xAI Sues Minnesota to Block Nation’s First AI "Nudification" Law, Calling It Overbroad

xAI, the artificial intelligence company backed by Elon Musk, on Monday filed a federal lawsuit against Minnesota Attorney General Keith Ellison seeking to block HF 1606, the nation's first law aimed specifically at AI-driven "nudification." The complaint, filed in the U.S. District Court for the District of Minnesota, argues the statute is an "overbroad, content-based ban on free speech and the tools of visual expression."

What HF 1606 does: The law imposes strict liability on platforms if users generate realistic images of real people that show "intimate parts" those people never exposed. Each violating image could carry a civil penalty of up to $500,000—regardless of a platform's knowledge, intent, or efforts to prevent the content.

xAI's position: The company says it does not contest Minnesota's interest in banning nonconsensual, AI-generated nude images. But the complaint contends HF 1606 goes far beyond that goal and sweeps a broad range of protected expression into civil liability and potential sanctions.

Key Legal Objections

xAI argues Minnesota borrowed the phrase "intimate part" from a criminal sexual contact statute designed for nonconsensual touching, not image generation. Under that statutory language, body areas such as the inner thigh, buttocks, or breast are treated the same, which—xAI warns—could ensnare benign or consensual images such as a shirtless politician, a person in a swimsuit, or satirical depictions of public figures.

The complaint also notes HF 1606 includes no scienter requirement and no safe-harbor for good-faith mitigation. That means platforms could be held liable even if the depicted person consented (or created the image themselves), even if the image is never shared, or even if the platform took reasonable steps to block it.

Context And Enforcement History

xAI points to its own enforcement actions to show it takes harmful content seriously: in 2026 the company says it suspended more than 50,000 accounts and submitted over 70,000 reports to the National Center for Missing & Exploited Children (NCMEC), actions it says led to at least 244 arrests. xAI argues, however, that those efforts would not shield platforms from liability under HF 1606.

The lawsuit follows problems with xAI's Grok image tools after their July 2025 launch; those tools reportedly produced deepfakes from simple text prompts and prompted regulatory scrutiny in Europe, Australia and several U.S. states. Cities including Baltimore and three Tennessee minors have separately sued xAI over Grok outputs, and the company previously challenged Colorado's AI law on First Amendment grounds.

Legislative Backdrop And Competing Model

Minnesota passed HF 1606 by wide margins—132-1 in the House and 65-0 in the Senate—after a man used social-media photos to create sexual images of more than 80 women. The bill’s Senate sponsor, Senator Erin Maye Quade, said the law’s prohibition on consensual images was "intentional."

xAI points to the federal TAKE IT DOWN Act, signed in May 2025, as a narrower model: that law targets nonconsensual intimate deepfakes but requires proof of nonconsent and actual distribution, uses a tighter definition of covered body parts, and includes carve-outs for educational and medical material—safeguards xAI says Minnesota should have adopted.

"AI nudification robs the target of their dignity and can cause immense harm on an emotional, personal, and professional level," Attorney General Keith Ellison said after the lawsuit was filed.

HF 1606 is scheduled to take effect on Saturday. xAI has asked a federal judge to enjoin the law before it becomes enforceable.