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A1359
ASSEMBLY, No. 1359
STATE OF NEW JERSEY
222nd LEGISLATURE
�
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Assemblywoman ELLEN J. PARK
District 37 (Bergen)
Co-Sponsored by:
Assemblymen Barlas and Kanitra
SYNOPSIS
���� Prohibits deepfake pornography and imposes criminal
and civil penalties for non-consensual disclosure.
CURRENT VERSION OF TEXT
���� Introduced Pending Technical Review by Legislative
Counsel.
��
An Act
concerning the non-consensual disclosure of
deepfake pornography and amending P.L.2003, c.206 and N.J.S.2C:24-4.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.� Section 1 of P.L.2003,
c.206 (C.2C:14-9) is amended to read as follows:
���� 1.� a.� An actor commits a
crime of the fourth degree if, knowing that he is not licensed or privileged to
do so, and under circumstances in which a reasonable person would know that
another may expose intimate parts or may engage in sexual penetration or sexual
contact, he observes another person without that person's consent and under
circumstances in which a reasonable person would not expect to be observed.
���� b.� (1) An actor commits a
crime of the third degree if, knowing that he is not licensed or privileged to
do so, he photographs, films, videotapes, records, or otherwise reproduces in
any manner, the image of another person whose intimate parts are exposed or who
is engaged in an act of sexual penetration or sexual contact, without that
person's consent and under circumstances in which a reasonable person would not
expect to be observed.
���� (2)�� An actor commits a crime
of the fourth degree if, knowing that he is not licensed or privileged to do
so, he photographs, films, videotapes, records, or otherwise reproduces in any
manner, the image of the undergarment-clad intimate parts of another person,
without that person's consent and under circumstances in which a reasonable
person would not expect to have his undergarment-clad intimate parts observed.
���� c.���� An actor commits a
crime of the third degree if, knowing that he is not licensed or privileged to
do so, he discloses any photograph, film, videotape, recording or any other
reproduction of the image, taken in violation of subsection b. of this section,
or any deceptive audio or visual media,
of: (1) another person who is
engaged in an act of sexual penetration or sexual contact; (2) another person
whose intimate parts are exposed; or (3) another person's undergarment-clad
intimate parts, unless that person has consented to such disclosure.
���� For purposes of this
subsection:
���� (1) �disclose� means sell,
manufacture, give, provide, lend, trade, mail, deliver, transfer, publish,
distribute, circulate, disseminate, present, exhibit, advertise, offer, share,
or make available via the Internet or by any other means, whether for pecuniary
gain or not;
[
and
]
���� (2) �intimate parts� has the
meaning ascribed to it in N.J.S.2C:14-1
; and
����
(3) �deceptive audio or
visual media� means any video recording, motion picture film, sound recording,
electronic image, or photograph, or any technological representation of speech
or conduct substantially derivative thereof that appears to authentically depict
any speech or conduct of a person who did not in fact engage in the speech or
conduct and the production of which was substantially dependent upon technical
means, rather than the ability of another person to physically or verbally
impersonate the person
.
���� Notwithstanding the provisions
of subsection b. of N.J.S.2C:43-3, a fine not to exceed $30,000 may be imposed
for a violation of this subsection.
���� d.��� It is an affirmative
defense to a crime under this section that:
���� (1)�� the actor posted or
otherwise provided prior notice to the person of the actor's intent to engage
in the conduct specified in subsection a., b., or c., and
���� (2)�� the actor acted with a
lawful purpose.
���� e.� (1) It shall not be a
violation of subsection a. or b. to observe another person in the access way,
foyer or entrance to a fitting room or dressing room operated by a retail
establishment or to photograph, film, videotape, record or otherwise reproduce
the image of such person, if the actor conspicuously posts at the entrance to
the fitting room or dressing room prior notice of his intent to make the
observations, photographs, films, videotapes, recordings or other
reproductions.
���� (2)�� It shall be a violation
of subsection c. to disclose in any manner any such photograph, film, videotape
or recording of another person using a fitting room or dressing room except
under the following circumstances:
���� (a)�� to law enforcement
officers in connection with a criminal prosecution;
���� (b)�� pursuant to subpoena or
court order for use in a legal proceeding; or
���� (c)�� to a co-worker, manager
or supervisor acting within the scope of his employment.
