudification image was produced, reproduced, found,
3.16 stored, received, or possessed.
3.17     Subd. 6. Exemptions. This section does not apply to the use of nudification images for
3.18 purposes of:
3.19     (1) a lawful criminal investigation or prosecution;
3.20     (2) the reporting of unlawful conduct;
3.21     (3) medical or mental health treatment where the image is protected from further
3.22 dissemination;
3.23     (4) a commercial setting where the depicted individual knew or reasonably should have
3.24 known that a nudification image would be created and disseminated;
3.25     (5) a matter of public interest that serves a lawful public purpose, provided the person
3.26 clearly identifies the image as a nudification image and acts in good faith;
3.27     (6) legitimate scientific research or educational purposes, provided the image is clearly
3.28 identified and the person acts in good faith to minimize further dissemination; or
3.29     (7) legal proceedings consistent with common practice or protected by court order.
3.30     Subd. 7. Immunity. No interactive computer service, public mobile service, private
3.31 radio service, telecommunications network, or broadband provider is criminally liable under
3.32 this section for content provided by another person.
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4.1     EFFECTIVE DATE. This section is effective August 1, 2026, and applies to crimes
4.2 committed on or after that date.
      Section 1.  4