1.1Senator Maye Quade moved to amend
H.F. No. 5216, as amended pursuant to Rule 45,
1.2adopted by the Senate May 13, 2024, as follows:
1.3(The text of the amended House File is identical to
S.F. No. 5337.)
1.4Page 24, after line 25, insert:
1.6CIVIL PENALTIES; DEEP FAKES; CRIME MODIFIED
1.7 Section 1.
[325E.90] PROHIBITION ON MINOR ACCESS TO CREATE IMAGES
1.8DEPICTING INTIMATE PARTS OR SEXUAL ACTS.
1.9 Subdivision 1. Definitions. (a) For purposes of this section, the following terms have
1.10the meanings given.
1.11(b) "Commercial entity" means a corporation, limited liability company, partnership,
1.12limited partnership, sole proprietorship, or other legally recognized business entity.
1.13(c) "Deep fake" has the meaning given in section 604.32, subdivision 1, paragraph
(b).
1.14(d) "Depicted individual" has the meaning given in section 604.32, subdivision 1,
1.15paragraph (c).
1.16(e) "Intimate part" has the meaning given in section 604.32, subdivision 1, paragraph
1.17(d).
1.18(g) "Nudify" means the process by which an image or video is altered to reveal an
1.19intimate part not depicted in the original unaltered image.
1.20(f) "Sexual act" has the meaning given in section 604.32, subdivision 1, paragraph
(f).
1.21 Subd. 2. Minor access prohibited. A commercial entity must not knowingly permit a
1.22minor to access, download, or use a website, application, software, or program that
permits
1.23a user to:
1.24(1) nudify an image or video; or
1.25(2) create a deep fake that realistically depicts an individual's intimate part or
realistically
1.26depicts an individual engaging in a sexual act.
1.27 Subd. 3. Penalties. The attorney general may enforce this section pursuant to section
1.288.31. In addition to any other remedies or penalties, a commercial entity that is
found to
1.29have violated this section is subject to a civil penalty of not more than $50,000
for each
1.30unlawful access, download, or use under subdivision 2.
2.1 Sec. 2. Minnesota Statutes 2023 Supplement, section 617.262, subdivision 2, is amended
2.2to read:
2.3 Subd. 2.
Crime. It is a crime
for an adult to intentionally disseminate a deep fake when:
2.4(1) the
adult actor knows or reasonably should know that the depicted individual did not
2.5consent to the dissemination;
2.6(2) the deep fake realistically depicts any of the following:
2.7(i) the intimate parts of another individual presented as the intimate parts of the
depicted
2.8individual;
2.9(ii) artificially generated intimate parts presented as the intimate parts of the
depicted
2.10individual; or
2.11(iii) the depicted individual engaging in a sexual act; and
2.12(3) the depicted individual is identifiable:
2.13(i) from the deep fake itself, by the depicted individual or by another individual;
or
2.14(ii) from the personal information displayed in connection with the deep fake.
2.15EFFECTIVE DATE.This section is effective August 1, 2024, and applies to crimes
2.16committed on or after that date.
2.17 Sec. 3. Minnesota Statutes 2023 Supplement, section 617.262, subdivision 3, is amended
2.18to read:
2.19 Subd. 3.
Penalties. (a) Except as provided in paragraph (b),
whoever an adult who
2.20violates subdivision 2 is guilty of a gross misdemeanor.
2.21(b)
Whoever An adult who violates subdivision 2 may be sentenced to imprisonment
2.22for not more than three years or to payment of a fine of $5,000, or both, if one of
the
2.23following factors is present:
2.24(1) the depicted individual suffers financial loss due to the dissemination of the
deep
2.25fake;
2.26(2) the
adult actor disseminates the deep fake with intent to profit from the dissemination;
2.27(3) the
adult actor maintains an Internet website, online service, online application, or
2.28mobile application for the purpose of disseminating the deep fake;
2.29(4) the
adult actor posts the deep fake on a website;
2.30(5) the
adult actor disseminates the deep fake with intent to harass the depicted individual;
3.1(6) the
adult actor obtained the deep fake by committing a violation of section
609.52,
3.2609.746,
609.89, or
609.891; or
3.3(7) the
adult actor has previously been convicted under this chapter.
3.4EFFECTIVE DATE.This section is effective August 1, 2024, and applies to crimes
3.5committed on or after that date.
3.6 Sec. 4. Minnesota Statutes 2023 Supplement, section 617.262, subdivision 5, is amended
3.7to read:
3.8 Subd. 5.
Venue. Notwithstanding anything to the contrary in section
627.01, an offense
3.9committed under this section may be prosecuted in:
3.10(1) the county where the offense occurred;
3.11(2) the county of residence of the
adult actor or victim or in the jurisdiction of the victim's
3.12designated address if the victim participates in the address confidentiality program
established
3.13by chapter 5B; or
3.14(3) only if venue cannot be located in the counties specified under clause (1) or
(2), the
3.15county where any deep fake is produced, reproduced, found, stored, received, or possessed
3.16in violation of this section.
3.17EFFECTIVE DATE.This section is effective August 1, 2024, and applies to crimes
3.18committed on or after that date."
3.19Amend the title accordingly
3.20The motion prevailed. #did not prevail. So the amendment was #not adopted.