���� f.���� It shall be a violation
of subsection a. or b. to observe another person in a private dressing stall of
a fitting room or dressing room operated by a retail establishment or to
photograph, film, videotape, record or otherwise reproduce the image of another
person in a private dressing stall of a fitting room or dressing room.
���� g.��� For purposes of this
act, a law enforcement officer, or a corrections officer or guard in a
correctional facility or jail, who is engaged in the official performance of
his duties shall be deemed to be licensed or privileged to make and to disclose
observations, photographs, films, videotapes, recordings or any other
reproductions.
���� h.��� Notwithstanding the
provisions of N.J.S.2C:1-8 or any other provisions of law, a conviction arising
under subsection b. of this section shall not merge with a conviction under
subsection c. of this section, nor shall a conviction under subsection c. merge
with a conviction under subsection b.
(cf: P.L.2016, c.2, s.1)
���� 2.� N.J.S.2C:24-4 is amended
to read as follows:
���� 2C:24-4.� a.� (1)� Any person
having a legal duty for the care of a child or who has assumed responsibility
for the care of a child who engages in sexual conduct which would impair or
debauch the morals of the child is guilty of a crime of the second degree. Any
other person who engages in conduct or who causes harm as described in this
paragraph to a child is guilty of a crime of the third degree.
���� (2)�� Any person having a
legal duty for the care of a child or who has assumed responsibility for the
care of a child who causes the child harm that would make the child an abused
or neglected child as defined in R.S.9:6-1, R.S.9:6-3, and section 1 of P.L.1974,
c.119 (C.9:6-8.21) is guilty of a crime of the second degree. Any other person
who engages in conduct or who causes harm as described in this paragraph to a
child is guilty of a crime of the third degree.
���� b.� (1) As used in this
subsection:
���� �Child� means any person under
18 years of age.
����
�Deceptive audio or visual
media� means any video recording, motion picture film, sound recording,
electronic image, or photograph, or any technological representation of speech
or conduct substantially derivative thereof that appears to authentically depict
any speech or conduct of a person who did not in fact engage in the speech or
conduct and the production of which was substantially dependent upon technical
means, rather than the ability of another person to physically or verbally
impersonate the person.
���� �Distribute� means to sell, or
to manufacture, give, provide, lend, trade, mail, deliver, publish, circulate,
disseminate, present, exhibit, display, share, advertise, offer, or make
available via the Internet or by any other means, whether for pecuniary gain or
not. The term also includes an agreement or attempt to distribute.
���� �File-sharing program� means a
computer program, application, software or operating system that allows the
user of a computer on which such program, application, software or operating
system is installed to designate files as available for searching by and
copying to one or more other computers, to transmit such designated files
directly to one or more other computers, and to request the transmission of
such designated files directly from one or more other computers. The term
"file-sharing program" includes but is not limited to a computer
program, application or software that enables a computer user to participate in
a peer-to-peer network.
���� �Internet� means the
international computer network of both federal and non-federal interoperable
packet switched data networks.
���� �Item depicting the sexual
exploitation or abuse of a child� means a photograph, film, video, an
electronic, electromagnetic or digital recording, an image stored or maintained
in a computer program or file or in a portion of a file,
or any deceptive
audio or visual media,
or any other reproduction or reconstruction which :
���� (a)�� depicts a child engaging
in a prohibited sexual act or in the simulation of such an act; or
���� (b)�� portrays a child in a
sexually suggestive manner.
���� �Peer-to-peer network� means a
connection of computer systems through which files are shared directly between
the systems on a network without the need of a central server.
