Summary of HF 5157 (2025-2026) – Nonconsensual creation, possession, and dissemination of nudification images prohibited
Main purpose and intent
HF 5157 prohibits the nonconsensual creation, possession, and dissemination of nudification images and establishes criminal penalties, targeted at preventing harm from realistic, sexually explicit images created without the depicted person’s consent. The bill defines nudification, sets criminal offenses, outlines penalties and aggravating factors, and provides procedural details such as venue and immunity for certain intermediaries.
Key definitions
- Nudification image: An image, photo, video, or visual recording that results from nudification and shows an identifiable person nude or exposing intimate parts or engaging in a sexual act, when the source material did not depict the person in that state.
- Nudification: The process by which an image/video is altered or generated to depict an intimate part not present in the original material, and the altered piece appears realistic enough that a reasonable person would believe the intimate part belongs to the identifiable individual.
- Dissemination: Distribution to one or more persons other than the depicted individual, or publication by any publicly available medium.
- Intimate parts: As defined in Minnesota law (609.341, subd. 5).
- Personal information: Identifiers enabling contact or location (name, addresses, phone/email/social media, geolocation, etc.).
- Sexual act: Sexual contact or sexual penetration as defined in statute.
Prohibited conduct and criminalization
- A person is guilty of a crime if they intentionally create or disseminate a nudification image and:
1) knew or reasonably should have known the depicted individual did not consent; and
2) the depicted individual is identifiable from the nudification image or from the associated personal information.
Penalties (Subdivision 3)
- Base offense: Felony with up to
- 5 years imprisonment and/or
- $10,000 fine (or both).
Aggravated penalties (up to 10 years imprisonment and/or up to $20,000 fine) if any of the following apply:
1) the depicted individual suffers financial loss,
2) the offender intends to profit,
3) the offender operates or maintains a website/online service/app for creating/disseminating nudification images,
4) the nudification image is posted on a website,
5) the act was committed with intent to harass the depicted individual,
6) source material was obtained by violating other offenses (listed: sections 609.52, 609.746, 609.89, or 609.891),
7) the offender has a prior conviction under this section or related sections.
The Minnesota Sentencing Guidelines Commission must assign a severity level appropriate to offenses of similar gravity, considering nonconsensual nature, technological manipulation, and potential for harm.
No defense
Consent to private transmission of a nudification image is not a defense to prosecution under this section.
Venue
Offenses may be prosecuted in:
- The county where the offense occurred,
- The actor’s or depicted individual’s county of residence,
- The county where the nudification image was produced, reproduced, found, stored, received, or possessed.
Exemptions ( Subd. 6)
The law does not apply to:
- Lawful criminal investigations or prosecutions,
- Reporting unlawful conduct,
- Medical or mental health treatment where dissemination is restricted,
- Certain commercial settings where the depicted individual knew or should have known about creation/dissemination,
- Matters of public interest that serve a lawful purpose (with clear identification and good faith),
- Legitimate scientific research or educational purposes (with clear identification and good faith to minimize further dissemination),
- Legal proceedings in line with common practice or court order.
Immunity (Subd. 7)
Intermediaries such as interactive computer services, public mobile services, private radio services, telecommunications networks, or broadband providers are not criminally liable for content provided by another person.
Effective date
- The act becomes effective August 1, 2026.
- It applies to crimes committed on or after that date.
Administrative and procedural notes
- Introduced and referred to Public Safety Finance and Policy on May 17, 2026.
- Sponsored by a group of legislators (noted co-sponsors: Tom Dippel, Drew Roach, Marj Fogelman).
Potential impact and considerations
- Strengthens Minnesota’s framework against deepfake-like or otherwise fabricated nude/sexual imagery where consent was absent.
- Targets not only creation/dissemination, but also operation of platforms or services facilitating nudification, via enhanced penalties for profit-driven or platform-based dissemination.
- Sets venue flexibility to pursue cases across multiple relevant counties.
- Seeks to balance enforcement with exemptions for legitimate uses (research, education, public interest, medical contexts) and protections for legitimate investigations.
- Intermediaries are afforded immunity from criminal liability for user-generated content, aligning with common statute protections for service providers.
This summary outlines the bill’s substantive provisions, the conduct it criminalizes, penalties, exceptions, and how it would operate within Minnesota law if enacted.