2C:21-17.7 & 2C:21-17.8 
LEGISLATIVE HISTORY CHECKLIST 

Compiled by the NJ State Law Library 
 
LAWS OF: 2025  CHAPTER: 40 
 
NJSA: 2C:21-17.7 & 2C:21-17.8  Establishes criminal penalties for production or dissemination of deceptive audio 

or visual media, commonly known as "deepfakes." 
 
BILL NO: A3540  (Substituted for S2544 (SS)) 
 
SPONSOR(S) Conaway, Herb  and others 
 
DATE INTRODUCED: 2/5/2024  
 
COMMITTEE:  ASSEMBLY: Science, Innovation & Technology 
     Judiciary 
     Appropriations 
     Budget 
     
   SENATE: -- 
      
AMENDED DURING PASSAGE: Yes  
 
 
DATE OF PASSAGE: ASSEMBLY: 03/24/2025 
 
   SENATE: 03/24/2025 
 
DATE OF APPROVAL: 4/2/2025   
 
FOLLOWING ARE ATTACHED IF AVAILABLE: 
                                                                                                 
 FINAL TEXT OF BILL (A3540 AcaAcsAcaAca w/GR (ACS/3R) enacted)  
   
  ADVANCE LAW    Yes 
 
  PAMPHLET LAW    Yes 
 
A3540 
 
 INTRODUCED BILL: (Includes sponsor(s) statement)        Yes 
 
 REPRINT(S):      Yes AST 3/4/24 1R 
         AJU 5/20/24 ACS 
         AAP 6/24/24 1R ACS 
         ABU 6/26/24 2R ACS 
         Assembly 3/20/25 3R ACS Conditional Veto 
 
 TECHNICAL REVIEW OF BILL:    No 
  
 COMMITTEE STATEMENT: ASSEMBLY:  No Science, Innovation & Technology 
         Judiciary 
         Appropriations 
         Budget 
     SENATE:  No 
  



(Audio archived recordings of the committee meetings, corresponding to the date of the committee statement, may possibly 
be found at www.njleg.state.nj.us) 
 
 FLOOR AMENDMENT STATEMENT:   No   
 
 LEGISLATIVE FISCAL ESTIMATE:   Yes 06/25/2024 
         06/28/2024 
         07/02/2024 
S2544 (SS) 
 
 INTRODUCED BILL: (Includes sponsor(s) statement)        Yes 
 
 REPRINT(S):      Yes SLP 3/7/24 1R 
         SBA 6/24/24 SCS 
         Senate 1/14/25 SS SCS 
 
 TECHNICAL REVIEW OF BILL:    No 
 
  COMMITTEE STATEMENT: ASSEMBLY:  No 
 
     SENATE:  Yes Law & Public Safety 
         Budget & Appropriations 
 
(Audio archived recordings of the committee meetings, corresponding to the date of the committee statement, may possibly 
be found at www.njleg.state.nj.us) 
 
 FLOOR AMENDMENT STATEMENT:   No   
 
 LEGISLATIVE FISCAL ESTIMATE:   Yes 06/28/2024 
         02/03/2025 
VETO MESSAGE:      Yes 
  
GOVERNOR’S PRESS RELEASE ON SIGNING:   Yes     
 
LEGISLATOR STATEMENT:     Yes 
 
FOLLOWING WERE PRINTED: 
 To check for circulating copies, contact New Jersey State Government 
 Publications at the State Library (609) 278-2640 ext.103 or mailto:refdesk@njstatelib.org 
 
 REPORTS:      No    
 
 HEARINGS:      No    
 
 NEWSPAPER ARTICLES:    Yes 
 

Brianna Kudisch - For South Jersey Times, 'Murphy signs bill outlawing deepfake AI deceptions Legislation 
promptedby fabricated imagery of female Westfield students.', South Jersey Times (online), 4 Apr 2025 
003‹https://infoweb.newsbank.com/apps/news/document-view?p=NewsBank&docref=news/19FBE4BC14380680›  

 
CL/MMcB  

mailto:refdesk@njstatelib.org
mailto:refdesk@njstatelib.org
mailto:refdesk@njstatelib.org


 EXPLANATION – Matter enclosed in bold-faced brackets [thus] in the above bill is 

not enacted and is intended to be omitted in the law. 

 

 Matter underlined thus is new matter. 

 Matter enclosed in superscript numerals has been adopted as follows: 

 1Assembly AAP committee amendments adopted June 24, 2024. 

 2Assembly ABU committee amendments adopted June 26, 2024. 

 3Assembly amendments adopted in accordance with Governor's 

     recommendations March 17, 2025. 

§§1,2 

C.2C:21-17.7 

& 2C:21-17.8 

 

P.L. 2025, CHAPTER 40, approved April 2, 2025 

Assembly Committee Substitute (Third Reprint) 

for Assembly, No. 3540 

 

 

AN ACT establishing 3civil and3 criminal penalties for the 1 

production and dissemination of deceptive audio or visual media 2 

and supplementing Title 2C of the New Jersey Statutes. 3 

 4 

 BE IT ENACTED by the Senate and General Assembly of the State 5 

of New Jersey: 6 

 7 

 31. The Legislature finds and declares that: 8 

 a. Technological advances in artificial intelligence have resulted in 9 

widespread accessibility to sophisticated “deepfake” technology, 10 

which can be used to manipulate audio and visual content to create 11 

deceptive audio and visual media depictions that often cannot be 12 

distinguished from reality. 13 

 b. Digitally altered media generated with this technology can 14 

produce false and deceptive, but completely realistic and convincing, 15 

media depicting events that never happened, interactions that never 16 

took place, conduct that never occurred, and statements that were 17 

never made. 18 

 c. While there are numerous valid and appropriate uses for this 19 

sophisticated technology, such as criticism, comment, satire, parody, 20 

news reporting, teaching, scholarship, or research, it may also be used 21 

inappropriately, to deceive, humiliate, or violate the privacy of 22 

individuals who are portrayed in deceptive audio and visual media 23 

without their consent. 24 

 d. It is manifest that lawbreakers will use all available tools to 25 

subvert the law, and “deepfake” technology, which may be readily 26 

accessed through the Internet or computer software programs, can be a 27 

powerful tool to accomplish illicit ends.  Utilizing “deepfake” 28 

technology, bad actors may engage in a broad range of criminal or 29 

unlawful conduct such as creating audio and visual media depictions 30 

of sexual abuse and sexual exploitation involving children or non-31 

consenting adults, creating false, misleading, and misattributed 32 

political advertising and campaign materials, and targeting individuals 33 

and corporate entities for harassment, damaging reputations and 34 

ruining lives.  Punishment for committing a crime using “deepfake” 35 

technology should be cumulative, as the impact of the underlying 36 



[3R] ACS for A3540 

2 

 

 

criminal conduct is amplified through the insidious use of “deepfake” 1 

technology as the means to break the law. 2 

 e. With the readily available amplifiers of the Internet and social 3 

media, digital media can be both ubiquitous and enduring, and the 4 

harm to a person falsely depicted in a “deepfake” image or visual or 5 

audio recording can result in widespread and pervasive emotional 6 

distress, reputational damage, and indelible harm to that person’s 7 

personal and professional relationships. 8 

 f.  There is a compelling State interest in fostering the appropriate 9 

use of “deepfake” technology and deterring the inappropriate 10 

application of this technology to commit illicit conduct, in a way that 11 

safeguards the health, safety, and welfare of the public without unduly 12 

infringing on the First Amendment rights of content creators.  13 

Similarly, the State has a compelling interest in protecting the privacy 14 

and reputational interests of residents who might otherwise be falsely 15 

depicted through “deepfake” technology, and in providing them a 16 

meaningful mechanism through which to obtain appropriate redress. 17 

 g.  While civil liability and enforcement may to some extent 18 

prevent the misuse of this technology in furtherance of criminal 19 

activity, the relative ease with which this technology may be accessed 20 

and deployed, measured against the magnitude of the indelible and 21 

long-lasting harms its use can inflict upon victims and their families, 22 

warrants more severe consequences to more effectively punish and 23 

deter the inappropriate use of “deepfake” technology.    24 

 h.  Accordingly, the Legislature finds that it is necessary and 25 

proper to establish robust specific criminal penalties to punish and 26 

deter the use of “deepfake” technology to generate or create works of 27 

deceptive audio or visual media for the purpose of attempting or 28 

furthering the commission of a crime or offense, or to solicit, disclose, 29 

or use a work of deceptive audio or visual media for that purpose, and 30 

by providing the aggrieved victims of such conduct a civil recourse by 31 

which they may seek appropriate recompense.3 32 

 33 

 3
[1.] 2.3  a.  As used in P.L.    , c.     (C.        ) (pending before the 34 

Legislature as this bill): 35 

 “Deceptive audio or visual media” means any video recording, 36 

motion picture film, sound recording, electronic image, photograph, 37 

any technological representation of speech or conduct substantially 38 

derivative thereof, or any forgery or facsimile of a document or 39 

writing, that appears to a reasonable person to realistically depict any 40 

speech, conduct, or writing of a person who did not in fact engage in 41 

the speech, conduct, or writing, and the production of which was 42 

substantially dependent upon technical means, rather than the ability of 43 

another person to physically or verbally impersonate the person. 44 

 “Disclose” means to sell, give, provide, lend, trade, mail, deliver, 45 

transfer, publish, distribute, circulate, disseminate, present, exhibit, 46 

advertise, offer, share, or make 3externally3 available via the Internet 47 

or by any other means, whether or not for pecuniary gain. 48 



[3R] ACS for A3540 

3 

 

 

 “Interactive computer service provider” shall have the same 1 

meaning as set forth in 47 U.S.C. s.230. 2 

 “Solicit” means to offer to create or generate, or to advertise the 3 

ability to create or generate, a work of deceptive audio or visual media, 4 

whether or not for hire, commission, monetary remuneration, or 5 

pecuniary gain.  “Solicit” shall also mean to request the creation or 6 

generation of a work of deceptive audio or visual media, whether or 7 

not for monetary remuneration or compensation. 8 

 “Victim” means a person who suffers personal, physical, or 9 

psychological injury or death or incurs loss of or injury to personal or 10 

real property as a result of the conduct of another that would constitute 11 

a violation of subsections b. or c. of this section.  “Victim” also 12 

includes the spouse, parent, legal guardian, grandparent, child, sibling, 13 

domestic partner, or civil union partner of the decedent in the case of a 14 

person’s death. 15 

 “Video streaming service” means a service that transmits video 16 

content over the Internet that is played continuously without 17 

download. 18 

 b. A natural person commits a crime of the third degree if, 19 

without license or privilege to do so, the person generates or creates, or 20 

causes to be generated or created, a work of deceptive audio or visual 21 

media 3[with the intent that it be used as part of a plan or course of 22 

conduct to commit] for the purpose of attempting or furthering the 23 

commission of3 any crime or offense, 3or with the knowledge that the 24 

work is to be used by another for such purpose,3 including but not 25 

limited to: 26 

 (1)  a crime or offense under chapters 14, 16, 20, 21, 28, or 29 of 27 

Title 2C of the New Jersey Statutes; 28 

 (2)  advertising commercial sex abuse of a minor, pursuant to 29 

subsection b. of section 12 of P.L.2013, c.51 (C.2C:13-10); 30 

 (3)  endangering the welfare of children, pursuant to N.J.S.2C:24-31 

4; 32 

 (4)  threats or improper influence in official and political matters, 33 

pursuant to N.J.S.2C:27-3; 34 

 (5)  false public alarms, pursuant to N.J.S.2C:33-3; 35 

 (6)  harassment, pursuant to N.J.S.2C:33-4; 36 

 (7)  cyber-harassment, pursuant to section 1 of P.L.2013, c.272 37 

(C.2C:33-4.1); or 38 

 (8)  hazing, pursuant to section 1 of P.L.1980, c.169 (C.2C:40-3). 39 

 3
[The trier of fact may infer that a work of deceptive audio or 40 

visual media was generated or created without license or privilege to 41 

do so if the work was generated or created using a commercially or 42 

publicly available generative artificial intelligence system in violation 43 

of the terms of service, terms of use, or end user license agreement of 44 

the system.]3 45 

 c.  (1)  A natural person commits a crime of the third degree if, 46 

without license or privilege to do so, the person solicits, discloses, or 47 

uses a work of deceptive audio or visual media 3[as part of a plan or 48 



[3R] ACS for A3540 

4 

 

 

course of conduct to commit] for the purpose of attempting or 1 

furthering the commission of3 any crime or offense,3or with the 2 

knowledge that the work is to be used by another for such purpose,3 3 

including but not limited to any crime or offense listed in subsection b. 4 

of this section. 5 

 (2)  2[A] Except as otherwise provided in subsection g. of this 6 

section, a2 natural person commits a crime of the 3
[third] fourth3 7 

degree if, without license or privilege to do so, the person 3knowingly 8 

or recklessly3 discloses a work of deceptive audio or visual media 9 
3
[that the person knows or reasonably should know was]3 created in 10 

violation of subsection b. of this section. 11 

 d.  In addition to any term of imprisonment imposed pursuant to 12 

N.J.S.2C:43-6 and notwithstanding the provisions of subsection b. of 13 

N.J.S.2C:43-3, a fine of up to $30,000 may be imposed for a violation 14 

of this section. 15 

 e. Notwithstanding the provisions of N.J.S.2C:1-8 or any other 16 

provisions of law: 17 

 (1)  a conviction arising under subsection b. of this section shall 18 

not merge with a conviction under subsection c. of this section, nor 19 

shall a conviction under subsection c. of this section merge with a 20 

conviction under subsection b. of this section; and 21 

 (2)  a conviction arising under subsection b. or paragraph (1) of 22 

subsection c. of this section shall not merge with a conviction of any 23 

underlying offense, nor shall any conviction for such underlying 24 

offense merge with a conviction under subsection b. of this section.  25 

The court shall impose 2
[separate] consecutive2 sentences upon a 26 

conviction under subsection b. or paragraph (1) of subsection c. of this 27 

section and a conviction of any underlying offense. 28 

 f. A 1natural1 person who violates the provisions of 29 

P.L.    , c.     (C.        ) (pending before the Legislature as this bill) shall 30 
3also3 be liable to the victim of the violation, and the victim may bring 31 

a civil action in the Superior Court.  The court may award: 32 

 (1)  actual damages, but not less than liquidated damages 33 

computed at the rate of $1,000 for each 3knowing or reckless3 34 

violation of P.L.    , c.     (C.        ) (pending before the Legislature as 35 

this bill); 36 

 (2)  punitive damages upon proof of willful 3
[or reckless]3 37 

disregard of the law; 38 

 (3)  reasonable attorney’s fees and other litigation costs reasonably 39 

incurred; and 40 

 (4)  other such preliminary and equitable relief as the court 41 

determines appropriate.   42 

 A conviction for a violation of P.L.    , c.     (C.        ) (pending 43 

before the Legislature as this bill) shall not be a prerequisite for a civil 44 

action brought pursuant to this subsection.  The civil action authorized 45 

by this subsection shall be in addition to, and not in lieu of, any other 46 

civil action, injunctive relief, or other remedy available at law, 47 



[3R] ACS for A3540 

5 

 

 

including, but not limited to, a civil action for common law 1 

defamation, libel, slander, invasion of privacy, false light, 2 

misappropriation of identity, intrusion of privacy, or public disclosure 3 

of private facts. 4 

 g. (1) 2[It shall be deemed a fair use and shall not be a violation 5 

of]2 P.L.    , c.     (C.        ) (pending before the Legislature as this bill) 6 
2
[if a work of deceptive audio or visual media1

