North Dakota
Legislation
Non-Consensual Intimate Imagery
EnactedClass A misdemeanor to create, possess, AND distribute deepfakes. Civil: up to $10,000 statutory damages + disgorgement. Broader than many states.
AI-generated CSAM. Class C felony (up to 5 years); Class B felony (aggravated).
Election Deepfakes
EnactedNo specific legislation.
Comprehensive deepfake NCII laws with criminal + civil remedies. Covers creation, possession, AND distribution.
Documented Incidents
Valley City, ND
OtherApril 15, 2025
At least 5 teenage girls from the local community
Mitchell Kohler, 49, searched Instagram for images of teenage girls he knew in the Valley City community, then used AI software to generate nude deepfake images. Police found 'before and after' photographs on his devices.
Outcome: Sentenced to 4 years in prison, 3 years supervised probation, sex offender registration. Additionally indicted on 6 federal counts.
InForumDavies High School, Fargo, ND
SchoolApril 2025
Many victims across multiple Fargo-area schools (predominantly female students)
North Dakota BCI launched a probe after a West Fargo middle school resource officer discovered AI-generated CSAM created using a female student's face. Investigation expanded to Davies High School where dozens of students used Snapchat to create and distribute CSAM.
Outcome: Multiple search warrants executed. AG stated charges expected at state and possibly federal level. Investigation ongoing.
InForum