���� �Portray a child in a sexually
suggestive manner� means:
���� (a)�� to depict a child's less
than completely and opaquely covered intimate parts, as defined in
N.J.S.2C:14-1, in a manner that, by means of the posing, composition, format,
or animated sensual details, emits sensuality with sufficient impact to
concentrate prurient interest on the child; or
���� (b)�� to depict any form of
contact with a child's intimate parts, as defined in N.J.S.2C:14-1, in a manner
that, by means of the posing, composition, format, or animated sensual details,
emits sensuality with sufficient impact to concentrate prurient interest on the
child; or
���� (c)�� to otherwise depict a
child for the purpose of sexual stimulation or gratification of any person who
may view the depiction where the depiction does not have serious literary,
artistic, political, or scientific value.
���� �Prohibited sexual act� means
���� (a)�� Sexual intercourse; or
���� (b)�� Anal intercourse; or
���� (c)�� Masturbation; or
���� (d)�� Bestiality; or
���� (e)�� Sadism; or
���� (f)�� Masochism; or
���� (g)�� Fellatio; or
���� (h)�� Cunnilingus; or
���� (i)��� Nudity, if depicted for
the purpose of sexual stimulation or gratification of any person who may view
such depiction; or
���� (j)��� Any act of sexual
penetration or sexual contact as defined in N.J.S.2C:14-1.
���� �Reproduction� means, but is
not limited to, computer generated images.
���� (2)�� (Deleted by amendment,
P.L.2001, c.291).
���� (3)�� A person commits a crime
of the first degree if he causes or permits a child to engage in a prohibited
sexual act or in the simulation of such an act or to be portrayed in a sexually
suggestive manner if the person knows, has reason to know or intends that the
prohibited act or portrayal may be photographed, filmed, reproduced, or
reconstructed in any manner, including on the Internet, or may be part of an
exhibition or performance.
���� (4)�� A person commits a crime
of the second degree if he photographs or films a child in a prohibited sexual
act or in the simulation of such an act or for portrayal in a sexually
suggestive manner or who uses any device, including a computer, to reproduce or
reconstruct the image of a child in a prohibited sexual act or in the
simulation of such an act or for portrayal in a sexually suggestive manner.
���� (5) (a) A person commits a
crime if, by any means, including but not limited to the Internet, he:
���� (i)��� knowingly distributes
an item depicting the sexual exploitation or abuse of a child;
���� (ii)�� knowingly possesses an
item depicting the sexual exploitation or abuse of a child with the intent to
distribute that item; or
���� (iii)� knowingly stores or
maintains an item depicting the sexual exploitation or abuse of a child using a
file-sharing program which is designated as available for searching by or
copying to one or more other computers.
���� In a prosecution under
sub-subparagraph (iii) of this subparagraph, the State shall not be required to
offer proof that an item depicting the sexual exploitation or abuse of a child
had actually been searched, copied, transmitted or viewed by another user of
the file-sharing program, or by any other person, and it shall be no defense
that the defendant did not intend to distribute the item to another user of the
file-sharing program or to any other person. Nor shall the State be required to
prove that the defendant was aware that the item depicting the sexual
exploitation or abuse of a child was available for searching or copying to one
or more other computers, and the defendant shall be strictly liable for failing
to designate the item as not available for searching or copying by one or more
other computers.
���� A violation of this
subparagraph that involves 1,000 or more items depicting the sexual
exploitation or abuse of a child is a crime of the first degree; otherwise it
is a crime of the second degree.
���� Notwithstanding the provisions
of subsection a. of N.J.S.2C:43-6, a person whose offense under this
subparagraph involved at least 25 but less than 1,000 items depicting the
sexual exploitation or abuse of a child shall be sentenced to a mandatory
minimum term of imprisonment, which shall be fixed at, or between, one-third
and one-half of the sentence imposed by the court or five years, whichever is
greater, during which the defendant shall be ineligible for parole.
���� Notwithstanding the provisions
of subsection a. of N.J.S.2C:43-6, a person whose offense under this
subparagraph involved 1,000 or more items depicting the sexual exploitation or
abuse of a child shall be sentenced to a mandatory minimum term of imprisonment,
which shall be fixed at, or between, one-third and one-half of the sentence
imposed by the court or 10 years, whichever is greater, during which the
defendant shall be ineligible for parole.