[,] is1 clearly 7 

identified as a work of deceptive audio or visual media 1or, if the 8 

deceptive nature of the work is unknown or unverified, but is clearly 9 

identified as a possible work of deceptive audio or visual media1, is 10 

disclosed in connection with] shall not apply to content that 11 
3
[constitutes2] a reasonable viewer or listener would understand to 12 

constitute3 criticism, comment, satire, parody, news reporting, 13 

teaching, scholarship, 3
[or]3 research 3, or to any content3 2

[, 14 

pursuant to 17 U.S.C. s.107] that a reasonable viewer or listener 15 

would not believe to authentically depict speech or conduct2. 16 

 (2)  P.L.    , c.     (C.        ) (pending before the Legislature as this 17 

bill) 1shall not apply to an interactive computer service provider, cloud 18 

services provider, or commercial developer or provider of artificial 19 

intelligence technology 2, where such developer or provider is not 20 

deemed to be a publisher, speaker, or information content provider 21 

pursuant to 47 U.S.C. s.2302, and1 shall not be construed to alter or 22 

negate any rights, obligations, or immunities of an interactive 23 

computer service provider 1or cloud services provider1 pursuant to 47 24 

U.S.C. s.2301
[, and shall not apply to a commercial developer or 25 

provider of artificial intelligence technology, provided that to the 26 

extent the provider or developer allows for the public dissemination of 27 

consumer generated media as that term is defined pursuant to 28 

paragraph (14) of 47 U.S.C. s.153, the provider or developer exercises 29 

commercially reasonable efforts to ensure that consumer generated 30 

media does not violate this section].1 31 

 (3)  P.L.    , c.     (C.        ) (pending before the Legislature as this 32 

bill) shall not apply to any broadcasting station, cable service, radio 33 

station, 3or3 telecommunications carrier, 3[ or television station,]3 as 34 

those terms are defined pursuant to 47 U.S.C. s.153, or to any 35 
3television station,3 billboard, Internet website, mobile application, 36 

video streaming service, newspaper, magazine, publication, 2
[or]2 37 

printed matter 2, or other advertising channel or medium2 through 38 

which an advertisement containing deceptive audio or visual media 39 

appears 2, where the advertising channel or medium’s role in 40 

disclosing the advertisement is limited to the selling of advertising 41 

time or space, or where an advertising channel or medium is prohibited 42 

by federal law from censoring the advertisement regardless of its 43 

content2 1[, when the owner, publisher, or operator of the advertising 44 

medium has no knowledge of the intent, design, or purpose of the 45 

advertiser]1. 46 



[3R] ACS for A3540 

6 

 

 

 (4)  This section shall not apply to any broadcasting station, 1 

including a cable or satellite television company, programmer, or 2 

producer, an Internet website, 2video streaming service,2 or a regularly 3 

published newspaper, magazine, or other periodical of general 4 

circulation, including an Internet or electronic publication, that 5 

routinely carries news and commentary of general interest, and that 6 

broadcasts or publishes any deceptive audio or visual media prohibited 7 

by this section 2solely2 for the purpose of disseminating newsworthy 8 

facts; provided that 2if the deceptive nature of the work is known or 9 

verified,2 the broadcast or publication shall clearly contain a 10 

disclaimer which is either shown or read aloud that identifies 2the 11 

work as a work of2 deceptive audio or visual media 2[and states that 12 

the deceptive audio or visual media contains manipulated images or 13 

sound]2.  2
[
1If the deceptive nature of the work is unknown or 14 

unverified, the broadcast or publication shall clearly contain a 15 

disclaimer which is either shown or read aloud that identifies the work 16 

as a possible work of deceptive audio or visual media.1]2 17 

 (5) It shall not be a violation of this section to disclose any 18 

deceptive audio or visual media to law enforcement officers in 19 

connection with a criminal investigation or prosecution of a violation 20 

of this section1
[, or];1 pursuant to a subpoena or court order requiring 21 

the disclosure of a work of deceptive audio or visual media1; 3to a 22 

school administrator, attorney, family member, or other advocate for 23 

purposes of reporting conduct that may constitute a violation of this 24 

section;3 or in furtherance of an investigation concerning fraud, 25 

cybersecurity, identity theft, harassment, or a violation of a 26 

commercial computer network’s contractual terms of service1. 27 

 28 

 3
[2.] 3.3 This act shall take effect immediately. 29 

 30 

 31 

                                 32 

 33 

 Establishes criminal penalties for production or dissemination of 34 

deceptive audio or visual media, commonly known as “deepfakes.” 35 



CHAPTER 40 

 

AN ACT establishing civil and criminal penalties for the production and dissemination 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: 

 

C.2C:21-17.7  Findings, declarations. 

 1. The Legislature finds and declares that: 

 a. Technological advances in artificial intelligence have resulted in widespread 

accessibility to sophisticated “deepfake” technology, which can be used to manipulate audio 

and visual content to create deceptive audio and visual media depictions that often cannot be 

distinguished from reality. 

 b. Digitally altered media generated with this technology can produce false and deceptive, 

but completely realistic and convincing, media depicting events that never happened, interactions 

that never took place, conduct that never occurred, and statements that were never made. 

 c. While there are numerous valid and appropriate uses for this sophisticated technology, 

such as criticism, comment, satire, parody, news reporting, teaching, scholarship, or research, 

it may also be used inappropriately to deceive, humiliate, or violate the privacy of individuals 

who are portrayed in deceptive audio and visual media without their consent.  

 d. It is manifest that lawbreakers will use all available tools to subvert the law, and 

“deepfake” technology, which may be readily accessed through the Internet or computer 

software programs, can be a powerful tool to accomplish illicit ends.  Utilizing “deepfake” 

technology, bad actors may engage in a broad range of criminal or unlawful conduct such as 

creating audio and visual media depictions of sexual abuse and sexual exploitation involving 

children or non-consenting adults, creating false, misleading, and misattributed political 

advertising and campaign materials, and targeting individuals and corporate entities for 

harassment, damaging reputations and ruining lives.  Punishment for committing a crime using 

“deepfake” technology should be cumulative, as the impact of the underlying criminal conduct 

is amplified through the insidious use of “deepfake” technology as the means to break the law. 

 e. With the readily available amplifiers of the Internet and social media, digital media can 

be both ubiquitous and enduring, and the harm to a person falsely depicted in a “deepfake” image 

or visual or audio recording can result in widespread and pervasive emotional distress, 

reputational damage, and indelible harm to that person’s personal and professional relationships. 

 f. There is a compelling State interest in fostering the appropriate use of “deepfake” 

technology and deterring the inappropriate application of this technology to commit illicit 

conduct in a way that safeguards the health, safety, and welfare of the public without unduly 

infringing on the First Amendment rights of content creators.  Similarly, the State has a 

compelling interest in protecting the privacy and reputational interests of residents who might 

otherwise be falsely depicted through “deepfake” technology and in providing them a 

meaningful mechanism through which to obtain appropriate redress. 

 g. While civil liability and enforcement may to some extent prevent the misuse of this 

technology in furtherance of criminal activity, the relative ease with which this technology may 

be accessed and deployed, measured against the magnitude of the indelible and long-lasting 

harms its use can inflict upon victims and their families, warrants more severe consequences to 

more effectively punish and deter the inappropriate use of “deepfake” technology. 

 h. Accordingly, the Legislature finds that it is necessary and proper to establish robust 

specific criminal penalties to punish and deter the use of “deepfake” technology to generate or 

create works of deceptive audio or visual media for the purpose of attempting or furthering the 

commission of a crime or offense, or to solicit, disclose, or use a work of deceptive audio or 



P.L. 2025, CHAPTER 40 

2 

 

visual media for that purpose, and by providing the aggrieved victims of such conduct a civil 

recourse by which they may seek appropriate recompense. 

 

C.2C:21-17.8  Definitions, "deepfake", deceptive audio, visual media, crimes, penalties. 

 2. a. As used in P.L.2025, c.40 (C.2C:21-17.7 et seq.): 

 “Deceptive audio or visual media” means any video recording, motion picture film, sound 

recording, electronic image, photograph, any technological representation of speech or conduct 

substantially derivative thereof, or any forgery or facsimile of a document or writing that 

appears to a reasonable person to realistically depict any speech, conduct, or writing of a person 

who did not in fact engage in the speech, conduct, or writing, 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, give, provide, lend, trade, mail, deliver, transfer, publish, 

distribute, circulate, disseminate, present, exhibit, advertise, offer, share, or make externally 

available via the Internet or by any other means, whether or not for pecuniary gain. 

 “Interactive computer service provider” shall have the same meaning as set forth in 47 

U.S.C. s.230. 

 “Solicit” means to offer to create or generate, or to advertise the ability to create or 

generate, a work of deceptive audio or visual media, whether or not for hire, commission, 

monetary remuneration, or pecuniary gain.  “Solicit” shall also mean to request the creation or 

generation of a work of deceptive audio or visual media, whether or not for monetary 

remuneration or compensation. 

 “Victim” means a person who suffers personal, physical, or psychological injury or death 

or incurs loss of or injury to personal or real property as a result of the conduct of another that 

would constitute a violation of subsections b. or c. of this section.  “Victim” also includes the 

spouse, parent, legal guardian, grandparent, child, sibling, domestic partner, or civil union 

partner of the decedent in the case of a person’s death. 

 “Video streaming service” means a service that transmits video content over the Internet 

that is played continuously without download. 

 b. A natural person commits a crime of the third degree if, without license or privilege to 

do so, the person generates or creates, or causes to be generated or created, a work of deceptive 

audio or visual media for the purpose of attempting or furthering the commission of any crime 

or offense, or with the knowledge that the work is to be used by another for such purpose, 

including, but not limited to: 

 (1) a crime or offense under chapters 14, 16, 20, 21, 28, or 29 of Title 2C of the New 

Jersey Statutes; 

 (2) advertising commercial sex abuse of a minor, pursuant to subsection b. of section 12 of 

P.L.2013, c.51 (C.2C:13-10); 

 (3) endangering the welfare of children, pursuant to N.J.S.2C:24-4; 

 (4) threats or improper influence in official and political matters, pursuant to N.J.S.2C:27-3; 

 (5) false public alarms, pursuant to N.J.S.2C:33-3; 

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

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

 (8) hazing, pursuant to section 1 of P.L.1980, c.169 (C.2C:40-3). 

 c. (1) A natural person commits a crime of the third degree if, without license or privilege 

to do so, the person solicits, discloses, or uses a work of deceptive audio or visual media for 

the purpose of attempting or furthering the commission of any crime or offense,  or with the 



P.L. 2025, CHAPTER 40 

3 

 

knowledge that the work is to be used by another for such purpose, including, but not limited 

to, any crime or offense listed in subsection b. of this section. 

 (2) Except as otherwise provided in subsection g. of this section, a natural person commits 

a crime of the  fourth degree if, without license or privilege to do so, the person knowingly or 

recklessly discloses a work of deceptive audio or visual media created in violation of 

subsection b. of this section. 

 d. In addition to any term of imprisonment imposed pursuant to N.J.S.2C:43-6 and 

notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine of up to $30,000 may 

be imposed for a violation of this section. 

 e. Notwithstanding the provisions of N.J.S.2C:1-8 or any other provisions of law: 

 (1) 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. of this section 

merge with a conviction under subsection b. of this section; and 

 (2) a conviction arising under subsection b. or paragraph (1) of subsection c. of this section 

shall not merge with a conviction of any underlying offense, nor shall any conviction for such 

underlying offense merge with a conviction under subsection b. of this section.  The court shall 

impose consecutive sentences upon a conviction under subsection b. or paragraph (1) of 

subsection c. of this section and a conviction of any underlying offense. 

 f. A natural person who violates the provisions of P.L.2025, c.40 (C.2C:21-17.7 et seq.) 

shall also be liable to the victim of the violation, and the victim 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 knowing or reckless violation of P.L.2025, c.40 (C.2C:21-17.7 et seq.); 

 (2) punitive damages upon proof of willful  disregard of the law; 

 (3) reasonable attorney’s fees and other litigation costs reasonably incurred; and 

 (4) other such preliminary and equitable relief as the court determines appropriate.   

 A conviction for a violation of P.L.2025, c.40 (C.2C:21-17.7 et seq.) 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. 

 g. (1) P.L.2025, c.40 (C.2C:21-17.7 et seq.) shall not apply to content that a reasonable 

viewer or listener would understand to constitute criticism, comment, satire, parody, news 

reporting, teaching, scholarship, research, or to any content that a reasonable viewer or listener 

would not believe to authentically depict speech or conduct. 

 (2) P.L.2025, c.40 (C.2C:21-17.7 et seq.) shall not apply to an interactive computer service 

provider, cloud services provider, or commercial developer or provider of artificial intelligence 

technology, where such developer or provider is not deemed to be a publisher, speaker, or 

information content provider pursuant to 47 U.S.C. s.230, and shall not be construed to alter 

or negate any rights, obligations, or immunities of an interactive computer service provider or 

cloud services provider pursuant to 47 U.S.C. s.230. 

 (3) P.L.2025, c.40 (C.2C:21-17.7 et seq.) shall not apply to any broadcasting station, cable 

service, radio station, or telecommunications carrier, as those terms are defined pursuant to 47 

U.S.C. s.153, or to any television station, billboard, Internet website, mobile application, video 

streaming service, newspaper, magazine, publication, printed matter, or other advertising 

channel or medium through which an advertisement containing deceptive audio or visual media 

appears, where the advertising channel or medium’s role in disclosing the advertisement is 



P.L. 2025, CHAPTER 40 

4 

 

limited to the selling of advertising time or space, or where an advertising channel or medium 

is prohibited by federal law from censoring the advertisement regardless of its content. 

 (4) This section shall not apply to any broadcasting station, including a cable or satellite 

television company, programmer, or producer, an Internet website, video streaming service, or 

a regularly published newspaper, magazine, or other periodical of general circulation, 

including an Internet or electronic publication, that routinely carries news and commentary of 

general interest and that broadcasts or publishes any deceptive audio or visual media prohibited 

by this section solely for the purpose of disseminating newsworthy facts , provided that if the 

deceptive nature of the work is known or verified, the broadcast or publication shall clearly 

contain a disclaimer which is either shown or read aloud that identifies the work as a work of 

deceptive audio or visual media.   

 (5) It shall not be a violation of this section to disclose any deceptive audio or visual media 

to law enforcement officers in connection with a criminal investigation or prosecution of a 

violation of this section; pursuant to a subpoena or court order requiring the disclosure of a 

work of deceptive audio or visual media; to a school administrator, attorney, family member, 

or other advocate for purposes of reporting conduct that may constitute a violation of this 

section; or in furtherance of an investigation concerning fraud, cybersecurity, identity theft, 

harassment, or a violation of a commercial computer network’s contractual terms of service. 

 

 3. This act shall take effect immediately. 

 

 Approved April 2, 2025. 



  

(Sponsorship Updated As Of: 3/4/2024) 

ASSEMBLY, No. 3540  

STATE OF NEW JERSEY 
221st LEGISLATURE 

   
INTRODUCED FEBRUARY 5, 2024 

 

 

Sponsored by: 

Assemblyman  HERB CONAWAY, JR. 

District 7 (Burlington) 

Assemblyman  LOUIS D. GREENWALD 

District 6 (Burlington and Camden) 

Assemblywoman  ELLEN J. PARK 

District 37 (Bergen) 

 

Co-Sponsored by: 

Assemblywomen Quijano, Haider and Assemblyman Karabinchak 

 

 

 

 

SYNOPSIS 

 Establishes criminal penalties for production or dissemination of deceptive 

audio or visual media, commonly known as “deepfakes.”  

 

CURRENT VERSION OF TEXT  

 As introduced. 

