- Citation
- Minn. Stat. 609.771
- Enacted
- May 26, 2023
- Effective
- August 1, 2023
- When it applies
- within 90 days before a political party nominating convention, or after the start of absentee voting for a presidential nomination primary, state or local primary, or general election (as amended in 2024)
- Media covered
- any video recording, motion-picture film, sound recording, electronic image, or photograph (or technological representation substantially derived from one) so realistic that a reasonable person would believe it shows real speech or conduct, whose production depended substantially on technical means rather than a human impersonator
- Who it covers
- any person who disseminates a deep fake or enters into a contract or agreement to have one disseminated
- Rule
- ban
- Intent required
- Person knows, or acts with reckless disregard about whether, the item is a deep fake; dissemination is without the depicted individual's consent; and it is made with intent to injure a candidate or influence the result of an election. (The original 2023 text used a 'knows or reasonably should know' standard.)
- Exemptions
- Broadcasters and cable or satellite systems that air a candidate-produced deep fake they are required by federal law to carry
- No express exemption for news, satire, or parody; the Eighth Circuit (Kohls v. Ellison, 2026) held that videos clearly labeled as parody are not deep fakes because a reasonable person would not believe them real
- Criminal penalty
- Up to 90 days jail and/or $1,000 fine; up to 364 days and/or $3,000 if done with intent to cause violence or bodily harm; up to 5 years and/or $10,000 if within 5 years of a prior conviction under this section.
- Civil penalty
- A candidate for state or local office convicted under this section forfeits the nomination or office, and a convicted candidate or other individual is disqualified from appointment to that office or any other office for which the Legislature may set qualifications (added 2024).
- Who can sue
- Injunctive relief only (no damages): the Attorney General, a county or city attorney, the depicted individual, or a candidate who is injured or likely to be injured may sue to stop dissemination.
- Injunction available
- Yes
- Court challenges
- Kohls v. Ellison (D. Minn. No. 24-cv-3754): preliminary injunction denied Jan. 10, 2025 (commentator Christopher Kohls lacked standing; Rep. Mary Franson had standing but unreasonably delayed). Eighth Circuit affirmed Feb. 9, 2026 (No. 25-1300, Colloton, Loken and Benton), reasoning that videos clearly labeled as parody are not deep fakes because a reasonable person would not believe them real; rehearing en banc was reportedly denied in March 2026. The case continues on the merits in district court. X Corp. v. Ellison (D. Minn. No. 0:25-cv-01649): on Dec. 2, 2025 the court dismissed X's Section 230 claim for lack of standing; X's First Amendment claim was stayed. As of October 2026 no court has blocked the law.
- Notes
- 2023 Minn. Laws ch. 58, sec. 2; amended by 2024 Minn. Laws ch. 112, art. 2, secs. 76 to 78 (window, mens rea, candidate forfeiture). Covers AI audio, so an AI voice clone of a candidate in a call or voicemail is covered. No change to the statute in the 2025 or 2026 sessions per the Revisor history.