SF5310

Purpose

• This bill aims to prohibit the nonconsensual creation, possession, and dissemination of nudification images (pictures or videos altered to depict someone nude or engaging in a sexual act in a way that makes it appear real). It creates criminal penalties for violations and sets standards for how such offenses are treated in court.

Key Definitions

• Nudification image: an image, photo, video, or recording that results from nudification and shows an identifiable person nude, exposing intimate parts, or engaging in a sexual act when the original material did not depict them that way.
• Nudification: the process of altering or generating an image or video to depict an intimate part not shown in the original material, and that is realistic enough that people would reasonably believe the intimate part belongs to the identifiable person.
• Dissemination: sharing or distributing the nudification image to one or more people other than the person depicted, through any publicly available medium.
• Intimate parts: as defined in Minnesota law (referenced from section 609.341).
• Personal information: identifiers that allow contact with a person, such as name, address, phone number, email, social media, or geolocation data.
• Sexual act: sexual contact or sexual penetration, as defined by law.
• Additional terms: the bill references related crimes and the concept of nonconsensual private sexual images in deciding penalties.

Prohibited Conduct

• Anyone who intentionally creates or disseminates a nudification image, and who knows or reasonably should know that the depicted person did not consent, and the person is identifiable either from the image itself or from the personal information shown with the image, commits a crime.

Penalties

• The offense is a felony with penalties up to:
  • 5 years in prison and/or a fine up to $10,000, or
  • Both prison and fine, depending on circumstances.
• Aggravating factors (which can raise penalties) include:
  • The depicted person suffered financial loss due to the nudification image.
  • The actor created or disseminated the image with intent to profit.
  • The actor runs or uses an internet site, online service, app, or platform to create or share nudification images.
  • The actor posts the nudification image on a website.
  • The actor created or disseminated the image with intent to harass the depicted person.
  • The source material was obtained by violating other laws (e.g., certain privacy or crime statutes).
  • The actor has prior convictions under this section or related statutes.
• If aggravating factors are present, penalties can rise to up to 10 years in prison or a fine up to $20,000, or both.

Sentencing Guidelines

• The Minnesota Sentencing Guidelines Commission must assign an appropriate severity level, considering factors like the nonconsensual nature, technological manipulation, and potential for widespread harm, and should align with similar offenses (such as nonconsensual private sexual image laws).

No Defense

• Consent given for private transmission of the nudification image is not a defense to a violation of this section.

Venue

• Prosecution can occur in the county where the offense happened, the actor’s or depicted person’s county of residence, or the county where the nudification image was produced, reproduced, found, stored, received, or possessed.

Exemptions

• The section does not apply to:
  • Use in lawful criminal investigations or prosecutions.
  • The reporting of unlawful conduct.
  • Medical or mental health treatment where the image is protected from further dissemination.
  • Certain commercial settings where the depicted person knew or should have known a nudification image would be created and disseminated.
  • Matters of public interest that serve a lawful public purpose if the image is clearly identified as a nudification image and the person acts in good faith.
  • Legitimate scientific research or educational purposes if the image is clearly identified and the person acts to minimize further dissemination (or is protected by court order).

Immunity

• Providers of interactive computer services, public mobile services, private radio services, telecommunications networks, or broadband networks are not criminally liable under this section for content provided by someone else.

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Relevant Terms - nudification image - nudification - nonconsensual - intimate parts - personal information - dissemination - felony - penalties (5 years, $10,000; up to 10 years, $20,000) - aggravating factors - sentencing guidelines - venue - exemptions - immunity - sexual act - private sexual image (related concept)