    



 

A3540 CONAWAY, GREENWALD 

2 

 

 

AN ACT establishing criminal penalties for the production and 1 

dissemination of deceptive audio or visual media and 2 

supplementing Title 2C of the New Jersey Statutes. 3 

 4 

 BE IT ENACTED by the Senate and General Assembly of the State 5 

of New Jersey: 6 

 7 

 1.  a.  As used in P.L.    , c.     (C.        ) (pending before the 8 

Legislature as this bill): 9 

 “Deceptive audio or visual media” means any video recording, 10 

motion picture film, sound recording, electronic image, photograph, 11 

or any technological representation of speech or conduct 12 

substantially derivative thereof that appears to authentically depict 13 

any speech or conduct of a person who did not in fact engage in the 14 

speech or conduct and the production of which was substantially 15 

dependent upon technical means, rather than the ability of another 16 

person to physically or verbally impersonate the person. 17 

 “Disclose” means to sell, manufacture, give, provide, lend, trade, 18 

mail, deliver, transfer, publish, distribute, circulate, disseminate, 19 

present, exhibit, advertise, offer, share, or make available via the 20 

Internet or by any other means, whether for pecuniary gain or not.  21 

 b. A person commits a crime of the third degree if, without 22 

license or privilege to do so, the person generates or creates, or 23 

causes to be generated or created, a work of deceptive audio or 24 

visual media for an unlawful purpose.  25 

 The trier of fact may infer that the deceptive audio or visual 26 

media was generated or created for an unlawful purpose if the work 27 

is subsequently used as part of a plan or course of conduct to 28 

commit one or more of the following offenses: 29 

 (1) harassment, pursuant to N.J.S.2C:33-4;  30 

 (2) cyber harassment, pursuant to section 1 of P.L.2013, c.272 31 

(C.2C:33-4.1); 32 

 (3) theft by deception, pursuant to N.J.S.2C:20-4; 33 

 (4) theft by extortion, pursuant to N.J.S.2C:20-5;  34 

 (5) false incrimination or reports, pursuant to N.J.S.2C:28-4; or 35 

 (6) invasion of privacy, pursuant to section 1 of P.L.2003, c.206 36 

(C.2C:14-9).  37 

 c.  A person commits a crime of the third degree if, without 38 

license or privilege to do so, the person discloses a work of 39 

deceptive audio or visual media that the person knows or reasonably 40 

should know was created in violation of subsection b. of this section 41 

without clearly identifying it as a work of deceptive audio or visual 42 

media.  43 

 In addition to any term of imprisonment imposed pursuant to 44 

N.J.S.2C:43-6 and notwithstanding the provisions of subsection b. 45 

of N.J.S.2C:43-3, a fine of up to $30,000 may be imposed for a 46 

violation of this subsection. 47 



 

A3540 CONAWAY, GREENWALD 

3 

 

 

 d. A person who violates the provisions of 1 

P.L.    , c.     (C.        ) (pending before the Legislature as this bill) 2 

shall be liable to the individual depicted in the deceptive audio or 3 

visual media, who may bring a civil action in the Superior Court.  4 

The court may award: 5 

 (1) actual damages, but not less than liquidated damages 6 

computed at the rate of $1,000 for each violation of P.L.    , c.     7 

(C.        ) (pending before the Legislature as this bill); 8 

 (2) punitive damages upon proof of willful or reckless disregard 9 

of the law; 10 

 (3) reasonable attorney's fees and other litigation costs 11 

reasonably incurred; and 12 

 (4) such other preliminary and equitable relief as the court 13 

determines appropriate.   14 

 A conviction for a violation of P.L.    , c.     (C.        ) (pending 15 

before the Legislature as this bill) shall not be a prerequisite for a 16 

civil action brought pursuant to this subsection.  The civil action 17 

authorized by this subsection shall be in addition to, and not in lieu 18 

of, any other civil action, injunctive relief, or other remedy 19 

available at law, including, but not limited to, a civil action for 20 

common law defamation, libel, slander, invasion of privacy, false 21 

light, misappropriation of identity, intrusion of privacy, or public 22 

disclosure of private facts. 23 

 e.  A final judgment rendered in favor of the State in any 24 

criminal proceeding shall estop the person from denying the same 25 

conduct in any civil action brought pursuant to this section. 26 

 f. (1)  This section shall not be construed to alter or negate any 27 

rights, obligations, or immunities of an interactive computer service 28 

provider pursuant to 47 U.S.C. s.230. 29 

 (2) Criminal and civil penalties imposed pursuant to this section 30 

shall not apply to the news media or a news agency, as those terms 31 

are defined in section 2 of P.L.1977, c.253 (C.2A:84A-21a), unless 32 

the news media or news agency broadcasts or publishes a work of 33 

deceptive audio or visual media, created in violation of this section, 34 

that the news media or news agency knows was created in violation 35 

of this section and fails to clearly identify the work as deceptive 36 

audio or visual media. 37 

 38 

 2. This act shall take effect immediately.  39 

 40 

 41 

STATEMENT 42 

 43 

 This bill establishes criminal penalties for production or 44 

dissemination of deceptive audio or visual media, commonly known 45 

as “deepfakes.”   46 

 The bill defines deceptive audio or visual media as “any video 47 

recording, motion picture film, sound recording, electronic image, 48 



 

A3540 CONAWAY, GREENWALD 

4 

 

 

photograph, or any technological representation of speech or 1 

conduct substantially derivative thereof that appears to authentically 2 

depict any speech or conduct of a person who did not in fact engage 3 

in the speech or conduct and the production of which was 4 

substantially dependent upon technical means, rather than the 5 

ability of another person to physically or verbally impersonate the 6 

person.” 7 

 The bill establishes a crime of the third degree if a person, 8 

without license or privilege to do so, generates or creates, or causes 9 

to be generated or created, deceptive audio or visual media for an 10 

unlawful purpose. The bill provides that the trier of fact may infer 11 

that the deceptive audio or visual media was generated or created 12 

for an unlawful purpose if the work is subsequently used as part of 13 

a plan or course of conduct to commit one or more of the following:  14 

 (1) harassment;  15 

 (2) cyber harassment;  16 

 (3) theft by deception;  17 

 (4) theft by extortion;  18 

 (5) false incrimination or reports; or  19 

 (6)invasion of privacy.   20 

 The bill also establishes a crime of the third degree if a person, 21 

without license or privilege to do so, discloses a work of deceptive 22 

audio or visual media that the person knows or should reasonably 23 

know was created in violation of the provisions of this bill without 24 

clearly identifying it as a work of deceptive audio or visual media.  25 

A crime of the third degree is ordinarily punishable by a term of 26 

three to five years imprisonment, a fine of up to $15,000, or both.  27 

However, the bill provides that a court may impose a fine of up to 28 

$30,000.  29 

 Under the bill, a person would be liable to the individual 30 

depicted in the deceptive audio or visual media, who may bring a 31 

civil action in the Superior Court. The bill further provides that a 32 

conviction is not to be a prerequisite for a civil action.  The civil 33 

action authorized by this bill is to be in addition to, and not in lieu 34 

of any other civil action, injunctive relief, or other remedy available 35 

at law. The bill further provides that a final judgment rendered in 36 

favor of the State in any criminal proceeding prevents the person 37 

from denying the same conduct in any civil action brought under 38 

the bill. 39 

 The bill provides that it should not be construed to alter or negate 40 

any rights, obligations, or immunities of an interactive computer 41 

service provider pursuant to 47 U.S.C. s.230.  The bill also provides 42 

that criminal and civil penalties imposed pursuant to the bill only 43 

apply to the news media or a news agency if the news media or agency 44 

broadcasts or publishes a work of deceptive audio or visual media that 45 

the news media or agency knows was created in violation of the bill, 46 

and fails to clearly identify the work as deceptive audio or visual 47 

media.  48 



  

(Sponsorship Updated As Of: 3/4/2024) 

[First Reprint] 

ASSEMBLY, No. 3540  

STATE OF NEW JERSEY 
221st LEGISLATURE 

   
INTRODUCED FEBRUARY 5, 2024 

 

 

Sponsored by: 

Assemblyman  HERB CONAWAY, JR. 

District 7 (Burlington) 

Assemblyman  LOUIS D. GREENWALD 

District 6 (Burlington and Camden) 

Assemblywoman  ELLEN J. PARK 

District 37 (Bergen) 

 

Co-Sponsored by: 

Assemblywomen Quijano, Haider and Assemblyman Karabinchak 

 

 

 

 

SYNOPSIS 

 Establishes criminal penalties for production or dissemination of deceptive 

audio or visual media, commonly known as “deepfakes.”  

 

CURRENT VERSION OF TEXT  

 As reported by the Assembly Science, Innovation and Technology 

Committee on March 4, 2024, with amendments. 

    



 

A3540 [1R] CONAWAY, GREENWALD 

2 

 

 EXPLANATION – Matter enclosed in bold-faced brackets [thus] in the above bill is 

not enacted and is intended to be omitted in the law. 

 

 Matter underlined thus is new matter. 

 Matter enclosed in superscript numerals has been adopted as follows: 

 1Assembly AST committee amendments adopted March 4, 2024. 

 

AN ACT establishing criminal penalties for the production and 1 

dissemination of deceptive audio or visual media and 2 

supplementing Title 2C of the New Jersey Statutes. 3 

 4 

 BE IT ENACTED by the Senate and General Assembly of the State 5 

of New Jersey: 6 

 7 

 1.  a.  As used in P.L.    , c.     (C.        ) (pending before the 8 

Legislature as this bill): 9 

 “Deceptive audio or visual media” means any video recording, 10 

motion picture film, sound recording, electronic image, photograph, 11 
1
[or]1 any technological representation of speech or conduct 12 

substantially derivative thereof 1, or any forgery or facsimile of a 13 

document or writing,1 that appears to 1
[authentically] a reasonable 14 

person to realistically1 depict any speech 1
[or] ,1 conduct 1, or 15 

writing1 of a person who did not in fact engage in the speech 16 
1
[or] ,1 conduct 1, or writing1 and the production of which was 17 

substantially dependent upon technical means, rather than the 18 

ability of another person to physically or verbally impersonate the 19 

person. 20 

 “Disclose” means to sell, manufacture, give, provide, lend, trade, 21 

mail, deliver, transfer, publish, distribute, circulate, disseminate, 22 

present, exhibit, advertise, offer, share, or make available via the 23 

Internet or by any other means, whether for pecuniary gain or not.  24 

 b. A person commits a crime of the third degree if, without 25 

license or privilege to do so, the person generates or creates, or 26 

causes to be generated or created, a work of deceptive audio or 27 

visual media 1[for an unlawful purpose.  28 

 The trier of fact may infer that the deceptive audio or visual 29 

media was generated or created for an unlawful purpose if the 30 

work] that1 is 1
[subsequently]1 used as part of a plan or course of 31 

conduct to commit 1[one or more of the following offenses: 32 

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

 (2) cyber harassment, pursuant to section 1 of P.L.2013, c.272 34 

(C.2C:33-4.1); 35 

 (3) theft by deception, pursuant to N.J.S.2C:20-4; 36 

 (4) theft by extortion, pursuant to N.J.S.2C:20-5;  37 

 (5) false incrimination or reports, pursuant to N.J.S.2C:28-4; or 38 

 (6) invasion of privacy, pursuant to section 1 of P.L.2003, c.206 39 

(C.2C:14-9)] any crime or offense including but not limited to: 40 

 (1) a crime or offense under chapters 14, 16, 20, 21, or 28 of 41 

Title 2C of the New Jersey Statutes; 42 

 (2) advertising commercial sex abuse of a minor, pursuant to 43 

section 12 of P.L.2013, c.51 (C.2C:13-10); 44 



 

A3540 [1R] CONAWAY, GREENWALD 

3 

 

 

 (3) endangering the welfare of children, pursuant to N.J.S.2C:24-1 

4; 2 

 (4) threats or improper influence in official and political matters, 3 

pursuant to N.J.S.2C:27-3; 4 

 (5) false public alarms, pursuant to N.J.S.2C:33-3; 5 

 (6) harassment, pursuant to N.J.S.2C:33-4 et seq.; or 6 

 (7) hazing, pursuant to section 1 of P.L.1980, c.169 (C.2C:40-7 

3)1. 8 

 c.  A person commits a crime of the third degree if, without 9 

license or privilege to do so, the person discloses a work of 10 

deceptive audio or visual media that the person knows or reasonably 11 

should know was created in violation of subsection b. of this section 12 
1
[without] .   13 

 It is an affirmative defense to prosecution under this subsection 14 

if the disclosed work is1 clearly 1
[identifying it] identified1 as a 15 

work of deceptive audio or visual media.  1This affirmative defense 16 

shall not apply where the disclosed work depicts less than 17 

completely and opaquely covered intimate parts, sexual penetration, 18 

or sexual contact, as those terms are defined in N.J.S.2C:14-1.1 19 

 In addition to any term of imprisonment imposed pursuant to 20 

N.J.S.2C:43-6 and notwithstanding the provisions of subsection b. 21 

of N.J.S.2C:43-3, a fine of up to $30,000 may be imposed for a 22 

violation of this subsection. 23 

 d. A person who violates the provisions of 24 

P.L.    , c.     (C.        ) (pending before the Legislature as this bill) 25 

shall be liable to the individual depicted in the deceptive audio or 26 

visual media, who may bring a civil action in the Superior Court.  27 

The court may award: 28 

 (1) actual damages, but not less than liquidated damages 29 

computed at the rate of $1,000 for each violation of P.L.    , c.     30 

(C.        ) (pending before the Legislature as this bill); 31 

 (2) punitive damages upon proof of willful or reckless disregard 32 

of the law; 33 

 (3) reasonable attorney’s fees and other litigation costs 34 

reasonably incurred; and 35 

 (4) such other preliminary and equitable relief as the court 36 

determines appropriate.   37 

 A conviction for a violation of P.L.    , c.     (C.        ) (pending 38 

before the Legislature as this bill) shall not be a prerequisite for a 39 

civil action brought pursuant to this subsection.  The civil action 40 

authorized by this subsection shall be in addition to, and not in lieu 41 

of, any other civil action, injunctive relief, or other remedy 42 

available at law, including, but not limited to, a civil action for 43 

common law defamation, libel, slander, invasion of privacy, false 44 

light, misappropriation of identity, intrusion of privacy, or public 45 

disclosure of private facts. 46 



 

A3540 [1R] CONAWAY, GREENWALD 

4 

 

 

 e.  A final judgment rendered in favor of the State in any 1 

criminal proceeding shall estop the person from denying the same 2 

conduct in any civil action brought pursuant to this section. 3 

 f. (1) This section shall not be construed to alter or negate any 4 

rights, obligations, or immunities of an interactive computer service 5 

provider pursuant to 47 U.S.C. s.230. 6 

 (2) Criminal and civil penalties imposed pursuant to this section 7 

shall not apply to the news media or a news agency, as those terms 8 

are defined in section 2 of P.L.1977, c.253 (C.2A:84A-21a), unless 9 

the news media or news agency broadcasts or publishes a work of 10 

deceptive audio or visual media, created in violation of this section, 11 

that the news media or news agency knows was created in violation 12 

of this section and fails to clearly identify the work as deceptive 13 

audio or visual media. 14 

 1g. Notwithstanding the provisions of N.J.S.2C:1-8 or any other 15 

provisions of law: 16 

 (1) a conviction arising under subsection b. of this section shall 17 

not merge with a conviction under subsection c. of this section, nor 18 

shall a conviction under subsection c. of this section merge with a 19 

conviction under subsection b. of this section; and 20 

 (2) a conviction arising under subsection b. of this section shall 21 

not merge with a conviction of any of the underlying offenses 22 

referred to in subsection b. of this section, nor shall any conviction 23 

for such underlying offense merge with a conviction under 24 

subsection b. of this section.  The court shall impose separate 25 

sentences upon a conviction under subsection b. of this section and 26 

a conviction of any underlying offense.1 27 

 28 

 2. This act shall take effect immediately.  29 



 

(Sponsorship Updated As Of: 6/24/2024) 

ASSEMBLY COMMITTEE SUBSTITUTE FOR 

ASSEMBLY, No. 3540  
 

STATE OF NEW JERSEY 
221st LEGISLATURE 

  

ADOPTED MAY 20, 2024 

 

 

Sponsored by: 

Assemblyman  HERB CONAWAY, JR. 

