This bill establishes additional penalties for the non-consensual disclosure of intimate images or forged intimate images of candidates for public office, categorizing such actions as a crime of the third degree. This classification carries potential penalties of three to five years of imprisonment, fines up to $15,000, or both. The bill defines "intimate image" and "forged intimate image," with the latter commonly referred to as a deepfake, and emphasizes that a candidate's consent to being photographed does not imply consent for the disclosure of those images.
Furthermore, the bill allows candidates who are victims of such violations to pursue civil actions for injunctive relief and damages against the perpetrators, with the possibility of recovering attorney's fees and costs. Notably, a conviction for this new offense will not merge with existing invasion of privacy convictions, ensuring that perpetrators face separate penalties for each offense. The bill aims to address the growing concern over the misuse of intimate images, particularly in the context of elections, where malicious actors may seek to disrupt the democratic process.