The "Digital Impersonation Prevention Act."

A4422

ASSEMBLY, No. 4422

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED FEBRUARY 19, 2026

Sponsored by:

Assemblyman� JAY WEBBER

District 26 (Morris and Passaic)

SYNOPSIS

���� The �Digital Impersonation Prevention Act.�

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act
concerning digital impersonation and supplementing
Title 2C of the New Jersey Statutes.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.��� This act shall be known
and may be cited as the �Digital Impersonation Prevention Act.�

���� 2.��� As used in
P.L. , c. (C. )
(pending before the Legislature as this bill):

���� �Bulk messages� means the
transmission of electronic mail, instant messages, or social networking
postings that are published to more than one unique recipient.

���� �Commercial solicitations�
means any advertisement related to the availability or quality of any property,
goods, or services, or transmission of a hyperlink to an Internet website or
uniform resource locator with any material advertising the availability or
quality of any property, goods, or services.

���� �Contact list� means any list
of third-party contact names, addresses, landline telephone numbers, cellular
telephone numbers, facsimile telephone numbers, electronic mail addresses,
instant message names, or other information used for contacting individuals.

���� �Electronic means� means
creating an electronic mail account in another person�s name, or creating an
account or profile on a social networking Internet website in another person�s
name; accessing another person�s pre-existing electronic mail account or another
person�s account or profile on a social networking Internet website; or
altering the identifying properties of electronic mail, an electronic mail
header, or other form of digital communication, to make it appear as if the
electronic mail or other communication originated from another person without
that person�s express consent.

���� �Uniform resource locator�
means the electronic address of an Internet website that specifies the location
on the Internet where the information on the website is located, and the means
for retrieving the information from an Internet website.

���� 3.��� a.� A person commits the
crime of �digital impersonation� and is guilty of a crime of the third degree
if the person knowingly, with the intent to defraud and without consent,
credibly impersonates another actual person through or on an Internet website,
or by other electronic means for the purposes of:

���� (1)�� harming, intimidating,
threatening, or defrauding another person;

����
(2)�� transmitting unsolicited commercial solicitations or unsolicited

bulk messages; or

���� (3)�� copying, accessing,
downloading, or utilizing a contact list.

���� b.��� As used in this section,
an impersonation is credible if another person would reasonably believe, or did
reasonably believe, that the impersonator was or is the person who was
impersonated.

���� c.����
A person who is convicted of the crime of �digital impersonatio
n�
pursuant to subsection a. of this section, shall be subject to a fine not to
exceed $1,000 or imprisonment not to exceed one year, or both fine and
imprisonment.

���� d.��� In addition to any other
civil remedy, a person who suffers damage or loss as a result of a violation of
subsection a. of this section may bring a civil action against the violator for
statutory damages of $500 per occurrence, compensatory damages, and injunctive
relief or other equitable relief.� If the court finds that the violator
willfully or knowingly violated subsection a. of this section, the court may,
in its discretion, increase the amount of the award for damages to an amount
equal to not more than three times the amount available under this subsection.�
As used in this section, �occurrence� includes each act of creating an
electronic mail account in another person�s name, or creating an account or
profile on a social networking Internet website in another person�s name,
accessing another person�s pre-existing electronic mail account or another
person�s account or profile on a social networking Internet website, or
altering the identifying properties of electronic mail, an electronic mail
header, or other form of digital communication, to make it appear that the
electronic mail or other digital communication originated from a different
source, and the transmission of an unsolicited commercial solicitation to a
unique recipient.

���� e.���� This section shall not
be construed to impose any liability on an Internet service provider,
interactive computer service, computer hardware or software provider, or
website operator or administrator, or its employees, unless the provider,
operator, administrator, or employee is the person impersonating an actual
person.� Nothing in this section is intended to preclude other common law
causes of action against these entities, and may not be construed to limit any
other civil cause of action available to a person under statute or common law
or any criminal prosecution.

����
4.��� This act shall take effect on the 90th day following the date of enactment.

STATEMENT

���� This bill, entitled the
�Digital Impersonation Prevention Act,� makes it a crime of the third degree
for a person to knowingly, with intent to defraud and without consent, credibly
impersonate another actual person through or on an Internet website, or by
other electronic means, for the purpose of harming another person, transmitting
unsolicited bulk messages or commercial solicitations, or copying or accessing
a contact list.�

���� A person committing the crime
of �digital impersonation� is subject to a fine not to exceed $1,000,
imprisonment not to exceed one year, or both. In addition, a person who is
harmed as a result of another person committing the crime of �digital impersonation�
may bring a civil action for statutory damages of $500 per occurrence,
compensatory damages, and injunctive or other equitable relief against the
violator.