Minnesota H 4772 (Elections policy), Sec. 76-77

Summary

Amends Minnesota law to criminalize the dissemination of deep fakes intended to influence elections.

Prohibits the distribution of deep fakes within 90 days before elections or political conventions without consent if intended to harm a candidate or influence election outcomes.

Excludes broadcasters following federal law from these prohibitions.

Imposes penalties for violations, including imprisonment up to five years and fines up to $10,000 based on prior offenses or intent to cause harm.

Requires that candidates convicted under this law forfeit their nomination or office.

Disqualifies individuals convicted under this law from holding certain public offices.

Sets the effective date for July 1, 2024, applicable to crimes committed thereafter.

Criminalizes disseminating deep fakes within election contexts to injure candidates or influence election results.

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.

Amends law to penalize election-influencing deep fakes, including forfeiture of office for convicted candidates.

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.

Establishes effectiveness on July 1, 2024, for crimes committed thereafter.

EFFECTIVE DATE. This section is effective July 1, 2024, and applies to crimes committed on or after that date