| 8 | | - | 1.8 (b) "Intimate part" has the meaning given in section 609.341, subdivision 5. |
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| 9 | | - | 1.9 (c) "Nudify" or "nudified" means the process by which: |
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| 10 | | - | 1.10 (1) an image or video is altered or generated to depict an intimate part not depicted in |
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| 11 | | - | 1.11an original unaltered image or video of an identifiable individual; and |
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| 12 | | - | 1.12 (2) the altered or generated image or video is so realistic that a reasonable person would |
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| 13 | | - | 1.13believe that the intimate part belongs to the identifiable individual. |
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| 14 | | - | 1.14 Subd. 2.Nudification prohibited.A person who owns or controls a website, application, |
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| 15 | | - | 1.15software, program, or other service that creates, generates, or edits images or videos must |
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| 16 | | - | 1.16not: |
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| 17 | | - | 1.17 (1) allow a user to access, download, or use the website, application, software, program, |
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| 18 | | - | 1.18or other service to nudify an image or video; or |
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| 19 | | - | 1.19 (2) nudify an image on behalf of a user. |
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| 8 | + | 1.8 (b) "Intimate part" has the meaning given in section 604.32, subdivision 1, paragraph |
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| 9 | + | 1.9(d). |
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| 10 | + | 1.10 (c) "Nudify" means the process by which: |
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| 11 | + | 1.11 (1) an image or video is altered to reveal an intimate part not depicted in the original |
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| 12 | + | 1.12unaltered image or video; or |
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| 13 | + | 1.13 (2) the depiction is so realistic that a reasonable person would believe the depiction |
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| 14 | + | 1.14reveals an intimate part of an identifiable individual. |
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| 15 | + | 1.15 Subd. 2.Nudification prohibited.A person who owns or controls a website, application, |
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| 16 | + | 1.16software, or program must not allow a user to access, download, or use the website to nudify |
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| 17 | + | 1.17an image or video. |
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| 18 | + | 1.18 Subd. 3.Civil action; damages.An individual injured by a violation of this section may |
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| 19 | + | 1.19bring an action for: |
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| 20 | + | 1.20 (1) compensatory damages, including mental anguish or suffering, in an amount up to |
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| 21 | + | 1.21three times the actual damages sustained; |
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| 27 | | - | Introduction and first reading31302/06/2025 |
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| 28 | | - | Referred to Commerce and Consumer Protection |
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| 29 | | - | Author added Duckworth34702/10/2025 |
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| 30 | | - | Withdrawn and re-referred to Judiciary and Public Safety348 |
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| 31 | | - | Author added Wiklund42302/17/2025 |
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| 32 | | - | Comm report: To pass as amended and re-refer to Commerce and Consumer Protection04/01/2025 2.1 Subd. 3.Civil action; damages.An individual depicted in an image or video that was |
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| 33 | | - | 2.2nudified in violation of this section may bring a civil action in district court against the |
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| 34 | | - | 2.3person who violated this section for: |
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| 35 | | - | 2.4 (1) compensatory damages, including mental anguish or suffering, in an amount up to |
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| 36 | | - | 2.5three times the actual damages sustained; |
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| 37 | | - | 2.6 (2) punitive damages; |
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| 38 | | - | 2.7 (3) injunctive relief; |
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| 39 | | - | 2.8 (4) reasonable attorney fees, costs, and disbursements; and |
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| 40 | | - | 2.9 (5) other relief the court deems just and equitable. |
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| 41 | | - | 2.10 Subd. 4.Penalties.(a) The attorney general may enforce this section under section 8.31. |
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| 42 | | - | 2.11In addition to other remedies or penalties, a person that violates this section is subject to a |
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| 43 | | - | 2.12civil penalty not in excess of $500,000 for each unlawful access, download, or use under |
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| 44 | | - | 2.13subdivision 2. |
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| 45 | | - | 2.14 (b) Notwithstanding any contrary provision in law, including but not limited to section |
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| 46 | | - | 2.1516A.151, any civil penalty recovered under this subdivision must be deposited into the |
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| 47 | | - | 2.16general fund. On July 1 of each year, the accumulated balance of civil penalties collected |
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| 48 | | - | 2.17in the previous year is appropriated to the commissioner of public safety for the Office of |
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| 49 | | - | 2.18Justice Programs to provide grants to organizations to provide direct services and advocacy |
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| 50 | | - | 2.19for victims of sexual assault, general crime, domestic violence, and child abuse. Funding |
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| 51 | | - | 2.20must support the direct needs of organizations serving victims of crime by providing: direct |
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| 52 | | - | 2.21client assistance to crime victims; competitive wages for direct service staff; hotel stays and |
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| 53 | | - | 2.22other housing-related supports and services; culturally responsive programming; prevention |
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| 54 | | - | 2.23programming, including domestic abuse transformation and restorative justice programming; |
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| 55 | | - | 2.24and for other needs of organizations and crime victim survivors. Services funded must |
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| 56 | | - | 2.25include services for victims of crime in underserved communities most impacted by violence |
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| 57 | | - | 2.26and reflect the ethnic, racial, economic, cultural, and geographic diversity of the state. Up |
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| 58 | | - | 2.27to ten percent of the appropriation is available for grant administration. |
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| 59 | | - | 2.28 Subd. 5.Jurisdiction; venue.(a) A court has jurisdiction over a civil action filed pursuant |
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| 60 | | - | 2.29to this section if the plaintiff or defendant resides in this state. |
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| 61 | | - | 2.30 (b) A civil action arising under this section may be filed in the county where the plaintiff |
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| 62 | | - | 2.31resides. |
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| 63 | | - | 2.32 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to causes |
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| 64 | | - | 2.33of action accruing on or after that date. |
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| 29 | + | Introduction and first reading02/06/2025 |
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| 30 | + | Referred to Commerce and Consumer Protection 2.1 (2) punitive damages; |
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| 31 | + | 2.2 (3) injunctive relief; |
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| 32 | + | 2.3 (4) reasonable attorney fees, costs, and disbursements; and |
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| 33 | + | 2.4 (5) other relief the court deems just and equitable. |
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| 34 | + | 2.5 Subd. 4.Penalties.The attorney general may enforce this section under section 8.31. |
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| 35 | + | 2.6In addition to other remedies or penalties, a person that violates this section is subject to a |
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| 36 | + | 2.7civil penalty of not less than $500,000 for each unlawful access, download, or use under |
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| 37 | + | 2.8subdivision 2. |
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| 38 | + | 2.9 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to causes |
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| 39 | + | 2.10of action accruing on or after that date. |
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