District 7 (Burlington) 

Assemblyman  LOUIS D. GREENWALD 

District 6 (Burlington and Camden) 

Assemblywoman  ELLEN J. PARK 

District 37 (Bergen) 

 

Co-Sponsored by: 

Assemblywomen Quijano, Haider, Assemblymen Karabinchak and 

Wimberly 

 

 

 

 

SYNOPSIS 

 Establishes criminal penalties for production or dissemination of deceptive 

audio or visual media, commonly known as “deepfakes.” 

  

CURRENT VERSION OF TEXT  

 Substitute as adopted by the Assembly Judiciary Committee. 

    

 

 



 

ACS for A3540 CONAWAY, GREENWALD 

2 

 

 

AN ACT establishing criminal penalties for the production and 1 

dissemination of deceptive audio or visual media and 2 

supplementing Title 2C of the New Jersey Statutes. 3 

 4 

 BE IT ENACTED by the Senate and General Assembly of the State 5 

of New Jersey: 6 

 7 

 1. a. As used in P.L.    , c.     (C.        ) (pending before the 8 

Legislature as this bill): 9 

 “Deceptive audio or visual media” means any video recording, 10 

motion picture film, sound recording, electronic image, photograph, 11 

any technological representation of speech or conduct substantially 12 

derivative thereof, or any forgery or facsimile of a document or 13 

writing, that appears to a reasonable person to realistically depict any 14 

speech, conduct, or writing of a person who did not in fact engage in 15 

the speech, conduct, or writing, and the production of which was 16 

substantially dependent upon technical means, rather than the 17 

ability of another person to physically or verbally impersonate the 18 

person. 19 

 “Disclose” means to sell, give, provide, lend, trade, mail, deliver, 20 

transfer, publish, distribute, circulate, disseminate, present, exhibit, 21 

advertise, offer, share, or make available via the Internet or by any 22 

other means, whether or not for pecuniary gain. 23 

 “Interactive computer service provider” shall have the same 24 

meaning as set forth in 47 U.S.C. s.230. 25 

 “Solicit” means to offer to create or generate, or to advertise the 26 

ability to create or generate, a work of deceptive audio or visual 27 

media, whether or not for hire, commission, monetary 28 

remuneration, or pecuniary gain.  “Solicit” shall also mean to 29 

request the creation or generation of a work of deceptive audio or 30 

visual media, whether or not for monetary remuneration or 31 

compensation. 32 

 “Victim” means a person who suffers personal, physical, or 33 

psychological injury or death or incurs loss of or injury to personal 34 

or real property as a result of the conduct of another that would 35 

constitute a violation of subsections b. or c. of this section.  36 

“Victim” also includes the spouse, parent, legal guardian, 37 

grandparent, child, sibling, domestic partner, or civil union partner 38 

of the decedent in the case of a person’s death. 39 

 “Video streaming service” means a service that transmits video 40 

content over the Internet that is played continuously without 41 

download. 42 

 b. A natural person commits a crime of the third degree if, 43 

without license or privilege to do so, the person generates or 44 

creates, or causes to be generated or created, a work of deceptive 45 

audio or visual media with the intent that it be used as part of a plan 46 

or course of conduct to commit any crime or offense, including but 47 

not limited to: 48 



 

ACS for A3540 CONAWAY, GREENWALD 

3 

 

 (1) a crime or offense under chapters 14, 16, 20, 21, 28, or 29 of 1 

Title 2C of the New Jersey Statutes; 2 

 (2) advertising commercial sex abuse of a minor, pursuant to 3 

subsection b. of section 12 of P.L.2013, c.51 (C.2C:13-10); 4 

 (3) endangering the welfare of children, pursuant to N.J.S.2C:24-5 

4; 6 

 (4) threats or improper influence in official and political matters, 7 

pursuant to N.J.S.2C:27-3; 8 

 (5) false public alarms, pursuant to N.J.S.2C:33-3; 9 

 (6) harassment, pursuant to N.J.S.2C:33-4; 10 

 (7) cyber-harassment, pursuant to section 1 of P.L.2013, c.272 11 

(C.2C:33-4.1); or 12 

 (8) hazing, pursuant to section 1 of P.L.1980, c.169 (C.2C:40-3). 13 

 The trier of fact may infer that a work of deceptive audio or 14 

visual media was generated or created without license or privilege 15 

to do so if the work was generated or created using a commercially 16 

or publicly available generative artificial intelligence system in 17 

violation of the terms of service, terms of use, or end user license 18 

agreement of the system. 19 

 c. (1) A natural person commits a crime of the third degree if, 20 

without license or privilege to do so, the person solicits, discloses, 21 

or uses a work of deceptive audio or visual media as part of a plan 22 

or course of conduct to commit any crime or offense, including but 23 

not limited to any crime or offense listed in subsection b. of this 24 

section. 25 

 (2) A natural person commits a crime of the third degree if, 26 

without license or privilege to do so, the person discloses a work of 27 

deceptive audio or visual media that the person knows or reasonably 28 

should know was created in violation of subsection b. of this 29 

section. 30 

 d. In addition to any term of imprisonment imposed pursuant to 31 

N.J.S.2C:43-6 and notwithstanding the provisions of subsection b. 32 

of N.J.S.2C:43-3, a fine of up to $30,000 may be imposed for a 33 

violation of this section. 34 

 e. Notwithstanding the provisions of N.J.S.2C:1-8 or any other 35 

provisions of law: 36 

 (1) a conviction arising under subsection b. of this section shall 37 

not merge with a conviction under subsection c. of this section, nor 38 

shall a conviction under subsection c. of this section merge with a 39 

conviction under subsection b. of this section; and 40 

 (2) a conviction arising under subsection b. or paragraph (1) of 41 

subsection c. of this section shall not merge with a conviction of 42 

any underlying offense, nor shall any conviction for such 43 

underlying offense merge with a conviction under subsection b. of 44 

this section.  The court shall impose separate sentences upon a 45 

conviction under subsection b. or paragraph (1) of subsection c. of 46 

this section and a conviction of any underlying offense. 47 



 

ACS for A3540 CONAWAY, GREENWALD 

4 

 

 f. A person who violates the provisions of 1 

P.L.    , c.     (C.        ) (pending before the Legislature as this bill) 2 

shall be liable to the victim of the violation, and the victim may 3 

bring a civil action in the Superior Court.  The court may award: 4 

 (1) actual damages, but not less than liquidated damages 5 

computed at the rate of $1,000 for each violation of 6 

P.L.    , c.     (C.        ) (pending before the Legislature as this bill); 7 

 (2) punitive damages upon proof of willful or reckless disregard 8 

of the law; 9 

 (3) reasonable attorney’s fees and other litigation costs 10 

reasonably incurred; and 11 

 (4) other such preliminary and equitable relief as the court 12 

determines appropriate.   13 

 A conviction for a violation of P.L.    , c.     (C.        ) (pending 14 

before the Legislature as this bill) shall not be a prerequisite for a 15 

civil action brought pursuant to this subsection.  The civil action 16 

authorized by this subsection shall be in addition to, and not in lieu 17 

of, any other civil action, injunctive relief, or other remedy 18 

available at law, including, but not limited to, a civil action for 19 

common law defamation, libel, slander, invasion of privacy, false 20 

light, misappropriation of identity, intrusion of privacy, or public 21 

disclosure of private facts. 22 

 g. (1) It shall be deemed a fair use and shall not be a violation 23 

of P.L.    , c.     (C.        ) (pending before the Legislature as this 24 

bill) if a work of deceptive audio or visual media, clearly identified 25 

as a work of deceptive audio or visual media, is disclosed in 26 

connection with criticism, comment, satire, parody, news reporting, 27 

teaching, scholarship, or research, pursuant to 17 U.S.C. s.107. 28 

 (2) P.L.    , c.     (C.        ) (pending before the Legislature as this 29 

bill) shall not be construed to alter or negate any rights, obligations, or 30 

immunities of an interactive computer service provider pursuant to 47 31 

U.S.C. s.230, and shall not apply to a commercial developer or 32 

provider of artificial intelligence technology, provided that to the 33 

extent the provider or developer allows for the public dissemination of 34 

consumer generated media as that term is defined pursuant to 35 

paragraph (14) of 47 U.S.C. s.153, the provider or developer exercises 36 

commercially reasonable efforts to ensure that consumer generated 37 

media does not violate this section 38 

 (3) P.L.    , c.     (C.        ) (pending before the Legislature as this 39 

bill) shall not apply to any broadcasting station, cable service, radio 40 

station, telecommunications carrier, or television station, as those 41 

terms are defined pursuant to 47 U.S.C. s.153, or to any billboard, 42 

Internet website, mobile application, video streaming service, 43 

newspaper, magazine, publication, or printed matter through which 44 

an advertisement containing deceptive audio or visual media appears, 45 

when the owner, publisher, or operator of the advertising medium 46 

has no knowledge of the intent, design, or purpose of the advertiser. 47 



 

ACS for A3540 CONAWAY, GREENWALD 

5 

 

 (4) This section shall not apply to any broadcasting station, 1 

including a cable or satellite television company, programmer, or 2 

producer, an Internet website, or a regularly published newspaper, 3 

magazine, or other periodical of general circulation, including an 4 

Internet or electronic publication, that routinely carries news and 5 

commentary of general interest, and that broadcasts or publishes 6 

any deceptive audio or visual media prohibited by this section for 7 

the purpose of disseminating newsworthy facts; provided that the 8 

broadcast or publication shall clearly contain a disclaimer which is 9 

either shown or read aloud that identifies the deceptive audio or 10 

visual media and states that the deceptive audio or visual media 11 

contains manipulated images or sound. 12 

 (5) It shall not be a violation of this section to disclose any 13 

deceptive audio or visual media to law enforcement officers in 14 

connection with a criminal investigation or prosecution of a violation 15 

of this section, or pursuant to a subpoena or court order requiring the 16 

disclosure of a work of deceptive audio or visual media. 17 

 18 

 2. This act shall take effect immediately. 19 



 

(Sponsorship Updated As Of: 6/24/2024) 

[First Reprint] 
 

ASSEMBLY COMMITTEE SUBSTITUTE FOR 

ASSEMBLY, No. 3540  
 

STATE OF NEW JERSEY 
221st LEGISLATURE 

  

ADOPTED MAY 20, 2024 

 

 

Sponsored by: 

Assemblyman  HERB CONAWAY, JR. 

District 7 (Burlington) 

Assemblyman  LOUIS D. GREENWALD 

District 6 (Burlington and Camden) 

Assemblywoman  ELLEN J. PARK 

District 37 (Bergen) 

 

Co-Sponsored by: 

Assemblywomen Quijano, Haider, Assemblymen Karabinchak and 

Wimberly 

 

 

 

 

SYNOPSIS 

 Establishes criminal penalties for production or dissemination of deceptive 

audio or visual media, commonly known as “deepfakes.” 

  

CURRENT VERSION OF TEXT  

 As reported by the Assembly Appropriations Committee on June 24, 2024, 

with amendments. 

    

 

 



 

[1R] ACS for A3540 CONAWAY, GREENWALD 

2 

 

 EXPLANATION – Matter enclosed in bold-faced brackets [thus] in the above bill is 

not enacted and is intended to be omitted in the law. 

 

 Matter underlined thus is new matter. 

 Matter enclosed in superscript numerals has been adopted as follows: 

 1 Assembly AAP committee amendments adopted June 24, 2024. 

 

AN ACT establishing criminal penalties for the production and 1 

dissemination of deceptive audio or visual media and 2 

supplementing Title 2C of the New Jersey Statutes. 3 

 4 

 BE IT ENACTED by the Senate and General Assembly of the State 5 

of New Jersey: 6 

 7 

 1. a. As used in P.L.    , c.     (C.        ) (pending before the 8 

Legislature as this bill): 9 

 “Deceptive audio or visual media” means any video recording, 10 

motion picture film, sound recording, electronic image, photograph, 11 

any technological representation of speech or conduct substantially 12 

derivative thereof, or any forgery or facsimile of a document or 13 

writing, that appears to a reasonable person to realistically depict any 14 

speech, conduct, or writing of a person who did not in fact engage in 15 

the speech, conduct, or writing, and the production of which was 16 

substantially dependent upon technical means, rather than the ability of 17 

another person to physically or verbally impersonate the person. 18 

 “Disclose” means to sell, give, provide, lend, trade, mail, deliver, 19 

transfer, publish, distribute, circulate, disseminate, present, exhibit, 20 

advertise, offer, share, or make available via the Internet or by any 21 

other means, whether or not for pecuniary gain. 22 

 “Interactive computer service provider” shall have the same 23 

meaning as set forth in 47 U.S.C. s.230. 24 

 “Solicit” means to offer to create or generate, or to advertise the 25 

ability to create or generate, a work of deceptive audio or visual media, 26 

whether or not for hire, commission, monetary remuneration, or 27 

pecuniary gain.  “Solicit” shall also mean to request the creation or 28 

generation of a work of deceptive audio or visual media, whether or 29 

not for monetary remuneration or compensation. 30 

 “Victim” means a person who suffers personal, physical, or 31 

psychological injury or death or incurs loss of or injury to personal or 32 

real property as a result of the conduct of another that would constitute 33 

a violation of subsections b. or c. of this section.  “Victim” also 34 

includes the spouse, parent, legal guardian, grandparent, child, sibling, 35 

domestic partner, or civil union partner of the decedent in the case of a 36 

person’s death. 37 

 “Video streaming service” means a service that transmits video 38 

content over the Internet that is played continuously without 39 

download. 40 

 b. A natural person commits a crime of the third degree if, 41 

without license or privilege to do so, the person generates or creates, or 42 

causes to be generated or created, a work of deceptive audio or visual 43 



 

[1R] ACS for A3540 CONAWAY, GREENWALD 

3 

 

media with the intent that it be used as part of a plan or course of 1 

conduct to commit any crime or offense, including but not limited to: 2 

 (1) a crime or offense under chapters 14, 16, 20, 21, 28, or 29 of 3 

Title 2C of the New Jersey Statutes; 4 

 (2) advertising commercial sex abuse of a minor, pursuant to 5 

subsection b. of section 12 of P.L.2013, c.51 (C.2C:13-10); 6 

 (3) endangering the welfare of children, pursuant to N.J.S.2C:24-4; 7 

 (4) threats or improper influence in official and political matters, 8 

pursuant to N.J.S.2C:27-3; 9 

 (5) false public alarms, pursuant to N.J.S.2C:33-3; 10 

 (6) harassment, pursuant to N.J.S.2C:33-4; 11 

 (7) cyber-harassment, pursuant to section 1 of P.L.2013, c.272 12 

(C.2C:33-4.1); or 13 

 (8) hazing, pursuant to section 1 of P.L.1980, c.169 (C.2C:40-3). 14 

 The trier of fact may infer that a work of deceptive audio or visual 15 

media was generated or created without license or privilege to do so if 16 

the work was generated or created using a commercially or publicly 17 

available generative artificial intelligence system in violation of the 18 

terms of service, terms of use, or end user license agreement of the 19 

system. 20 

 c. (1) A natural person commits a crime of the third degree if, 21 

without license or privilege to do so, the person solicits, discloses, or 22 

uses a work of deceptive audio or visual media as part of a plan or 23 

course of conduct to commit any crime or offense, including but not 24 

limited to any crime or offense listed in subsection b. of this section. 25 

 (2) A natural person commits a crime of the third degree if, 26 

without license or privilege to do so, the person discloses a work of 27 

deceptive audio or visual media that the person knows or reasonably 28 

should know was created in violation of subsection b. of this section. 29 

 d. In addition to any term of imprisonment imposed pursuant to 30 

N.J.S.2C:43-6 and notwithstanding the provisions of subsection b. of 31 

N.J.S.2C:43-3, a fine of up to $30,000 may be imposed for a violation 32 

of this section. 33 

 e. Notwithstanding the provisions of N.J.S.2C:1-8 or any other 34 

provisions of law: 35 

 (1) a conviction arising under subsection b. of this section shall not 36 

merge with a conviction under subsection c. of this section, nor shall a 37 

conviction under subsection c. of this section merge with a conviction 38 

under subsection b. of this section; and 39 

 (2) a conviction arising under subsection b. or paragraph (1) of 40 

subsection c. of this section shall not merge with a conviction of any 41 

underlying offense, nor shall any conviction for such underlying 42 

offense merge with a conviction under subsection b. of this section.  43 

The court shall impose separate sentences upon a conviction under 44 

subsection b. or paragraph (1) of subsection c. of this section and a 45 

conviction of any underlying offense. 46 

 f. A 1natural1 person who violates the provisions of 47 

P.L.    , c.     (C.        ) (pending before the Legislature as this bill) shall 48 



