Prohibits creation or disclosure of deceptive audio or visual media, known as "deepfakes," under certain circumstances.

S3305

SENATE, No. 3305

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED FEBRUARY 2, 2026

Sponsored by:

Senator� KRISTIN M. CORRADO

District 40 (Bergen, Essex and Passaic)

SYNOPSIS

���� Prohibits creation or disclosure of deceptive audio
or visual media, known as �deepfakes,� under certain circumstances.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act

concerning the creation and disclosure of
deceptive audio or visual media 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.� a.� As used in P.L.��� ,
c.���� (C.������� ) (pending before the Legislature as this bill):

���� �Deceptive audio or visual
media� means any video recording, motion picture film, sound recording,
electronic image, 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.

���� �Disclose� means to 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.

���� b.��� An actor commits a crime
of the fourth degree if, without license or privilege to do so, the actor
generates or creates, or causes to be generated or created, a work of deceptive
audio or visual media for an unlawful purpose.

���� The trier of fact may infer
that the deceptive audio or visual media was generated or created for an
unlawful purpose if the work is subsequently used as part of a plan or course
of conduct to commit one or more of the following offenses:

���� (1) harassment, pursuant to
N.J.S.2C:33-4;

���� (2) cyber harassment, pursuant
to section 1 of P.L.2013, c.272 (C.2C:33-4.1);

���� (3) theft by deception,
pursuant to N.J.S.2C:20-4;

���� (4) theft by extortion,
pursuant to N.J.S.2C:20-5;

���� (5) false incrimination or
reports, pursuant to N.J.S.2C:28-4; or

���� (6) invasion of privacy,
pursuant to section 1 of P.L.2003, c.206 (C.2C:14-9).

���� c.� An actor commits a crime
of the third degree if, without license or privilege to do so, the actor
discloses a work of deceptive audio or visual media that the actor knows or
reasonably should know was created in violation of subsection b. of this section
without clearly identifying it as a work of deceptive audio or visual media.

���� A fine not to exceed $30,000
may be imposed for a violation of this subsection.

���� d.� An actor who violates
P.L.��� , c.���� (C.������� ) (pending before the Legislature as this bill)
shall be liable to the individual depicted in the deceptive audio or visual
media, who may bring a civil action in the Superior Court.� The court may award:

���� (1) actual damages, but not
less than liquidated damages computed at the rate of $1,000 for each violation
of
P.L. , c. (C. ) (pending
before the Legislature as this bill);

���� (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 for a violation
of P.L.��� , c.���� (C.������� ) (pending before the Legislature as this bill)
shall not be a prerequisite for a civil action brought pursuant to this
subsection.� The civil action authorized by this subsection shall be in addition
to, and not in lieu of, any other civil action, injunctive relief, or other
remedy available at law, including, but not limited to, a civil action for
common law defamation, libel, slander, invasion of privacy, false light,
misappropriation of identity, intrusion of privacy, or public disclosure of
private facts.

���� e.� (1)� This section shall
not be construed to alter or negate any rights, obligations, or immunities of
an interactive computer service provider pursuant to 47 U.S.C. s.230.

���� (2)�� Criminal and civil
penalties imposed pursuant to this section shall not apply to the news media or
a news agency, as those terms are defined in section 2 of P.L.1977, c.253
(C.2A:84A-21a), unless the news media or news agency broadcasts or publishes a
work of deceptive audio or visual media, created in violation of this section,
that the news media or news agency knows was created in violation of this
section and fails to clearly identify the work as deceptive audio or visual
media.

�

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

STATEMENT

���� This bill concerns the
creation or disclosure of deceptive audio or visual media, commonly known as
�deepfakes.�� The bill defines deceptive audio or visual media as �any video
recording, motion picture film, sound recording, electronic image, 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.�

���� The bill establishes a crime
of the fourth degree if a person, without license or privilege to do so,
generates or creates, or causes to be generated or created, deceptive audio or
visual media for an unlawful purpose. �The bill provides that the trier of fact
may infer that the deceptive audio or visual media was generated or created for
an unlawful purpose if the work is subsequently used as part of a plan or
course of conduct to commit one or more of the following:

���� (1) harassment;

���� (2) cyber harassment;

���� (3) theft by deception;

���� (4) theft by extortion;

���� (5) false incrimination or
reports; or

���� (6) invasion of privacy.�

���� A crime of the fourth degree
is punishable by a term of up to 18 months imprisonment, a fine of up to
$10,000, or both.

���� The bill also establishes a
crime of the third degree if a person, without license or privilege to do so,
discloses a work of deceptive audio or visual media that the person knows or
should reasonably know was created in violation of the provisions of this bill
without clearly identifying it as a work of deceptive audio or visual media.� A
crime of the third degree is ordinarily punishable by a term of three to five
years imprisonment, a fine of up to $15,000, or both.� However, the bill
provides that a court may impose a fine of up to $30,000.

���� Under the bill, a person would
be liable to the individual depicted in the deceptive audio or visual media,
who may bring a civil action in the Superior Court. �The bill further provides
that a conviction is not to be a prerequisite for a civil action.� The civil
action authorized by this bill is to be in addition to, and not in lieu of any
other civil action, injunctive relief, or other remedy available at law.

����� The bill provides that it should not be construed to
alter or negate any rights, obligations, or immunities of an interactive
computer service provider pursuant to 47 U.S.C. s.230.� The amended bill also
provides that criminal and civil penalties imposed pursuant to the bill only
apply to the news media or a news agency, if the news media or news agency
broadcasts or publishes a work of deceptive audio or visual media that the news
media or news agency knows was created in violation of the bill and fails to clearly
identify the work as deceptive audio or visual media.
