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 referring to images that are digitally altered to appear realistic, commonly known as deepfakes. It also clarifies 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 damages and equitable relief against the perpetrators, without requiring a prior criminal conviction for the disclosure. It ensures that convictions under this new provision do not merge with existing invasion of privacy laws, thereby allowing for separate legal actions. The intent behind the bill is to provide stronger protections for candidates, recognizing the potential for malicious use of intimate images to disrupt the democratic process.