 

[1R] ACS for A3540 CONAWAY, GREENWALD 

4 

 

be liable to the victim of the violation, and the victim may bring a civil 1 

action in the Superior Court.  The court may award: 2 

 (1) actual damages, but not less than liquidated damages computed 3 

at the rate of $1,000 for each violation of 4 

P.L.    , c.     (C.        ) (pending before the Legislature as this bill); 5 

 (2) punitive damages upon proof of willful or reckless disregard of 6 

the law; 7 

 (3) reasonable attorney’s fees and other litigation costs reasonably 8 

incurred; and 9 

 (4) other such preliminary and equitable relief as the court 10 

determines appropriate.   11 

 A conviction for a violation of P.L.    , c.     (C.        ) (pending 12 

before the Legislature as this bill) shall not be a prerequisite for a civil 13 

action brought pursuant to this subsection.  The civil action authorized 14 

by this subsection shall be in addition to, and not in lieu of, any other 15 

civil action, injunctive relief, or other remedy available at law, 16 

including, but not limited to, a civil action for common law 17 

defamation, libel, slander, invasion of privacy, false light, 18 

misappropriation of identity, intrusion of privacy, or public disclosure 19 

of private facts. 20 

 g. (1) It shall be deemed a fair use and shall not be a violation of 21 

P.L.    , c.     (C.        ) (pending before the Legislature as this bill) if a 22 

work of deceptive audio or visual media1
[,] is1 clearly identified as a 23 

work of deceptive audio or visual media 1or, if the deceptive nature of 24 

the work is unknown or unverified, but is clearly identified as a 25 

possible work of deceptive audio or visual media1, is disclosed in 26 

connection with criticism, comment, satire, parody, news reporting, 27 

teaching, scholarship, or research, pursuant to 17 U.S.C. s.107. 28 

 (2) P.L.    , c.     (C.        ) (pending before the Legislature as this 29 

bill) 1shall not apply to an interactive computer service provider, cloud 30 

services provider, or commercial developer or provider of artificial 31 

intelligence technology, and1 shall not be construed to alter or negate 32 

any rights, obligations, or immunities of an interactive computer 33 

service provider 1or cloud services provider1 pursuant to 34 

47 U.S.C. s.230 1[, and shall not apply to a commercial developer or 35 

provider of artificial intelligence technology, provided that to the 36 

extent the provider or developer allows for the public dissemination of 37 

consumer generated media as that term is defined pursuant to 38 

paragraph (14) of 47 U.S.C. s.153, the provider or developer exercises 39 

commercially reasonable efforts to ensure that consumer generated 40 

media does not violate this section].1 41 

 (3) P.L.    , c.     (C.        ) (pending before the Legislature as this 42 

bill) shall not apply to any broadcasting station, cable service, radio 43 

station, telecommunications carrier, or television station, as those 44 

terms are defined pursuant to 47 U.S.C. s.153, or to any billboard, 45 

Internet website, mobile application, video streaming service, 46 

newspaper, magazine, publication, or printed matter through which an 47 



 

[1R] ACS for A3540 CONAWAY, GREENWALD 

5 

 

advertisement containing deceptive audio or visual media appears1[, 1 

when the owner, publisher, or operator of the advertising medium has 2 

no knowledge of the intent, design, or purpose of the advertiser]1. 3 

 (4) This section shall not apply to any broadcasting station, 4 

including a cable or satellite television company, programmer, or 5 

producer, an Internet website, or a regularly published newspaper, 6 

magazine, or other periodical of general circulation, including an 7 

Internet or electronic publication, that routinely carries news and 8 

commentary of general interest, and that broadcasts or publishes any 9 

deceptive audio or visual media prohibited by this section for the 10 

purpose of disseminating newsworthy facts; provided that the 11 

broadcast or publication shall clearly contain a disclaimer which is 12 

either shown or read aloud that identifies the deceptive audio or visual 13 

media and states that the deceptive audio or visual media contains 14 

manipulated images or sound.  1If the deceptive nature of the work is 15 

unknown or unverified, the broadcast or publication shall clearly 16 

contain a disclaimer which is either shown or read aloud that identifies 17 

the work as a possible work of deceptive audio or visual media.1 18 

 (5) It shall not be a violation of this section to disclose any 19 

deceptive audio or visual media to law enforcement officers in 20 

connection with a criminal investigation or prosecution of a violation 21 

of this section1
[, or];1 pursuant to a subpoena or court order requiring 22 

the disclosure of a work of deceptive audio or visual media1; or in 23 

furtherance of an investigation concerning fraud, cybersecurity, 24 

identity theft, harassment, or a violation of a commercial computer 25 

network’s contractual terms of service1. 26 

 27 

 2. This act shall take effect immediately. 28 



(Sponsorship Updated As Of: 1/30/2025) 

[Second Reprint] 
 

ASSEMBLY COMMITTEE SUBSTITUTE FOR 

ASSEMBLY, No. 3540  
 

STATE OF NEW JERSEY 
221st LEGISLATURE 

  

ADOPTED MAY 20, 2024 

 

 

Sponsored by: 

Assemblyman  HERB CONAWAY, JR. 

District 7 (Burlington) 

Assemblyman  LOUIS D. GREENWALD 

District 6 (Burlington and Camden) 

Assemblywoman  ELLEN J. PARK 

District 37 (Bergen) 

Senator  PAUL D. MORIARTY 

District 4 (Atlantic, Camden and Gloucester) 

Senator  KRISTIN M. CORRADO 

District 40 (Bergen, Essex and Passaic) 

 

Co-Sponsored by: 

Assemblywomen Quijano, Haider, Assemblymen Karabinchak, Wimberly, 

Stanley, Sampson, Miller, Assemblywomen Bagolie, Lampitt, Speight, 

Ramirez, Swain, Assemblymen Hutchison, Tully, Senators Bramnick, 

Turner, Scutari and Amato 

 

 

 

 

SYNOPSIS 

 Establishes criminal penalties for production or dissemination of deceptive 

audio or visual media, commonly known as “deepfakes.” 

  

CURRENT VERSION OF TEXT  

 As reported by the Assembly Budget Committee on June 26, 2024, with 

amendments. 

 



[2R] ACS for A3540 CONAWAY, GREENWALD 

2 

 

 EXPLANATION – Matter enclosed in bold-faced brackets [thus] in the above bill is 

not enacted and is intended to be omitted in the law. 

 

 Matter underlined thus is new matter. 

 Matter enclosed in superscript numerals has been adopted as follows: 

 1Assembly AAP committee amendments adopted June 24, 2024. 

 2Assembly ABU committee amendments adopted June 26, 2024. 

 

AN ACT establishing criminal penalties for the production and 1 

dissemination of deceptive audio or visual media and 2 

supplementing Title 2C of the New Jersey Statutes. 3 

 4 

 BE IT ENACTED by the Senate and General Assembly of the State 5 

of New Jersey: 6 

 7 

 1.  a.  As used in P.L.    , c.     (C.        ) (pending before the 8 

Legislature as this bill): 9 

 “Deceptive audio or visual media” means any video recording, 10 

motion picture film, sound recording, electronic image, photograph, 11 

any technological representation of speech or conduct substantially 12 

derivative thereof, or any forgery or facsimile of a document or 13 

writing, that appears to a reasonable person to realistically depict 14 

any speech, conduct, or writing of a person who did not in fact 15 

engage in the speech, conduct, or writing, and the production of 16 

which was substantially dependent upon technical means, rather 17 

than the ability of another person to physically or verbally 18 

impersonate the person. 19 

 “Disclose” means to sell, give, provide, lend, trade, mail, deliver, 20 

transfer, publish, distribute, circulate, disseminate, present, exhibit, 21 

advertise, offer, share, or make available via the Internet or by any 22 

other means, whether or not for pecuniary gain. 23 

 “Interactive computer service provider” shall have the same 24 

meaning as set forth in 47 U.S.C. s.230. 25 

 “Solicit” means to offer to create or generate, or to advertise the 26 

ability to create or generate, a work of deceptive audio or visual 27 

media, whether or not for hire, commission, monetary 28 

remuneration, or pecuniary gain.  “Solicit” shall also mean to 29 

request the creation or generation of a work of deceptive audio or 30 

visual media, whether or not for monetary remuneration or 31 

compensation. 32 

 “Victim” means a person who suffers personal, physical, or 33 

psychological injury or death or incurs loss of or injury to personal 34 

or real property as a result of the conduct of another that would 35 

constitute a violation of subsections b. or c. of this section.  36 

“Victim” also includes the spouse, parent, legal guardian, 37 

grandparent, child, sibling, domestic partner, or civil union partner 38 

of the decedent in the case of a person’s death. 39 

 “Video streaming service” means a service that transmits video 40 

content over the Internet that is played continuously without 41 

download. 42 

 b. A natural person commits a crime of the third degree if, 43 

without license or privilege to do so, the person generates or    44 



[2R] ACS for A3540 CONAWAY, GREENWALD 

3 

 

creates, or causes to be generated or created, a work of deceptive 1 

audio or visual media with the intent that it be used as part of a plan 2 

or course of conduct to commit any crime or offense, including but 3 

not limited to: 4 

 (1)  a crime or offense under chapters 14, 16, 20, 21, 28, or 29 of 5 

Title 2C of the New Jersey Statutes; 6 

 (2)  advertising commercial sex abuse of a minor, pursuant to 7 

subsection b. of section 12 of P.L.2013, c.51 (C.2C:13-10); 8 

 (3)  endangering the welfare of children, pursuant to 9 

N.J.S.2C:24-4; 10 

 (4)  threats or improper influence in official and political matters, 11 

pursuant to N.J.S.2C:27-3; 12 

 (5)  false public alarms, pursuant to N.J.S.2C:33-3; 13 

 (6)  harassment, pursuant to N.J.S.2C:33-4; 14 

 (7)  cyber-harassment, pursuant to section 1 of P.L.2013, c.272 15 

(C.2C:33-4.1); or 16 

 (8)  hazing, pursuant to section 1 of P.L.1980, c.169 (C.2C:40-3). 17 

 The trier of fact may infer that a work of deceptive audio or 18 

visual media was generated or created without license or privilege 19 

to do so if the work was generated or created using a commercially 20 

or publicly available generative artificial intelligence system in 21 

violation of the terms of service, terms of use, or end user license 22 

agreement of the system. 23 

 c.  (1)  A natural person commits a crime of the third degree if, 24 

without license or privilege to do so, the person solicits, discloses, 25 

or uses a work of deceptive audio or visual media as part of a plan 26 

or course of conduct to commit any crime or offense, including but 27 

not limited to any crime or offense listed in subsection b. of this 28 

section. 29 

 (2)  2[A] Except as otherwise provided in subsection g. of this 30 

section, a2 natural person commits a crime of the third degree if, 31 

without license or privilege to do so, the person discloses a work of 32 

deceptive audio or visual media that the person knows or reasonably 33 

should know was created in violation of subsection b. of this 34 

section. 35 

 d.  In addition to any term of imprisonment imposed pursuant to 36 

N.J.S.2C:43-6 and notwithstanding the provisions of subsection b. 37 

of N.J.S.2C:43-3, a fine of up to $30,000 may be imposed for a 38 

violation of this section. 39 

 e. Notwithstanding the provisions of N.J.S.2C:1-8 or any other 40 

provisions of law: 41 

 (1)  a conviction arising under subsection b. of this section shall 42 

not merge with a conviction under subsection c. of this section, nor 43 

shall a conviction under subsection c. of this section merge with a 44 

conviction under subsection b. of this section; and 45 

 (2)  a conviction arising under subsection b. or paragraph (1) of 46 

subsection c. of this section shall not merge with a conviction of 47 

any underlying offense, nor shall any conviction for such 48 

underlying offense merge with a conviction under subsection b. of 49 



[2R] ACS for A3540 CONAWAY, GREENWALD 

4 

 

this section.  The court shall impose 2
[separate] consecutive2 1 

sentences upon a conviction under subsection b. or paragraph (1) of 2 

subsection c. of this section and a conviction of any underlying 3 

offense. 4 

 f. A 1natural1 person who violates the provisions of 5 

P.L.    , c.     (C.        ) (pending before the Legislature as this bill) 6 

shall be liable to the victim of the violation, and the victim may 7 

bring a civil action in the Superior Court.  The court may award: 8 

 (1)  actual damages, but not less than liquidated damages 9 

computed at the rate of $1,000 for each violation of P.L.    , c.     10 

(C.        ) (pending before the Legislature as this bill); 11 

 (2)  punitive damages upon proof of willful or reckless disregard 12 

of the law; 13 

 (3)  reasonable attorney’s fees and other litigation costs 14 

reasonably incurred; and 15 

 (4)  other such preliminary and equitable relief as the court 16 

determines appropriate.   17 

 A conviction for a violation of P.L.    , c.     (C.        ) (pending 18 

before the Legislature as this bill) shall not be a prerequisite for a 19 

civil action brought pursuant to this subsection.  The civil action 20 

authorized by this subsection shall be in addition to, and not in lieu 21 

of, any other civil action, injunctive relief, or other remedy 22 

available at law, including, but not limited to, a civil action for 23 

common law defamation, libel, slander, invasion of privacy, false 24 

light, misappropriation of identity, intrusion of privacy, or public 25 

disclosure of private facts. 26 

 g. (1) 2
[It shall be deemed a fair use and shall not be a 27 

violation of]2 P.L.    , c.     (C.        ) (pending before the 28 

Legislature as this bill) 2
[if a work of deceptive audio or visual 29 

media1
[,] is1 clearly identified as a work of deceptive audio or 30 

visual media 1or, if the deceptive nature of the work is unknown or 31 

unverified, but is clearly identified as a possible work of deceptive 32 

audio or visual media1, is disclosed in connection with] shall not 33 

apply to content that constitutes2 criticism, comment, satire, parody, 34 

news reporting, teaching, scholarship, or research 2[, pursuant to 17 35 

U.S.C. s.107] that a reasonable viewer or listener would not believe 36 

to authentically depict speech or conduct2. 37 

 (2)  P.L.    , c.     (C.        ) (pending before the Legislature as this 38 

bill) 1shall not apply to an interactive computer service provider, 39 

cloud services provider, or commercial developer or provider of 40 

artificial intelligence technology 2, where such developer or 41 

provider is not deemed to be a publisher, speaker, or information 42 

content provider pursuant to 47 U.S.C. s.2302, and1 shall not be 43 

construed to alter or negate any rights, obligations, or immunities of 44 

an interactive computer service provider 1or cloud services 45 

provider1 pursuant to 47 U.S.C. s.2301
[, and shall not apply to a 46 

commercial developer or provider of artificial intelligence 47 



[2R] ACS for A3540 CONAWAY, GREENWALD 

5 

 

