LEGISLATIVE FISCAL ESTIMATE
[Second Reprint]
ASSEMBLY COMMITTEE SUBSTITUTE FOR
ASSEMBLY, No. 2818
STATE OF NEW JERSEY
221st LEGISLATURE
DATED: JULY 3, 2024
SUMMARY
Synopsis: Prohibits and imposes criminal penalty on disclosure of certain
intentionally deceptive audio or visual media within 90 days of
election.
Type of Impact: Annual State expenditure and revenue increases.
Agencies Affected: The Judiciary; Department of Law and Public Safety; Office of the
Public Defender.
Office of Legislative Services Estimate
Fiscal Impact Annual
State Cost Increase Indeterminate
State Revenue Increase Indeterminate
 The Office of Legislative Services (OLS) finds that this bill would result in an indeterminate
annual State expenditure increase. The following State agencies would incur caseload and
expenditure increases: a) the Department of Law and Public Safety would have to prosecute
additional cases; b) the Judiciary would have to adjudicate additional offenders and monitor
additional probationers; and c) the Office of the Public Defender would have to represent
additional low-income criminal defendants. Convictions for crimes of the fourth degree and
crimes of the third degree carry with them the presumption of non-incarceration for first time
offenders so no additional costs to the Department of Corrections or the State Parole Board are
anticipated.
 The OLS finds that the State may receive indeterminate revenues from court filing fees, fines,
and penalties for the crimes established under the bill. However, the State’s ability to collect
criminal fines and penalties has historically been limited.
Office of Legislative Services Legislative Budget and Finance Office
State House Annex Phone (609) 847-3105
P.O. Box 068 Fax (609) 777-2442
Trenton, New Jersey 08625 www.njleg.state.nj.us
 FE to [2R] ACS for A2818
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BILL DESCRIPTION
This bill prohibits a person from knowingly or recklessly distributing deceptive audio or visual
media, also commonly known as “deepfakes,” within 90 days of an election in which a candidate
or public question will appear on the ballot, with the intent to deceive a voter with false information
about the candidate, public question, or the election. The bill also prohibits a person from soliciting
the creation of a deepfake with the intent to deceive a voter with false information about the
candidate, public question, or the election.
A first violation for either offense under this bill is a crime of the fourth degree, and a second
or subsequent violation is a crime of the third degree. A crime of the fourth degree is punishable
by up to 18 months imprisonment, a fine of up to $10,000, or both. A crime of the third degree is
punishable by a three to five year term of imprisonment, a fine of up to $15,000, or both.
FISCAL ANALYSIS
EXECUTIVE BRANCH
None received.
OFFICE OF LEGISLATIVE SERVICES
The OLS finds that this bill would result in an indeterminate annual State expenditure increase.
The following State agencies would incur caseload and expenditure increases: a) the Department
of Law and Public Safety would have to prosecute additional cases; b) the Judiciary would have
to adjudicate additional offenders and potentially monitor additional probationers; and c) the
Office of the Public Defender would have to represent additional low-income criminal defendants.
Convictions for crimes of the fourth degree and crimes of the third degree carry with them the
presumption of non-incarceration for first time offenders so no additional costs to the Department
of Corrections or the State Parole Board are anticipated. The bill also establishes civil remedies
for an individual to seek injunctive or other equitable relief. This also could potentially add to the
court’s bench time and administrative workload.
The OLS lacks sufficient information to quantify the fiscal impact of this bill on the State as it
is not possible to know how many individuals are likely to commit the new criminal offenses
established by the bill.
The OLS also finds that the State may receive indeterminate revenues from court filing fees,
fines, and penalties for the crimes established under the bill. However, the State’s ability to collect
criminal fines and penalties has historically been limited.
Section: Judiciary
Analyst: William Lim
Deputy Counsel
Approved: Thomas Koenig
Legislative Budget and Finance Officer
This legislative fiscal estimate has been produced by the Office of Legislative Services due to the
failure of the Executive Branch to respond to our request for a fiscal note.
This fiscal estimate has been prepared pursuant to P.L.1980, c.67 (C.52:13B-6 et seq.).