Privacy Law Library

Nonconsensual Dissemination of Private Sexual Images (civil and criminal)

MN NCII Law

Other

Enacted in 2016, these sections let a person sue, and allow prosecution of anyone, who shares sexual images of an identifiable person without consent when the image was made or obtained with a reasonable expectation of privacy. The civil section also covers using someone's personal information to solicit sexual acts in a way meant to harass or frighten them, and it preserves Section 230 protections for platforms.

Where

Minnesota

Citation

Minn. Stat. 604.31 (civil); 617.261 (criminal)

Status

In force

Enforced by

Depicted individual by civil action (604.31); criminal prosecution (617.261)

People can sue

Yes

Penalties

Civil: general and special damages, disgorgement of profits, a civil penalty to the plaintiff of up to $10,000, fees and costs, injunctions, and up to $1,000 per day for violating a court order (604.31, subds. 3-4). Criminal penalties are set in 617.261.

Applies to

• Any person who disseminates a sexual image of an identifiable person without consent where the image was obtained or created with a reasonable expectation of privacy, or who uses another's personal information to solicit sexual acts (604.31, subds. 1-2; 617.261)