technology, provided that to the extent the provider or developer 1 

allows for the public dissemination of consumer generated media as 2 

that term is defined pursuant to paragraph (14) of 47 U.S.C. s.153, 3 

the provider or developer exercises commercially reasonable efforts 4 

to ensure that consumer generated media does not violate this 5 

section].1 6 

 (3)  P.L.    , c.     (C.        ) (pending before the Legislature as this 7 

bill) shall not apply to any broadcasting station, cable service, radio 8 

station, telecommunications carrier, or television station, as those 9 

terms are defined pursuant to 47 U.S.C. s.153, or to any billboard, 10 

Internet website, mobile application, video streaming service, 11 

newspaper, magazine, publication, 2[or]2 printed matter 2, or other 12 

advertising channel or medium2 through which an advertisement 13 

containing deceptive audio or visual media appears 2, where the 14 

advertising channel or medium’s role in disclosing the 15 

advertisement is limited to the selling of advertising time or space, 16 

or where an advertising channel or medium is prohibited by federal 17 

law from censoring the advertisement regardless of its content2 1[, 18 

when the owner, publisher, or operator of the advertising medium 19 

has no knowledge of the intent, design, or purpose of the 20 

advertiser]1. 21 

 (4)  This section shall not apply to any broadcasting station, 22 

including a cable or satellite television company, programmer, or 23 

producer, an Internet website, 2video streaming service,2 or a 24 

regularly published newspaper, magazine, or other periodical of 25 

general circulation, including an Internet or electronic publication, 26 

that routinely carries news and commentary of general interest, and 27 

that broadcasts or publishes any deceptive audio or visual media 28 

prohibited by this section 2solely2 for the purpose of disseminating 29 

newsworthy facts; provided that 2if the deceptive nature of the work 30 

is known or verified,2 the broadcast or publication shall clearly 31 

contain a disclaimer which is either shown or read aloud that 32 

identifies 2the work as a work of2 deceptive audio or visual media 33 
2
[and states that the deceptive audio or visual media contains 34 

manipulated images or sound]2.  2[1If the deceptive nature of the 35 

work is unknown or unverified, the broadcast or publication shall 36 

clearly contain a disclaimer which is either shown or read aloud that 37 

identifies the work as a possible work of deceptive audio or visual 38 

media.1]2 39 

 (5) It shall not be a violation of this section to disclose any 40 

deceptive audio or visual media to law enforcement officers in 41 

connection with a criminal investigation or prosecution of a 42 

violation of this section1
[, or];1 pursuant to a subpoena or court 43 

order requiring the disclosure of a work of deceptive audio or visual 44 

media1; or in furtherance of an investigation concerning fraud,   45 



[2R] ACS for A3540 CONAWAY, GREENWALD 

6 

 

cybersecurity, identity theft, harassment, or a violation of a 1 

commercial computer network’s contractual terms of service1. 2 

 3 

 2. This act shall take effect immediately. 4 



(Sponsorship Updated As Of: 3/24/2025) 

[Third Reprint] 
 

ASSEMBLY COMMITTEE SUBSTITUTE FOR 

ASSEMBLY, No. 3540  
 

STATE OF NEW JERSEY 
221st LEGISLATURE 

  

ADOPTED MAY 20, 2024 

 

 

Sponsored by: 

Assemblyman  HERB CONAWAY, JR. 

District 7 (Burlington) 

Assemblyman  LOUIS D. GREENWALD 

District 6 (Burlington and Camden) 

Assemblywoman  ELLEN J. PARK 

District 37 (Bergen) 

Senator  PAUL D. MORIARTY 

District 4 (Atlantic, Camden and Gloucester) 

Senator  KRISTIN M. CORRADO 

District 40 (Bergen, Essex and Passaic) 

 

Co-Sponsored by: 

Assemblywomen Quijano, Haider, Assemblymen Karabinchak, Wimberly, 

Stanley, Sampson, Miller, Assemblywomen Bagolie, Lampitt, Speight, 

Ramirez, Swain, Assemblymen Hutchison, Tully, Senators Bramnick, 

Turner, Scutari, Amato and Assemblywoman Hall 

 

 

 

 

SYNOPSIS 

 Establishes criminal penalties for production or dissemination of deceptive 

audio or visual media, commonly known as “deepfakes.” 

  

CURRENT VERSION OF TEXT  

 As amended on March 17, 2025 by the General Assembly pursuant to the 

Governor's recommendations. 

 



[3R] ACS for A3540 CONAWAY, GREENWALD 

2 

 

 EXPLANATION – Matter enclosed in bold-faced brackets [thus] in the above bill is 

not enacted and is intended to be omitted in the law. 

 

 Matter underlined thus is new matter. 

 Matter enclosed in superscript numerals has been adopted as follows: 

 1Assembly AAP committee amendments adopted June 24, 2024. 

 2Assembly ABU committee amendments adopted June 26, 2024. 

 3Assembly amendments adopted in accordance with Governor's 

     recommendations March 17, 2025. 

AN ACT establishing 3civil and3 criminal penalties for the 1 

production and dissemination of deceptive audio or visual media 2 

and supplementing Title 2C of the New Jersey Statutes. 3 

 4 

 BE IT ENACTED by the Senate and General Assembly of the State 5 

of New Jersey: 6 

 7 

 31. The Legislature finds and declares that: 8 

 a. Technological advances in artificial intelligence have resulted in 9 

widespread accessibility to sophisticated “deepfake” technology, 10 

which can be used to manipulate audio and visual content to create 11 

deceptive audio and visual media depictions that often cannot be 12 

distinguished from reality. 13 

 b. Digitally altered media generated with this technology can 14 

produce false and deceptive, but completely realistic and convincing, 15 

media depicting events that never happened, interactions that never 16 

took place, conduct that never occurred, and statements that were 17 

never made. 18 

 c. While there are numerous valid and appropriate uses for this 19 

sophisticated technology, such as criticism, comment, satire, parody, 20 

news reporting, teaching, scholarship, or research, it may also be used 21 

inappropriately, to deceive, humiliate, or violate the privacy of 22 

individuals who are portrayed in deceptive audio and visual media 23 

without their consent. 24 

 d. It is manifest that lawbreakers will use all available tools to 25 

subvert the law, and “deepfake” technology, which may be readily 26 

accessed through the Internet or computer software programs, can be a 27 

powerful tool to accomplish illicit ends.  Utilizing “deepfake” 28 

technology, bad actors may engage in a broad range of criminal or 29 

unlawful conduct such as creating audio and visual media depictions 30 

of sexual abuse and sexual exploitation involving children or non-31 

consenting adults, creating false, misleading, and misattributed 32 

political advertising and campaign materials, and targeting individuals 33 

and corporate entities for harassment, damaging reputations and 34 

ruining lives.  Punishment for committing a crime using “deepfake” 35 

technology should be cumulative, as the impact of the underlying 36 

criminal conduct is amplified through the insidious use of “deepfake” 37 

technology as the means to break the law. 38 

 e. With the readily available amplifiers of the Internet and social 39 

media, digital media can be both ubiquitous and enduring, and the 40 

harm to a person falsely depicted in a “deepfake” image or visual or 41 

audio recording can result in widespread and pervasive emotional 42 

distress, reputational damage, and indelible harm to that person’s 43 

personal and professional relationships. 44 



[3R] ACS for A3540 CONAWAY, GREENWALD 

3 

 

 f.  There is a compelling State interest in fostering the appropriate 1 

use of “deepfake” technology and deterring the inappropriate 2 

application of this technology to commit illicit conduct, in a way that 3 

safeguards the health, safety, and welfare of the public without unduly 4 

infringing on the First Amendment rights of content creators.  5 

Similarly, the State has a compelling interest in protecting the privacy 6 

and reputational interests of residents who might otherwise be falsely 7 

depicted through “deepfake” technology, and in providing them a 8 

meaningful mechanism through which to obtain appropriate redress. 9 

 g.  While civil liability and enforcement may to some extent 10 

prevent the misuse of this technology in furtherance of criminal 11 

activity, the relative ease with which this technology may be accessed 12 

and deployed, measured against the magnitude of the indelible and 13 

long-lasting harms its use can inflict upon victims and their families, 14 

warrants more severe consequences to more effectively punish and 15 

deter the inappropriate use of “deepfake” technology.    16 

 h.  Accordingly, the Legislature finds that it is necessary and 17 

proper to establish robust specific criminal penalties to punish and 18 

deter the use of “deepfake” technology to generate or create works of 19 

deceptive audio or visual media for the purpose of attempting or 20 

furthering the commission of a crime or offense, or to solicit, disclose, 21 

or use a work of deceptive audio or visual media for that purpose, and 22 

by providing the aggrieved victims of such conduct a civil recourse by 23 

which they may seek appropriate recompense.3 24 

 25 

 3
[1.] 2.3  a.  As used in P.L.    , c.     (C.        ) (pending before the 26 

Legislature as this bill): 27 

 “Deceptive audio or visual media” means any video recording, 28 

motion picture film, sound recording, electronic image, photograph, 29 

any technological representation of speech or conduct substantially 30 

derivative thereof, or any forgery or facsimile of a document or 31 

writing, that appears to a reasonable person to realistically depict any 32 

speech, conduct, or writing of a person who did not in fact engage in 33 

the speech, conduct, or writing, and the production of which was 34 

substantially dependent upon technical means, rather than the ability of 35 

another person to physically or verbally impersonate the person. 36 

 “Disclose” means to sell, give, provide, lend, trade, mail, deliver, 37 

transfer, publish, distribute, circulate, disseminate, present, exhibit, 38 

advertise, offer, share, or make 3externally3 available via the Internet 39 

or by any other means, whether or not for pecuniary gain. 40 

 “Interactive computer service provider” shall have the same 41 

meaning as set forth in 47 U.S.C. s.230. 42 

 “Solicit” means to offer to create or generate, or to advertise the 43 

ability to create or generate, a work of deceptive audio or visual media, 44 

whether or not for hire, commission, monetary remuneration, or 45 

pecuniary gain.  “Solicit” shall also mean to request the creation or 46 

generation of a work of deceptive audio or visual media, whether or 47 

not for monetary remuneration or compensation. 48 



[3R] ACS for A3540 CONAWAY, GREENWALD 

4 

 

 “Victim” means a person who suffers personal, physical, or 1 

psychological injury or death or incurs loss of or injury to personal or 2 

real property as a result of the conduct of another that would constitute 3 

a violation of subsections b. or c. of this section.  “Victim” also 4 

includes the spouse, parent, legal guardian, grandparent, child, sibling, 5 

domestic partner, or civil union partner of the decedent in the case of a 6 

person’s death. 7 

 “Video streaming service” means a service that transmits video 8 

content over the Internet that is played continuously without 9 

download. 10 

 b. A natural person commits a crime of the third degree if, 11 

without license or privilege to do so, the person generates or creates, or 12 

causes to be generated or created, a work of deceptive audio or visual 13 

media 3
[with the intent that it be used as part of a plan or course of 14 

conduct to commit] for the purpose of attempting or furthering the 15 

commission of3 any crime or offense, 3or with the knowledge that the 16 

work is to be used by another for such purpose,3 including but not 17 

limited to: 18 

 (1)  a crime or offense under chapters 14, 16, 20, 21, 28, or 29 of 19 

Title 2C of the New Jersey Statutes; 20 

 (2)  advertising commercial sex abuse of a minor, pursuant to 21 

subsection b. of section 12 of P.L.2013, c.51 (C.2C:13-10); 22 

 (3)  endangering the welfare of children, pursuant to N.J.S.2C:24-23 

4; 24 

 (4)  threats or improper influence in official and political matters, 25 

pursuant to N.J.S.2C:27-3; 26 

 (5)  false public alarms, pursuant to N.J.S.2C:33-3; 27 

 (6)  harassment, pursuant to N.J.S.2C:33-4; 28 

 (7)  cyber-harassment, pursuant to section 1 of P.L.2013, c.272 29 

(C.2C:33-4.1); or 30 

 (8)  hazing, pursuant to section 1 of P.L.1980, c.169 (C.2C:40-3). 31 

 3
[The trier of fact may infer that a work of deceptive audio or 32 

visual media was generated or created without license or privilege to 33 

do so if the work was generated or created using a commercially or 34 

publicly available generative artificial intelligence system in violation 35 

of the terms of service, terms of use, or end user license agreement of 36 

the system.]3 37 

 c.  (1)  A natural person commits a crime of the third degree if, 38 

without license or privilege to do so, the person solicits, discloses, or 39 

uses a work of deceptive audio or visual media 3
[as part of a plan or 40 

course of conduct to commit] for the purpose of attempting or 41 

furthering the commission of3 any crime or offense,3or with the 42 

knowledge that the work is to be used by another for such purpose,3 43 

including but not limited to any crime or offense listed in subsection b. 44 

of this section. 45 

 (2)  2
[A] Except as otherwise provided in subsection g. of this 46 

section, a2 natural person commits a crime of the 3
[third] fourth3 47 

degree if, without license or privilege to do so, the person 3knowingly 48 



[3R] ACS for A3540 CONAWAY, GREENWALD 

5 

 

or recklessly3 discloses a work of deceptive audio or visual media 1 
3
[that the person knows or reasonably should know was]3 created in 2 

violation of subsection b. of this section. 3 

 d.  In addition to any term of imprisonment imposed pursuant to 4 

N.J.S.2C:43-6 and notwithstanding the provisions of subsection b. of 5 

N.J.S.2C:43-3, a fine of up to $30,000 may be imposed for a violation 6 

of this section. 7 

 e. Notwithstanding the provisions of N.J.S.2C:1-8 or any other 8 

provisions of law: 9 

 (1)  a conviction arising under subsection b. of this section shall 10 

not merge with a conviction under subsection c. of this section, nor 11 

shall a conviction under subsection c. of this section merge with a 12 

conviction under subsection b. of this section; and 13 

 (2)  a conviction arising under subsection b. or paragraph (1) of 14 

subsection c. of this section shall not merge with a conviction of any 15 

underlying offense, nor shall any conviction for such underlying 16 

offense merge with a conviction under subsection b. of this section.  17 

The court shall impose 2
[separate] consecutive2 sentences upon a 18 

conviction under subsection b. or paragraph (1) of subsection c. of this 19 

section and a conviction of any underlying offense. 20 

 f. A 1natural1 person who violates the provisions of 21 

P.L.    , c.     (C.        ) (pending before the Legislature as this bill) shall 22 
3also3 be liable to the victim of the violation, and the victim may bring 23 

a civil action in the Superior Court.  The court may award: 24 

 (1)  actual damages, but not less than liquidated damages 25 

computed at the rate of $1,000 for each 3knowing or reckless3 26 

violation of P.L.    , c.     (C.        ) (pending before the Legislature as 27 

this bill); 28 

 (2)  punitive damages upon proof of willful 3
[or reckless]3 29 

disregard of the law; 30 

 (3)  reasonable attorney’s fees and other litigation costs reasonably 31 

incurred; and 32 

 (4)  other such preliminary and equitable relief as the court 33 

determines appropriate.   34 

 A conviction for a violation of P.L.    , c.     (C.        ) (pending 35 

before the Legislature as this bill) shall not be a prerequisite for a civil 36 

action brought pursuant to this subsection.  The civil action authorized 37 

by this subsection shall be in addition to, and not in lieu of, any other 38 

civil action, injunctive relief, or other remedy available at law, 39 

including, but not limited to, a civil action for common law 40 

defamation, libel, slander, invasion of privacy, false light, 41 

misappropriation of identity, intrusion of privacy, or public disclosure 42 

of private facts. 43 

 g. (1) 2[It shall be deemed a fair use and shall not be a violation 44 

of]2 P.L.    , c.     (C.        ) (pending before the Legislature as this bill) 45 
2
[if a work of deceptive audio or visual media1

