The 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," which includes deepfakes, as a crime. The legislation introduces new definitions and expands the scope of violations, making it a third-degree crime to disclose any deceptive media without consent, with potential fines of up to $30,000. Additionally, the bill clarifies terms related to child exploitation, ensuring that any reproduction or distribution of materials depicting the sexual exploitation of children, including deceptive media, is subject to severe penalties.

Furthermore, the bill allows individuals whose images are misused to pursue civil actions in the Superior Court for damages, including actual and punitive damages, as well as reasonable attorney's fees. The penalties for non-consensual disclosure align with existing laws regarding revenge porn, categorizing it as a third-degree crime with a potential prison sentence of three to five years and fines up to $15,000. If the deceptive media involves a child, the penalties are even more severe, reflecting the serious implications of deepfake technology and its potential to cause harm through false representations.

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