§ 98B.0021.Liability for Unlawful Production, Solicitation, Disclosure, or Promotion of Certain Artificial Intimate Visual Material

The 2025 provision extending the chapter to AI-generated material, and it reaches further than the original.

A defendant is liable to a person depicted in artificial intimate visual material for damages arising from the production, solicitation, disclosure, or promotion of the material if:

(1) the defendant produces, solicits, discloses, or promotes it without the effective consent of the depicted person and with the intent to harm that person; (2) the conduct causes harm; and (3) the conduct reveals the identity of the depicted person in any manner, including through accompanying or subsequent material.

Four verbs rather than one. The original provision reaches disclosure; this reaches production, solicitation, disclosure, or promotion.

"Produces" and "solicits" are the significant additions. Making the material is actionable without any disclosure at all, and so is asking someone else to make it.

That reflects a difference in the harm. Real intimate material exists before any wrongdoing; the injury is in its disclosure. Artificial material is created by the wrongdoer, and the creation is itself the act against the person depicted.

Note what is absent. There is no element corresponding to the original provision's requirement that the defendant knew the material was created under circumstances of expected privacy — which would make no sense for material generated without the person's involvement.

The remaining elements — intent to harm, resulting harm, and identity revealed — track the original.