[,] is1 clearly 46 

identified as a work of deceptive audio or visual media 1or, if the 47 

deceptive nature of the work is unknown or unverified, but is clearly 48 



[3R] ACS for A3540 CONAWAY, GREENWALD 

6 

 

identified as a possible work of deceptive audio or visual media1, is 1 

disclosed in connection with] shall not apply to content that 2 
3
[constitutes2

] a reasonable viewer or listener would understand to 3 

constitute3 criticism, comment, satire, parody, news reporting, 4 

teaching, scholarship, 3
[or]3 research 3, or to any content3 2

[, 5 

pursuant to 17 U.S.C. s.107] that a reasonable viewer or listener 6 

would not believe to authentically depict speech or conduct2. 7 

 (2)  P.L.    , c.     (C.        ) (pending before the Legislature as this 8 

bill) 1shall not apply to an interactive computer service provider, cloud 9 

services provider, or commercial developer or provider of artificial 10 

intelligence technology 2, where such developer or provider is not 11 

deemed to be a publisher, speaker, or information content provider 12 

pursuant to 47 U.S.C. s.2302, and1 shall not be construed to alter or 13 

negate any rights, obligations, or immunities of an interactive 14 

computer service provider 1or cloud services provider1 pursuant to 47 15 

U.S.C. s.2301
[, and shall not apply to a commercial developer or 16 

provider of artificial intelligence technology, provided that to the 17 

extent the provider or developer allows for the public dissemination of 18 

consumer generated media as that term is defined pursuant to 19 

paragraph (14) of 47 U.S.C. s.153, the provider or developer exercises 20 

commercially reasonable efforts to ensure that consumer generated 21 

media does not violate this section].1 22 

 (3)  P.L.    , c.     (C.        ) (pending before the Legislature as this 23 

bill) shall not apply to any broadcasting station, cable service, radio 24 

station, 3or3 telecommunications carrier, 3
[ or television station,]3 as 25 

those terms are defined pursuant to 47 U.S.C. s.153, or to any 26 
3television station,3 billboard, Internet website, mobile application, 27 

video streaming service, newspaper, magazine, publication, 2
[or]2 28 

printed matter 2, or other advertising channel or medium2 through 29 

which an advertisement containing deceptive audio or visual media 30 

appears 2, where the advertising channel or medium’s role in 31 

disclosing the advertisement is limited to the selling of advertising 32 

time or space, or where an advertising channel or medium is prohibited 33 

by federal law from censoring the advertisement regardless of its 34 

content2 1
[, when the owner, publisher, or operator of the advertising 35 

medium has no knowledge of the intent, design, or purpose of the 36 

advertiser]1. 37 

 (4)  This section shall not apply to any broadcasting station, 38 

including a cable or satellite television company, programmer, or 39 

producer, an Internet website, 2video streaming service,2 or a regularly 40 

published newspaper, magazine, or other periodical of general 41 

circulation, including an Internet or electronic publication, that 42 

routinely carries news and commentary of general interest, and that 43 

broadcasts or publishes any deceptive audio or visual media prohibited 44 

by this section 2solely2 for the purpose of disseminating newsworthy 45 

facts; provided that 2if the deceptive nature of the work is known or 46 



[3R] ACS for A3540 CONAWAY, GREENWALD 

7 

 

verified,2 the broadcast or publication shall clearly contain a 1 

disclaimer which is either shown or read aloud that identifies 2the 2 

work as a work of2 deceptive audio or visual media 2
[and states that 3 

the deceptive audio or visual media contains manipulated images or 4 

sound]2.  2
[

1If the deceptive nature of the work is unknown or 5 

unverified, the broadcast or publication shall clearly contain a 6 

disclaimer which is either shown or read aloud that identifies the work 7 

as a possible work of deceptive audio or visual media.1]2 8 

 (5) It shall not be a violation of this section to disclose any 9 

deceptive audio or visual media to law enforcement officers in 10 

connection with a criminal investigation or prosecution of a violation 11 

of this section1
[, or];1 pursuant to a subpoena or court order requiring 12 

the disclosure of a work of deceptive audio or visual media1; 3to a 13 

school administrator, attorney, family member, or other advocate for 14 

purposes of reporting conduct that may constitute a violation of this 15 

section;3 or in furtherance of an investigation concerning fraud, 16 

cybersecurity, identity theft, harassment, or a violation of a 17 

commercial computer network’s contractual terms of service1. 18 

 19 

 3
[2.] 3.3 This act shall take effect immediately. 20 



ASSEMBLY SCIENCE, INNOVATION AND TECHNOLOGY 

COMMITTEE 
 

STATEMENT TO  
 

ASSEMBLY, No. 3540  
 

with committee amendments 

 

STATE OF NEW JERSEY 
 

DATED:  MARCH 4, 2024 

 

 The Assembly Science, Innovation and Technology Committee 

reports favorably and with committee amendments Assembly Bill No. 

3540. 

 As amended and reported, this bill establishes criminal penalties 

for the production or dissemination of deceptive audio or visual media, 

commonly known as “deepfakes.”   

 As amended, the bill defines deceptive audio or visual media as 

“any video recording, motion picture film, sound recording, electronic 

image, photograph, any technological representation of speech or 

conduct substantially derivative thereof, or any forgery or facsimile of 

a document or writing, that appears to a reasonable person to 

realistically depict any speech, conduct, or writing of a person who did 

not in fact engage in the speech, conduct, or writing 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 third 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 that is used as 

part of a plan or course of conduct to commit any crime or offense 

including but not limited to certain crimes of offenses listed in the bill. 

 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.  As 

amended, the bill establishes an affirmative defense if the disclosed 

work is clearly identified as a work of deceptive audio or visual media, 

but such affirmative defense shall not apply where the disclosed work 

depicts nudity or pornography.  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 



2 

 

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 further 

provides that a final judgment rendered in favor of the State in any 

criminal proceeding prevents the person from denying the same 

conduct in any civil action brought under the bill. 

 The bill provides that it should not be construed to alter or negate 

any rights, obligations, or immunities of an interactive computer 

service provider under federal law.  The 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 agency broadcasts or 

publishes a work of deceptive audio or visual media that the news 

media or agency knows was created in violation of the bill, and fails to 

clearly identify the work as deceptive audio or visual media.  

 

COMMITTEE AMENDMENTS: 

 The committee amended the bill to: 

 (1) change the definition of “deceptive audio or visual media”;  

 (2) establish an affirmative defense to prosecution for unlawful 

disclosure of deceptive audio or visual media if the disclosed work is 

clearly identified as a work of deceptive audio or visual media, but 

such affirmative defense shall not apply where the disclosed work 

depicts nudity or pornography; 

 (3) provide that a person commits a crime of the third degree if, 

without license or privilege to do so, the person generates or creates, or 

causes to be generated or created, a work of deceptive audio or visual 

media used as part of a plan or course of conduct to commit any crime 

or offense including, but not limited to, certain crimes and offenses 

listed in the bill.  As introduced, the bill provides that a person 

commits a crime of the third degree, if without license or privilege to 

do so, the person generates or creates, or causes to be generated or 

created, a work of deceptive audio or visual media for an unlawful 

purpose and provides that a trier of fact may infer 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 certain offenses listed in the bill as introduced; and  

 (4) provide that a conviction arising under this bill will not merge 

with another conviction arising under this bill or with any of the 

underlying offenses outlined in this bill. 



ASSEMBLY JUDICIARY COMMITTEE 
 

STATEMENT TO  
 

ASSEMBLY COMMITTEE SUBSTITUTE FOR 

ASSEMBLY, No. 3540  
 

STATE OF NEW JERSEY 
 

DATED:  MAY 20, 2024 

 

 The Assembly Judiciary Committee reports favorably an Assembly 

Committee Substitute for Assembly Bill No. 3540. 

 This bill establishes criminal and civil penalties for the production 

or dissemination of deceptive audio or visual media, commonly known 

as “deepfakes.” 

 

PROHIBITIONS 

 The bill establishes a crime of the third degree if a natural person, 

without license or privilege to do so, generates or creates, or causes to 

be generated or created, deceptive audio or visual media with the 

intent that it be used as part of a plan or course of conduct to commit 

any crime, including but not limited to: 

 (1) a crime or offense under chapters 14 (sexual offenses), 16 (bias 

crimes), 20 (theft), 21 (forgery and fraud), 28 (perjury), or 29 

(obstruction of justice) of Title 2C of the New Jersey Statutes; 

 (2) advertising commercial sex abuse of a minor; 

 (3) endangering the welfare of children and child pornography; 

 (4) threats or improper influence in official and political matters; 

 (5) false public alarms; 

 (6) harassment; 

 (7) cyber-harassment; or 

 (8) hazing. 

 The trier of fact may infer that a work of deceptive audio or visual 

media was generated or created without license or privilege to do so if 

the work was generated or created using a commercially or publicly 

available generative artificial intelligence system in violation of the 

terms of service, terms of use, or end user license agreement of the 

system. 

 The bill also establishes a crime of the third degree if a natural 

person, without license or privilege to do so, solicits, uses, or discloses 

a work of deceptive audio or visual media as part of a plan or course of 

conduct to commit any crime. 

 The bill also establishes a crime of the third degree if a natural 

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 this bill. 



2 

 

CRIMINAL PENALTIES 

 A crime of the third degree is punishable by a three to five year 

term of imprisonment, a fine of up to $15,000, or both.  In addition, 

the bill imposes an additional fine of up to $30,000.  A conviction for a 

violation of this bill does not merge with a conviction for the 

underlying crime in which the deepfake is used. 

 

CIVIL REMEDIES 

 Under the bill, a person would be liable to the victim of a violation 

of the bill, who may bring a civil action in the Superior Court.  Victims 

are not limited to persons depicted in the deepfake, but includes any 

person who suffers personal, physical, or psychological injury or 

incurs loss of or injury to personal or real property as a result of the 

violation.  The bill further provides that a conviction is not 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. 

 

EXCEPTIONS 

 The bill contains certain free speech exceptions if a deepfake that 

is clearly identified as a work of deceptive audio or visual media is 

disclosed in connection with criticism, comment, satire, parody, news 

reporting, teaching, scholarship, or research.  Additionally, the bill 

does not apply to interactive computer service providers pursuant to 47 

U.S.C. s.230, such as websites or social media platforms, nor to 

developers or providers of artificial intelligence technology, provided 

that to the extent the developer provider allows for the public 

dissemination of consumer generated media, the developer or provider 

exercises commercially reasonable efforts to ensure that consumer 

generated media does not violate the bill.  The bill does not apply to 

television, cable, or radio stations, or other carriers of advertising, such 

as websites, billboards, newspapers, magazines, mobile apps, or 

streaming video platforms, through which an advertisement containing 

deceptive audio or visual media appears, when the owner, publisher, or 

operator of the advertising medium has no knowledge of the intent, 

design, or purpose of the advertiser.  Finally, the bill does not apply to 

broadcasters, websites, newspapers, or magazines that routinely carry 

news and commentary of general interest that broadcast or publish a 

deepfake, provided that it is done for the purpose of disseminating 

newsworthy facts and contains a disclaimer concerning the inaccurate 

nature of the deepfake. 

 



ASSEMBLY APPROPRIATIONS COMMITTEE 
 

STATEMENT TO  
 

ASSEMBLY COMMITTEE SUBSTITUTE FOR 

ASSEMBLY, No. 3540  
 

with committee amendments 

 

STATE OF NEW JERSEY 
 

DATED:  JUNE 24, 2024 

 

 The Assembly Appropriations Committee reports favorably and 

with committee amendments Assembly Bill No. 3540 ACS. 

 This bill establishes criminal and civil penalties for the production 

or dissemination of deceptive audio or visual media, commonly known 

as “deepfakes.”  As amended, the bill clarifies certain free speech 

exceptions applicable to interactive computer service providers, cloud 

services providers, commercial developers or providers of artificial 

intelligence technology, advertisers, the news media, and other media 

companies. 

 

Prohibitions 

 The bill establishes a crime of the third degree if a natural person, 

without license or privilege to do so, generates or creates, or causes to 

be generated or created, deceptive audio or visual media with the 

intent that it be used as part of a plan or course of conduct to commit 

any crime, including but not limited to: 

 (1) a crime or offense under chapters 14 (sexual offenses), 16 (bias 

crimes), 20 (theft), 21 (forgery and fraud), 28 (perjury), or 29 

(obstruction of justice) of Title 2C of the New Jersey Statutes; 

 (2) advertising commercial sex abuse of a minor; 

 (3) endangering the welfare of children and child pornography; 

 (4) threats or improper influence in official and political matters; 

 (5) false public alarms; 

 (6) harassment; 

 (7) cyber-harassment; or 

 (8) hazing. 

 The trier of fact may infer that a work of deceptive audio or visual 

media was generated or created without license or privilege to do so if 

the work was generated or created using a commercially or publicly 

available generative artificial intelligence system in violation of the 

terms of service, terms of use, or end user license agreement of the 

system. 

 The bill also establishes a crime of the third degree if a natural 

person, without license or privilege to do so, solicits, uses, or discloses 



2 

 

a work of deceptive audio or visual media as part of a plan or course of 

conduct to commit any crime. 

 The bill also establishes a crime of the third degree if a natural 

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 this bill. 

 

Criminal Penalties 

 A crime of the third degree is punishable by a three to five year 

term of imprisonment, a fine of up to $15,000, or both.  In addition, 

the bill imposes an additional fine of up to $30,000.  A conviction for a 

violation of this bill does not merge with a conviction for the 

underlying crime in which the deepfake is used. 

 

Civil Remedies 

 Under the bill, a person would be liable to the victim of a violation 

of the bill, who may bring a civil action in the Superior Court.  Victims 

are not limited to persons depicted in the deepfake, but includes any 

person who suffers personal, physical, or psychological injury or 

incurs loss of or injury to personal or real property as a result of the 

violation.  The bill further provides that a conviction is not 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. 

 

Exceptions 

 As amended, the bill contains certain free speech exceptions if a 

deepfake that is clearly identified as a work of deceptive audio or 

visual media or, if the deceptive nature of the work is unknown or 

unverified, clearly identified as a possible work of deceptive audio or 

visual media, is disclosed in connection with criticism, comment, 

satire, parody, news reporting, teaching, scholarship, or research.  

Additionally, the bill does not apply to interactive computer service 

providers, cloud services providers, or commercial developer or 

provider of artificial intelligence technology pursuant to 47 U.S.C. 

s.230.  The bill does not apply to television, cable, or radio stations, or 

other carriers of advertising, such as websites, billboards, newspapers, 

magazines, mobile apps, or streaming video platforms, through which 

an advertisement containing deceptive audio or visual media appears.  

The bill does not apply to broadcasters, websites, newspapers, or 

magazines that routinely carry news and commentary of general 

interest that broadcast or publish a deepfake, provided that it is done 

for the purpose of disseminating newsworthy facts and contains a 

disclaimer concerning the inaccurate nature of the deepfake.  If the 

deceptive nature of the work is unknown or unverified, the broadcast 

or publication is required to clearly contain a disclaimer which is 

either shown or read aloud that identifies the work as a possible work 



3 

 

of deceptive audio or visual media.  Finally, the bill does not apply to 

disclosures in connection with a law enforcement investigation or 

pursuant to court order, or in furtherance of an investigation 

concerning fraud, cybersecurity, identity theft, harassment, or a 

violation of a commercial computer network’s contractual terms of 

service. 

 

COMMITTEE AMENDMENTS: 

 The committee amended the bill to clarify that: 

 1. If the deceptive nature of the work is unknown or unverified, a 

person disclosing a possible deepfake is required to clearly identify the 

work as a possible work of deceptive audio or visual media in order to 

comply with the bill; 

 2. The bill will not apply to an interactive computer service 

provider, cloud services provider, or commercial developer or provider 

of artificial intelligence technology.   

 3. The bill no longer requires that an interactive computer service 

provider, cloud services provider, or commercial developer or provider 

of artificial intelligence technology exercise commercially reasonable 

efforts to ensure that consumer generated media does not violate the 

bill; 

 4. The bill will not apply to advertisers whether or not the 

advertiser has knowledge of the intent, design, or purpose of the 

advertiser; and 

 5. Disclosure of a deepfake can be allowed in connection with a 

law enforcement investigation, pursuant to a court order, or in 

furtherance of an investigation concerning fraud, cybersecurity, 

identity theft, harassment, or a violation of a commercial computer 

network’s contractual terms of service. 