���� Notwithstanding the provisions
of subsection a. of N.J.S.2C:43-6, a person convicted of a second or subsequent
offense under this subparagraph shall be sentenced to an extended term of
imprisonment as set forth in N.J.S.2C:43-7. For the purposes of this subparagraph,
an offense is considered a second or subsequent offense if the actor has at any
time been convicted pursuant to paragraph (3), (4), or (5) of this subsection,
or under any similar statute of the United States, this State, or any other
state for an offense that is substantially equivalent to paragraph (3), (4), or
(5) of this subsection.
���� For purposes of this
subparagraph, the term "possess" includes receiving, viewing, or
having under one's control, through any means, including the Internet.
���� (b) (i) A person commits a
crime of the first degree if he knowingly possesses, knowingly views, or
knowingly has under his control, through any means, including the Internet,
100,000 or more items depicting the sexual exploitation or abuse of a child.
���� (ii)�� A person commits a
crime of the second degree if he knowingly possesses, knowingly views, or
knowingly has under his control, through any means, including the Internet, at
least 1,000 but less than 100,000 items depicting the sexual exploitation or
abuse of a child.
���� (iii)� A person commits a
crime of the third degree if he knowingly possesses, knowingly views, or
knowingly has under his control, through any means, including the Internet,
less than 1,000 items depicting the sexual exploitation or abuse of a child.
���� Notwithstanding the provisions
of subsection e. of N.J.S.2C:44-1, in any instance where a person was convicted
of an offense under this subparagraph that involved 100 or more items depicting
the sexual exploitation or abuse of a child, the court shall impose a sentence
of imprisonment unless, having regard to the character and condition of the
defendant, it is of the opinion that imprisonment would be a serious injustice
which overrides the need to deter such conduct by others.
���� Notwithstanding the provisions
of subsection a. of N.J.S.2C:43-6, a person convicted of a second or subsequent
offense under this subparagraph shall be sentenced to an extended term of
imprisonment as set forth in N.J.S.2C:43-7. For the purposes of this subparagraph,
an offense is considered a second or subsequent offense if the actor has at any
time been convicted pursuant to paragraph (3), (4), or (5) of this subsection,
or under any similar statute of the United States, this State, or any other
state for an offense that is substantially equivalent to paragraph (3), (4), or
(5) of this subsection.
���� Nothing in this subparagraph
shall be construed to preclude or limit any prosecution or conviction for the
offense set forth in subparagraph (a) of this paragraph.
���� (6)�� For purposes of this
subsection, a person who is depicted as or presents the appearance of being
under the age of 18 in any photograph, film, videotape, computer program or
file, video game, or any other reproduction or reconstruction shall be
rebuttably presumed to be under the age of 18.� If the child who is depicted as
engaging in, or who is caused to engage in, a prohibited sexual act or
simulation of a prohibited sexual act or portrayed in a sexually suggestive
manner is under the age of 18, the actor shall be strictly liable and it shall
not be a defense that the actor did not know that the child was under the age
of 18, nor shall it be a defense that the actor believed that the child was 18
years of age or older, even if such a mistaken belief was reasonable.
���� (7)�� For aggregation
purposes, each depiction of the sexual exploitation or abuse of a child shall
be considered a separate item, provided that each depiction that is in the form
of a photograph, picture, image, or visual depiction of a similar nature shall
be considered to be one item and each depiction that is in the form of a film,
video, video-clip, movie, or visual depiction of a similar nature shall be
considered to be 10 separate items, and each individual act of distribution of
an item depicting the sexual exploitation or abuse of a child shall be
considered a separate item. For purposes of determining the number of items
depicting the sexual exploitation or abuse of a child for purposes of
sentencing pursuant to subparagraph (a) of paragraph (5) of this subsection,
the court shall aggregate all items involved, whether the act or acts
constituting the violation occurred at the same time or at different times and,
with respect to distribution, whether the act or acts of distribution were to
the same person or several persons or occurred at different times, provided
that each individual act was committed within the applicable statute of
limitations.� For purposes of determining the number of items depicting the
sexual exploitation or abuse of a child for purposes of sentencing pursuant to
subparagraph (b) of paragraph (5) of this subsection, the court shall aggregate
all items involved, whether the possession of such items occurred at the same
time or at different times, provided that each individual act was committed
within the applicable statute of limitations.
