Artificial intelligence tools now make it possible to create deepfakes—realistic images, videos and audio—that appear to depict real people saying or doing things they never actually did. Deepfakes and other forms of online impersonation raise complex legal questions, particularly when the content spreads quickly or causes harm.

In Minnesota, the legality of AI-generated content depends less on the technology itself and more on how it is created, used and shared.

Creating Deepfakes Without Malicious Intent

AI-generated content is not inherently illegal. People use deepfake technology for entertainment, parody, experimentation or private creative projects. Minnesota law does not broadly prohibit the creation of synthetic images or audio simply because they are artificial or misleading.

This can include sexually explicit or pornographic material generated using AI. If such content is created privately, not shared and not used to harass, threaten or harm another person, it may not violate Minnesota criminal law on its own.

However, the absence of immediate criminal liability does not mean the activity is risk-free. Legal exposure often arises from what happens next, particularly if the content is distributed, saved by others or later used in a dispute.

Because the law focuses on impact rather than novelty, intent and use are the key factors in cases involving deepfakes.

When Use or Distribution Creates Legal Exposure

Deepfakes and impersonation become legal problems most often when they are presented as real or used to affect another person. Sharing content, sending it directly to someone or posting it publicly can dramatically change how the law treats the same material.

Courts and law enforcement may consider whether the content was designed to deceive, intimidate or damage someone’s reputation, relationships or livelihood. The audience, the manner of distribution and the surrounding context all matter.

Harassment and Stalking Concerns

AI-generated images, videos or messages may fall under Minnesota’s harassment or stalking laws if they are used repeatedly or in a way that causes fear, distress or substantial disruption to another person’s life.

Impersonation through fake profiles or cloned voices can amplify this risk, especially when the conduct involves unwanted contact, threats or attempts to control another person’s behavior. Even content that began as a joke or experiment can cross legal lines if it becomes persistent or targeted.

Nonconsensual Sexual Images and Deepfakes

Sexualized deepfakes raise particular concerns. Minnesota law addresses nonconsensual intimate images, and AI-generated content may still create legal issues if it depicts a real person in a sexual context without consent and is shared or threatened to be shared.

Even when no real photograph exists, courts may focus on the harm caused by the depiction and the lack of consent. Distribution, coercion or attempts to exploit the content for leverage significantly increase legal risk.

Defamation and False Statements

When AI-generated content falsely portrays a person engaging in criminal, unethical or damaging conduct that is presented as fact rather than parody or opinion, it may open the creator and distributor up to civil liability.     

This can apply even if the deepfake does not depict the person doing anything illegal. For example, an AI-generated video or audio clip falsely showing a person making racist or hateful statements may give rise to libel claims if it is presented as authentic and causes reputational, employment or personal harm.

Defamation cases are typically civil claims, but the financial and reputational consequences can be life-altering for the individuals who created and spread the deepfake. The more realistic and believable the content, the more closely courts may scrutinize how it was used.

Blackmail, Extortion and Financial Harm

Using deepfakes to demand money, silence or other concessions can quickly move into criminal territory. Threatening to release fabricated images or audio unless demands are met may support extortion or coercion allegations, even if the underlying content is artificial.

In these situations, the use of AI-generated deepfakes does not insulate a person from liability.

Courts generally focus on the threat and intent rather than the authenticity of the material.

Misinformation and the Limits of Criminal Law

Not all misinformation is illegal. Spreading false or misleading content, including AI-generated material, does not automatically result in criminal charges or civil liability. Minnesota law typically requires specific elements such as intent, harm or statutory violations.

Minnesota’s Deepfake Laws

Minnesota has already enacted specific laws addressing deepfakes.

The state makes it a crime to intentionally disseminate a deepfake that realistically depicts a person’s intimate parts or sexual acts without consent. Penalties can include fines and jail time depending on the circumstances.

Minnesota also prohibits the dissemination of deepfakes intended to injure a political candidate or influence an election within specified time periods.

In addition, individuals depicted in nonconsensual deepfakes may pursue civil causes of action under state law.

Both Creators of Deepfakes and Those Injured by Them May Benefit From Legal Guidance

In a developing area of law like this one, it is not uncommon for people on both sides of a deepfake dispute to need legal guidance.

Many cases involve minors or young people who create or share AI-generated content without realizing that it can expose them and their families to civil lawsuits or, in some situations, criminal investigation.

Other cases involve individuals who experience serious reputational or personal harm after fabricated images, videos or audio are shared or used coercively.

If you or your child are facing civil or criminal issues related to the creation, sharing or misuse of AI-generated content, or if you have suffered reputational harm or been threatened with the release of a deepfake, our referral counselors can help connect you with a qualified Minnesota attorney experienced in criminal defense, civil litigation, defamation and privacy matters.



You can fill out our self-referral form or call (612) 752-6699 to speak with a referral counselor.