This bill aims to combat the issue of deepfake pornography by prohibiting the non-consensual disclosure of such material and establishing both criminal and civil penalties for violations. It amends existing laws to include the creation and distribution of "deceptive audio or visual media," which misrepresents a person's actions or speech. The bill introduces new definitions for this type of media and expands the scope of violations to encompass unauthorized disclosures, alongside existing prohibitions against the unauthorized reproduction of intimate images. Penalties for these offenses can reach up to $30,000, and a conviction for these crimes will not merge with other related convictions.
Furthermore, the legislation reinforces the seriousness of offenses related to the sexual exploitation or abuse of children, imposing severe penalties, including mandatory minimum prison sentences for those who possess or distribute a significant number of such materials. It emphasizes the importance of consent in intimate imagery and allows victims to seek civil recourse in court for damages, including actual and punitive damages, as well as coverage for attorney's fees. Notably, a criminal conviction is not required for a civil action to proceed, and the penalties for non-consensual disclosure of deceptive media align with those for revenge porn, with heightened penalties for cases involving children. The act is set to take effect immediately upon passage.
Statutes affected: Introduced: 2C:14-9, 2A:58D-1