HF5114

Purpose

This bill creates a new criminal offense called "nudification" and defines it to address non-consensual manipulation of images or videos. It aims to protect people from having an image or video altered to show an intimate part as if it belongs to them, even though the alteration did not occur in reality.

Main provisions

• Definition of nudify: Nudify means (1) altering or generating an image or video to depict an intimate part that is not shown in the original unaltered image or video, of an identifiable person; and (2) the altered or generated image or video is so realistic that a reasonable person would believe the intimate part belongs to the identifiable individual.

• Criminal liability: A person who intentionally nudifies an image or video of another person, while knowing or having reason to know that the subject did not consent to the nudification, commits a felony.

• Penalties: The crime carries a punishment of up to 2 years in imprisonment, a fine of up to $4,000, or both.

• Statutory basis: The provisions create a new offense under Minnesota law (617.265 Nudification) and apply to deliberate manipulation of images or videos as described.

Significance and potential impact

• Legal change: Adds a new felony offense to protect individuals from non-consensual, realistic-looking manipulation of their images or videos.

• Scope and elements: The offense hinges on intent, lack of consent, and the manipulation producing a realistic depiction of an intimate part, making it a crime even if the original image or video did not contain that intimate part.

• Enforcement: Establishes criminal penalties to deter and punish this form of image manipulation.

Terminology and related concepts

• Key terms from the bill: nudify, nudification, image, video, intimate part, original unaltered image or video, identifiable individual, consent, felony, imprisonment, fine.

• Related terms and concepts: deepfake, image manipulation, non-consensual sexual image editing, non-consensual deepfake.

Relationship to existing law

• Introduces a new statute (617.265 Nudification) creating a distinct criminal offense for non-consensual nudification of images or videos.

• The text provided does not indicate exceptions or defenses beyond the stated elements; it focuses on defining the offense and penalties.

Relevant Terms - nudify - nudification - image - video - intimate part - original unaltered image or video - identifiable individual - consent - felony - imprisonment - fine - Minnesota Statutes chapter 617 - 617.265 Nudification - deepfake - image manipulation - non-consensual deepfake