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Minnesota Bans AI 'Nudify' Apps — Nation's First Law of Its Kind

The Short Answer

Minnesota became the first U.S. state to ban websites and apps that use AI to generate sexually explicit images of real, identifiable people without their consent. The law took effect August 1, 2026, and carries civil penalties of up to $500,000 per violation.

The Full Story

The direct catalyst for Minnesota's landmark law was Molly Kelley, who discovered that a person she knew had used widely available AI 'nudification' tools to create hyper-realistic sexually explicit images and videos of her — and approximately 80 to 85 other women — using ordinary family photos posted to social media. Kelley testified before the legislature, turning personal trauma into historic policy change. Authored by Democratic State Sen. Erin Maye Quade and passed with near-unanimous bipartisan support (132-1 in the House, 65-0 in the Senate), the law takes a novel approach: rather than targeting the sharing of nonconsensual intimate images (as most states and the federal Take It Down Act do), Minnesota went upstream and targeted the tools themselves — the apps and websites that make creation effortless and require no technical skill whatsoever. Critics, including Elon Musk's AI company xAI, immediately filed suit arguing the law violates First Amendment free speech protections and lacks a safe harbor for platforms making good-faith efforts to prevent misuse. A federal court denied xAI's emergency request to block the law from taking effect on August 1, 2026. The broader debate about whether AI liability should fall on individual bad actors or the companies that build the enabling tools is far from over — but Minnesota has drawn the opening line.

Common Misconceptions

The law is sometimes described as banning 'all sexually explicit AI images,' but it specifically targets platforms and services that automate the 'nudification' of real, identifiable people. It does not ban general-purpose image editors like Photoshop, AI art tools broadly, or content created with the depicted person's consent. The law places the legal obligation on the operators of nudification services — not on individual users — though users also face liability. It is also sometimes confused with Minnesota's earlier deepfake dissemination law (Minn. Stat. § 617.262), which criminalizes the sharing of nonconsensual intimate deepfakes; HF 1606 is distinct in targeting the creation tools themselves.

Actual Legal Text

A person who owns or controls a website, application, software, or program must not allow a user to access, download, or use the service to 'nudify' an image or video — defined as altering or generating content to depict an intimate part not present in the original image of an identifiable individual, in a manner so realistic a reasonable person would believe it to be genuine. Violations may be enforced by the state Attorney General, and victims may bring a private civil action for damages including mental anguish, attorney fees, and up to $500,000 per unlawful access, download, or use. A narrow exemption exists where creating the output requires substantial human technical or artistic skill.

Current Status

Actively Enforced

Penalty

Civil penalties up to $500,000 per unlawful access, download, or use, enforced by the Minnesota Attorney General. Victims may also bring a private civil lawsuit for compensatory damages (including mental anguish), treble damages up to 3x actual damages, and attorney fees.

Fine: Up to USD500,000

Last Verified

August 28, 2026

Enacted

January 1, 2026

Jurisdiction Notes

State of Minnesota, United States. Applies to any website, app, or service accessible to Minnesota users. Operators must geo-block or otherwise restrict nudification functions for Minnesota users.

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