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Sec. 76. Minnesota Statutes 2023 Supplement,section 609.771,subdivision 2, is amended to read:
Subd. 2. Use of deep fake to influence an election; violation. (a) A person who
disseminates a deep fake or enters into a contract or other agreement to disseminate a deep
fake is guilty of a crime and may be sentenced as provided in subdivision 3 if the person
knows or reasonably should know that acts with reckless disregard about whether the item
being disseminated is a deep fake and dissemination:
(1) takes place within 90 days before an election;
(2) (1) is made without the consent of the depicted individual; and
(3) (2) is made with the intent to injure a candidate or influence the result of an election;
and
(3) takes place either:
(i) within 90 days before a political party nominating convention; or
(ii) after the start of the absentee voting period prior to a presidential nomination primary,
or a regular or special state or local primary or general election.
(b) This subdivision does not apply to a broadcaster or cable television system that
disseminates a deep fake produced by a candidate if the broadcaster's or cable television
system's dissemination is required by federal law.
Sec. 77. Minnesota Statutes 2023 Supplement,section 609.771,subdivision 3, is amended
to read:
Subd. 3. Use of deep fake to influence an election; penalty. (a) A person convicted of
violating subdivision 2 may be sentenced as follows:
(1) if the person commits the violation within five years of one or more prior convictions
under this section, to imprisonment for not more than five years or to payment of a fine of
not more than $10,000, or both;
(2) if the person commits the violation with the intent to cause violence or bodily harm,
to imprisonment for not more than 364 days or to payment of a fine of not more than $3,000,
or both; or
(3) in other cases, to imprisonment for not more than 90 days or to payment of a fine of
not more than $1,000, or both.
(b) In the case of a candidate for state or local office convicted of violating subdivision 2, the court must enter a supplemental judgment declaring that the candidate has forfeited
the nomination or office in accordance with section 211B.17.
(c) A candidate for state or local office or other individual convicted of violating
subdivision 2 is disqualified from being appointed to that office or any other office for which
the legislature may establish qualifications under the Minnesota Constitution, article XII, section 3, in accordance with section 211B.18.
EFFECTIVE DATE. This section is effective July 1, 2024, and applies to crimes
committed on or after that date