Privacy Law Library

Use of Deep Fake Technology to Influence an Election

MN Election Deepfake Law

Artificial intelligence

Makes it a crime to knowingly or recklessly disseminate a realistic deep fake of a person without consent, with intent to injure a candidate or influence an election, within 90 days before a party nominating convention or after absentee voting begins. The Eighth Circuit affirmed the denial of a preliminary injunction in Kohls v. Ellison on February 9, 2026, so the law remains enforceable while the challenge continues.

Where

Minnesota

Citation

Minn. Stat. 609.771

Status

In force

In force since

2023-08-01

Enforced by

Criminal prosecution; injunctive relief actions by the Attorney General, county or city attorneys, the depicted individual, or an injured candidate (609.771, subds. 3-4)

People can sue

Limited

Penalties

Up to 90 days and $1,000; up to 364 days and $3,000 if intended to cause violence or bodily harm; up to five years and $10,000 for a repeat offense within five years. Convicted state or local candidates forfeit the nomination or office and are disqualified from appointment (subd. 3). Depicted individuals and injured candidates may seek injunctive relief only (subd. 4).

Applies to

• Any person who disseminates, or contracts to disseminate, an election deep fake (609.771, subd. 2)
• Broadcasters and cable systems are exempt when federal law requires them to air a candidate-produced deep fake (subd. 2(b))