This bill seeks to prohibit deepfake pornography and establish both criminal and civil penalties for the non-consensual disclosure of such material. It amends existing laws to classify the creation and distribution of deceptive audio or visual media, including deepfake content, as a crime. The bill introduces new definitions for "deceptive audio or visual media" and expands the scope of violations, making it a third-degree crime to disclose such media without consent, with a maximum fine of $30,000 for violations. Additionally, it clarifies definitions related to child exploitation, ensuring that deceptive media is included in the context of sexual exploitation of minors, and establishes strict liability for individuals who depict children in prohibited sexual acts.

Furthermore, the bill allows individuals whose images are misused to bring civil actions in the Superior Court for damages, including actual damages, punitive damages, and reasonable attorney's fees. The penalties for violating this law align with those for non-consensual disclosure of revenge porn, classified as a third-degree crime, which carries a potential sentence of three to five years in prison and fines up to $15,000. If the deceptive media involves a child, the penalties are more severe, reflecting those for child pornography offenses. Overall, the legislation aims to enhance protections against the misuse of technology in creating and distributing harmful content, particularly in cases involving children.

Statutes affected:
Introduced: 2C:14-9, 2A:58D-1