Updates certain crimes to include nonconsensual pornographic deepfake threats and disclosure.

S3303

SENATE, No. 3303

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED FEBRUARY 2, 2026

Sponsored by:

Senator� KRISTIN M. CORRADO

District 40 (Bergen, Essex and Passaic)

SYNOPSIS

���� Updates certain crimes to include nonconsensual
pornographic deepfake threats and disclosure.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act

concerning certain criminal offenses, and
amending P.L.2003, c.206 and N.J.S.2C:13-5.

����
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 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
actual or deepfake
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.

����
For purposes of this subsection,
a �deepfake� is an image, a video, or an audio recording of speech or conduct
that appears to a reasonable person to realistically depict the speech or
conduct of a person, who did not in fact engage in the speech or conduct, that
has been created using advanced computer technology in a way that makes the
image, video, or audio recording look authentic.

���� 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,
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.�

����
An actor commits a crime of
the fourth degree if, knowing that he is not licensed or privileged to do so,
or with reckless disregard of any license or privilege to do so, he discloses
any deepfake image based upon another person�s image created in violation of
subsection b. of this section.

���� 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.� 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:13-5 is amended
as follows:

���� 2C:13-5. Criminal Coercion. a.
Offense defined. A person is guilty of criminal coercion if, with purpose
unlawfully to restrict another�s freedom of action to engage or refrain from
engaging in conduct, he threatens to:

���� (1)�� Inflict bodily injury on
anyone or commit any other offense, regardless of the immediacy of the threat;

���� (2)�� Accuse anyone of an
offense;

���� (3)�� Expose any secret which
would tend to subject any person to hatred, contempt or ridicule, or to impair
his credit or business repute;

���� (4)�� Take or withhold action
as an official, or cause an official to take or withhold action;

���� (5)�� Bring about or continue
a strike, boycott or other collective action, except that such a threat shall
not be deemed coercive when the restriction compelled is demanded in the course
of negotiation for the benefit of the group in whose interest the actor acts;

���� (6)�� Testify or provide
information or withhold testimony or information with respect to another�s
legal claim or defense; or

���� (7)�� Perform any other act
which would not in itself substantially benefit the actor but which is
calculated to substantially harm another person with respect to his health,
safety, business, calling, career, financial condition, reputation or personal
relationships
, including any threat to disclose an actual or deepfake image
based upon another person�s image, created in violation of P.L.2003, c.206
(C.2C:14-9)
.

����
For purposes of this
subsection, a �deepfake� is an image, a video, or an audio recording of speech
or conduct that appears to a reasonable person to realistically depict the
speech or conduct of a person, who did not in fact engage in the speech or conduct,
that has been created using advanced computer technology in a way that makes
the image, video, or audio recording look authentic.

���� It is an affirmative defense
to prosecution based on paragraphs (2), (3), (4), (6) and (7) that the actor
believed the accusation or secret to be true or the proposed official action
justified and that his purpose was limited to compelling the other to behave in
a way reasonably related to the circumstances which were the subject of the
accusation, exposure or proposed official action, as by desisting from further
misbehavior, making good a wrong done, or refraining from taking any action or
responsibility for which the actor believes the other disqualified.

���� b.��� Grading. Criminal
coercion is a crime of the fourth degree unless the threat is to commit a crime
more serious than one of the fourth degree or the actor�s purpose is criminal,
in which cases the offense is a crime of the third degree.

(cf: P.L.2015, c.98, s.3)

���� 3. �This act shall take effect
immediately.

STATEMENT

���� This bill concerns criminal
invasion of privacy and criminal coercion.

���� Under current law, 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, an 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.� The nonconsensual disclosure of the
image, film, videotape, recording, or reproduction is also a crime of the third
degree.� A crime of the third degree is punishable by imprisonment for three to
five years, a fine of up to $15,000, or both.

���� This bill amends current law
to include nonconsensual pornographic deepfake images.� Under the bill, a
deepfake is an image, a video, or an audio recording of speech or conduct that
appears to a reasonable person to realistically depict the speech or conduct of
a person, who did not in fact engage in the speech or conduct, that has been
created using advanced computer technology in a way that makes the image,
video, or audio recording look authentic.

���� Further, pursuant to this
bill, an actor commits a crime of the fourth degree if, knowing that he is not
licensed or privileged to do so, or with reckless disregard of any license or
privilege to do so, he discloses any nonconsensual pornographic deepfake image
based upon another person�s image.� A crime of the fourth degree is punishable
by imprisonment for up to 18 months, a fine of up to $10,000, or both.

���� Under current law, an actor
commits criminal coercion if, with purpose unlawfully to restrict another�s
freedom of action to engage or refrain from engaging in conduct, he threatens
to perform any act which would not in itself substantially benefit the actor
but which is calculated to substantially harm another person with respect to
his health, safety, business, calling, career, financial condition, reputation
or personal relationships.

���� This bill amends current law
to make clear that this prohibition includes the making of any threat to disclose
a nonconsensual pornographic deepfake image based upon another person�s image.