(cf: P.L.2017, c.141, s.1)
���� 3.� Section 2 of P.L.2003,
c.206 (C.2A:58D-1) is amended to read as follows:
���� 2.� a.� An actor who, in
violation of section 1 of P.L.2003, c.206 (C.2C:14-9), photographs, films,
videotapes, records, or otherwise reproduces in any manner, the image of
another person who is engaged in an act of sexual penetration or sexual
contact, the exposed intimate parts of another person, or the undergarment-clad
intimate parts of another person shall be liable to that person, who may bring
a civil action in the Superior Court.
���� b.��� An actor who, in
violation of section 1 of P.L.2003, c.206 (C.2C:14-9), discloses any
photograph, film, videotape, recording or any other reproduction of the image
of another person
, or who discloses any deceptive audio or visual media of
another person,
who is engaged in an act of sexual penetration or sexual
contact, the exposed intimate parts of another person, or the undergarment-clad
intimate parts of another person shall be liable to that person, who may bring
a civil action in the Superior Court.�
���� For purposes of this section:
���� (1) �disclose� means sell,
manufacture, give, provide, lend, trade, mail, deliver, transfer, publish,
distribute, circulate, disseminate, present, exhibit, advertise, offer, share,
or make available via the Internet or by any other means, whether for pecuniary
gain or not;
[
and
]
���� (2) �intimate parts� has the
meaning ascribed to it in N.J.S.2C:14-1
; and
����
(3) �deceptive audio or
visual media� means any video recording, motion picture film, sound recording,
electronic image, or photograph, or any technological representation of speech
or conduct substantially derivative thereof that appears to authentically
depict any speech or conduct of a person who did not in fact engage in the
speech or conduct and the production of which was substantially dependent upon
technical means, rather than the ability of another person to physically or
verbally impersonate the person
.
���� c.���� The court may award:
���� (1)�� actual damages, but not
less than liquidated damages computed at the rate of $1,000 for each violation
of this act;
���� (2)�� punitive damages upon
proof of willful or reckless disregard of the law;
���� (3)�� reasonable attorney's
fees and other litigation costs reasonably incurred; and
���� (4)�� such other preliminary
and equitable relief as the court determines to be appropriate.
A conviction of a violation of
section 1 of P.L.2003, c.206 (C.2C:14-9) shall not be a prerequisite for a
civil action brought pursuant to this section.
(cf: P.L.2016, c.2, s.2)
���� 4.��� This act shall take
effect immediately.
STATEMENT
���� This bill prohibits the
emerging technological phenomenon of sexually �deceptive audio or visual
media,� commonly known as �deepfakes.�� Unlike older forms of audio or visual
manipulation, the creator of a deepfake uses newer technology, such as
artificial intelligence, with the intent of making it appear, as realistically
as possible, that the person being depicted has engaged in activity that did
not actually occur.� Deepfakes have been intentionally used to embarrass or
harass a person, or to cast that person in a false light.� When the person
being depicted is a child, deepfake technology has the potential to create
realistic pornography involving the child.
���� The penalty for non-consensual
disclosure of deceptive audio or visual media is the same as for non-consensual
disclosure of so-called �revenge porn� under the invasion of privacy statute,
which under current law is a crime of the third degree.� A crime of the third
degree is punishable by three to five years imprisonment, a fine of up to
$15,000, or both.� The penalty for deceptive audio or visual media depicting
the sexual exploitation or abuse of a child is the same as for distributing,
possessing, or storing child pornography, which under current law is a crime of
the second degree for less than 1,000 items and a crime of the first degree for
1,000 or more items.� A crime of the second degree is punishable by five to ten
years imprisonment, a fine of up to $150,000, or both.� A crime of the first
degree is punishable by 10 to 20 years imprisonment, a fine of up to $200,000,
or both.
���� The person depicted in the
non-consensual disclosure may also bring a civil action in the Superior Court
for invasion of privacy.
���� This bill was pre-filed for
introduction in the 2026-2027 session pending technical review.