 

FISCAL IMPACT: 

 Fiscal information for this bill is currently unavailable. 



ASSEMBLY BUDGET COMMITTEE 
 

STATEMENT TO  
 

[First Reprint] 

 

ASSEMBLY COMMITTEE SUBSTITUTE FOR 

ASSEMBLY, No. 3540  
 

with committee amendments 

 

STATE OF NEW JERSEY 
 

DATED:  JUNE 26, 2024 

 

 The Assembly Budget Committee reports favorably and with 

committee amendments Assembly Bill No. 3540 (1R) ACS. 

 This bill establishes criminal and civil penalties for the production 

or dissemination of deceptive audio or visual media, commonly known 

as “deepfakes.”  As amended, the bill clarifies certain free speech 

exceptions applicable to interactive computer service providers, cloud 

services providers, commercial developers or providers of artificial 

intelligence technology, advertisers, the news media, and other media 

companies. 

 

Prohibitions 

 The bill establishes a crime of the third degree if a natural person, 

without license or privilege to do so, generates or creates, or causes to 

be generated or created, deceptive audio or visual media with the 

intent that it be used as part of a plan or course of conduct to commit 

any crime, including but not limited to: 

 (1)  a crime or offense under chapters 14 (sexual offenses), 16 

(bias crimes), 20 (theft), 21 (forgery and fraud), 28 (perjury), or 29 

(obstruction of justice) of Title 2C of the New Jersey Statutes; 

 (2)  advertising commercial sex abuse of a minor; 

 (3)  endangering the welfare of children and child pornography; 

 (4)  threats or improper influence in official and political matters; 

 (5)  false public alarms; 

 (6)  harassment; 

 (7)  cyber-harassment; or 

 (8)  hazing. 

 The trier of fact may infer that a work of deceptive audio or visual 

media was generated or created without license or privilege to do so if 

the work was generated or created using a commercially or publicly 

available generative artificial intelligence system in violation of the 

terms of service, terms of use, or end user license agreement of the 

system. 



2 

 

 The bill also establishes a crime of the third degree if a natural 

person, without license or privilege to do so, solicits, uses, or discloses 

a work of deceptive audio or visual media as part of a plan or course of 

conduct to commit any crime. 

 The bill also establishes a crime of the third degree if a natural 

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 this bill. 

 

Criminal Penalties 

 A crime of the third degree is punishable by a three to five year 

term of imprisonment, a fine of up to $15,000, or both.  In addition, 

the bill imposes an additional fine of up to $30,000.  A conviction for a 

violation of this bill does not merge with a conviction for the 

underlying crime in which the deepfake is used. 

 

Civil Remedies 

 Under the bill, a person would be liable to the victim of a violation 

of the bill, who may bring a civil action in the Superior Court.  Victims 

are not limited to persons depicted in the deepfake, but includes any 

person who suffers personal, physical, or psychological injury or 

incurs loss of or injury to personal or real property as a result of the 

violation.  The bill further provides that a conviction is not 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. 

 

Exceptions 

 As amended, the bill contains certain free speech exceptions if a 

deepfake is disclosed in connection with criticism, comment, satire, 

parody, news reporting, teaching, scholarship, or research that a 

reasonable viewer or listener would not believe to authentically depict 

speech or conduct.  Additionally, the bill does not apply to interactive 

computer service providers, cloud services providers, or commercial 

developer or provider of artificial intelligence technology pursuant to 

47 U.S.C. s.230.  The bill does not apply to television, cable, or radio 

stations, or other carriers of advertising, such as websites, billboards, 

newspapers, magazines, mobile apps, or streaming video platforms 

through which an advertisement containing deceptive audio or visual 

media appears, where the advertising channel or medium’s role in 

disclosing the advertisement is limited to the selling of advertising 

time or space, or where an advertising channel or medium is prohibited 

by federal law from censoring the advertisement regardless of its 

content.  The bill does not apply to broadcasters, websites, 

newspapers, or magazines that routinely carry news and commentary 

of general interest that broadcast or publish a deepfake, provided that it 

is done solely for the purpose of disseminating newsworthy facts and 



3 

 

contains a disclaimer identifying the deepfake.  Finally, the bill does 

not apply to disclosures in connection with a law enforcement 

investigation or pursuant to court order, or in furtherance of an 

investigation concerning fraud, cybersecurity, identity theft, 

harassment, or a violation of a commercial computer network’s 

contractual terms of service. 

 

COMMITTEE AMENDMENTS: 

 The committee amended the bill to clarify that: 

 1.  A person who discloses a deepfake that the person knows or 

reasonably should know was created in violation of the bill commits a 

crime of the third degree, unless one of the free speech exception 

under subsection g. of the bill applies; 

 2.  A sentence for a conviction for a violation of the bill will run 

consecutively to a sentence for a conviction of the underlying crime 

pursuant to subsections b. and e. of the bill; 

 3.  The disclosure of a deepfake that constitutes criticism, 

comment, satire, parody, news reporting, teaching, scholarship, or 

research does not violate the bill where a reasonable viewer or listener 

would not believe the deepfake to authentically depict speech or 

conduct; 

 4.  The bill does not apply to television, cable, or radio stations, or 

other carriers of advertising, such as websites, billboards, newspapers, 

magazines, mobile apps, or streaming video platforms, through which 

an advertisement containing deceptive audio or visual media appears, 

where the advertising channel or medium’s role in disclosing the 

advertisement is limited to the selling of advertising time or space, or 

where an advertising channel or medium is prohibited by federal law 

from censoring the advertisement regardless of its content; and 

 5.  The bill does not apply to broadcasters, websites, newspapers, 

or magazines that routinely carry news and commentary of general 

interest that broadcast or publish a deepfake, provided that it is done 

solely for the purpose of disseminating newsworthy facts and contains 

a disclaimer identifying the deepfake. 

 

FISCAL IMPACT: 

Fiscal information for this bill is currently unavailable. 



   
Office of Legislative Services 

State House Annex 

P.O. Box 068 

Trenton, New Jersey  08625 

 Legislative Budget and Finance Office 

Phone (609) 847-3105 

Fax (609) 777-2442 

www.njleg.state.nj.us 

 

 

LEGISLATIVE FISCAL ESTIMATE 

ASSEMBLY COMMITTEE SUBSTITUTE FOR 

ASSEMBLY, No. 3540 

STATE OF NEW JERSEY 
221st LEGISLATURE 

 

DATED: JUNE 25, 2024 

 

 

SUMMARY 

 

Synopsis: Establishes criminal penalties for production or dissemination of 

deceptive audio or visual media, commonly known as “deepfakes.” 

Type of Impact: Annual State expenditure and revenue increases.  

Agencies Affected: The Judiciary; Department of Corrections; Department of Law and 

Public Safety; Office of the Public Defender; State Parole Board. 

 

 

Office of Legislative Services Estimate 

Fiscal Impact Annual 

State Cost Increase Indeterminate 

State Revenue Increase Indeterminate 

 
 

 

 The Office of Legislative Services (OLS) estimates that this bill may result in indeterminate 

annual State cost and revenue increases.  

 The bill’s establishment of criminal penalties may result in the Department of Law and Public 

Safety prosecuting additional cases; the Judiciary adjudicating additional cases; the Office of 

the Public Defender representing additional indigent criminal offenders; the Department of 

Corrections housing repeat offenders convicted under the bill; and the State Parole Board 

supervising the return to society of any additional incarcerated persons.  The OLS cannot 

quantify the exact fiscal impact since the number of cases, convictions, and any terms of 

imprisonment resulting from the bill’s provisions cannot be known.   

 The State may realize an indeterminate increase in annual revenues from the collection of 

regular and enhanced fines and court fees.  However, the State’s ability to collect these 

penalties and fees has historically been limited.  

 

 



FE to ACS for A3540 

2 

 

BILL DESCRIPTION 

 

This bill establishes criminal and civil penalties for the production or dissemination of 

deceptive audio or visual media, commonly known as “deepfakes.” 

 The bill establishes a crime of the third degree if a natural person, without license or privilege 

to do so, generates or creates, or causes to be generated or created, deceptive audio or visual media 

with the intent that it be used as part of a plan or course of conduct to commit any crime, including 

but not limited to:  

 (1) a crime or offense under chapters 14 (sexual offenses), 16 (bias crimes), 20 (theft), 21 

(forgery and fraud), 28 (perjury), or 29 (obstruction of justice) of Title 2C of the New Jersey 

Statutes; 

 (2) advertising commercial sex abuse of a minor; 

 (3) endangering the welfare of children and child pornography; 

 (4) threats or improper influence in official and political matters; 

 (5) false public alarms; 

 (6) harassment; 

 (7) cyber-harassment; or 

 (8) hazing. 

 The bill also establishes a crime of the third degree if a natural person, without license or 

privilege to do so, solicits, uses, or discloses a work of deceptive audio or visual media as part of 

a plan or course of conduct to commit any crime. 

 The bill also establishes a crime of the third degree if a natural 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 this bill. 

 A crime of the third degree is punishable by a three to five year term of imprisonment, a fine 

of up to $15,000, or both.  In addition, the bill imposes an additional fine of up to $30,000.  A 

conviction for a violation of this bill does not merge with a conviction for the underlying crime in 

which the deepfake is used. 

 Under the bill, a person would be liable to the victim of a violation of the bill, who may bring 

a civil action in the Superior Court.  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. 

 

 

FISCAL ANALYSIS 

 

EXECUTIVE BRANCH 

 

None received. 

 

OFFICE OF LEGISLATIVE SERVICES 

 

 The OLS estimates that this bill may result in indeterminate annual State cost and revenue 

increases.   

 The bill’s establishment of criminal penalties may result in the Department of Law and Public 

Safety prosecuting additional cases; the Judiciary adjudicating additional cases; the Office of the 

Public Defender representing additional indigent criminal offenders; the Department of 

Corrections housing repeat offenders convicted under the bill; and the State Parole Board 

supervising the return to society of any additional incarcerated persons.  The OLS cannot quantify 



FE to ACS for A3540 

3 

 

the exact fiscal impact since the number of cases, convictions, and any terms of imprisonment 

resulting from the bill’s provisions cannot be known. 

 The OLS notes that since a presumption of non-incarceration generally applies for first-time 

offenders of crimes of the third degree, the Department of Corrections and the State Parole Board 

may not necessarily experience an increase in costs for offenders convicted under the bill’s 

provisions. 

 The bill establishes crimes of the third degree for certain deceptive audio or visual media 

crimes.  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.  The State may realize an indeterminate increase in annual revenues from 

the collection of regular and enhanced fines and court fees; however, the State’s ability to collect 

these penalties and fees has historically been limited. 

 

 

Section: Judiciary 

Analyst: Anuja Pande Joshi 

Senior Fiscal Analyst 

Approved: Thomas Koenig 

Legislative Budget and Finance Officer 

 

 

This legislative fiscal estimate has been produced by the Office of Legislative Services due to the 

failure of the Executive Branch to respond to our request for a fiscal note. 

 

This fiscal estimate has been prepared pursuant to P.L.1980, c.67 (C.52:13B-6 et seq.). 



   
Office of Legislative Services 

State House Annex 

P.O. Box 068 

Trenton, New Jersey  08625 

 Legislative Budget and Finance Office 

Phone (609) 847-3105 

Fax (609) 777-2442 

www.njleg.state.nj.us 

 

 

LEGISLATIVE FISCAL ESTIMATE 

[First Reprint] 

ASSEMBLY COMMITTEE SUBSTITUTE FOR 

ASSEMBLY, No. 3540 

STATE OF NEW JERSEY 
221st LEGISLATURE 

 

DATED: JUNE 28, 2024 

 

 

SUMMARY 

 

Synopsis: Establishes criminal penalties for production or dissemination of 

deceptive audio or visual media, commonly known as “deepfakes.” 

Type of Impact: Annual State expenditure and revenue increases.  

Agencies Affected: The Judiciary; Department of Law and Public Safety; Office of the 

Public Defender. 

 

 

Office of Legislative Services Estimate 

Fiscal Impact Annual 

State Cost Increase Indeterminate 

State Revenue Increase Indeterminate 

 
 

 The Office of Legislative Services (OLS) estimates that this bill may result in indeterminate 

annual State cost and revenue increases.  

 The bill’s establishment of criminal penalties may result in the Department of Law and Public 

Safety prosecuting additional cases; the Judiciary adjudicating additional cases; and the Office 

of the Public Defender representing additional indigent defendants.  The OLS cannot quantify 

the exact fiscal impact since the number of cases and convictions resulting from the bill’s 

provisions cannot be known.   

 The State may realize an indeterminate increase in annual revenues from the collection of 

regular and enhanced fines and court fees.  However, the State’s ability to collect these 

penalties and fees has historically been limited. 

  



FE to [1R] ACS for A3540 

2 

 

BILL DESCRIPTION 

 

This bill establishes criminal and civil penalties for the production or dissemination of 

deceptive audio or visual media, commonly known as “deepfakes.” 

 The bill establishes a crime of the third degree if a natural person, without license or privilege 

to do so, generates or creates, or causes to be generated or created, deceptive audio or visual media 

with the intent that it be used as part of a plan or course of conduct to commit any crime, including 

but not limited to:  

 (1) a crime or offense under chapters 14 (sexual offenses), 16 (bias crimes), 20 (theft), 21 

(forgery and fraud), 28 (perjury), or 29 (obstruction of justice) of Title 2C of the New Jersey 

Statutes; 

 (2) advertising commercial sex abuse of a minor; 

 (3) endangering the welfare of children and child pornography; 

 (4) threats or improper influence in official and political matters; 

 (5) false public alarms; 

 (6) harassment; 

 (7) cyber-harassment; or 

 (8) hazing. 

 The bill also establishes a crime of the third degree if a natural person, without license or 

privilege to do so, solicits, uses, or discloses a work of deceptive audio or visual media as part of 

a plan or course of conduct to commit any crime. 

 The bill also establishes a crime of the third degree if a natural 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 this bill. 

 A crime of the third degree is punishable by a three to five year term of imprisonment, a fine 

of up to $15,000, or both.  In addition, the bill imposes an additional fine of up to $30,000.  A 

conviction for a violation of this bill does not merge with a conviction for the underlying crime in 

which the deepfake is used. 

 Under the bill, a person would be liable to the victim of a violation of the bill, who may bring 

a civil action in the Superior Court.  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. 

 

 

FISCAL ANALYSIS 

 

EXECUTIVE BRANCH 

 

 None received. 

 

OFFICE OF LEGISLATIVE SERVICES 

 

 The OLS estimates that this bill may result in indeterminate annual State cost and revenue 

increases.   

 The bill’s establishment of criminal penalties may result in the Department of Law and Public 

Safety prosecuting additional cases; the Judiciary adjudicating additional cases; and the Office of 

the Public Defender representing additional indigent defendants.  The OLS cannot quantify the 

exact fiscal impact since the number of cases and convictions resulting from the bill’s provisions 

cannot be known.  Generally, a presumption of non-incarceration applies for first time offenders 



FE to [1R] ACS for A3540 

3 

 

of crimes of the third degree, and therefore no costs are anticipated for the Department of 

Corrections or the State Parole Board. 

 The bill establishes crimes of the third degree for certain deceptive audio or visual media 

crimes.  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.  The State may realize an indeterminate increase in annual revenues from 

the collection of regular and enhanced fines and court fees; however, the State’s ability to collect 

these penalties and fees has historically been limited. 

 

Section: Judiciary 

Analyst: William Lim 

Deputy Counsel 

Approved: Thomas Koenig 

Legislative Budget and Finance Officer 

 

This legislative fiscal estimate has been produced by the Office of Legislative Services due to the 

failure of the Executive Branch to respond to our request for a fiscal note. 

 

This fiscal estimate has been prepared pursuant to P.L.1980, c.67 (C.52:13B-6 et seq.). 



   
Office of Legislative Services 

State House Annex 

P.O. Box 068 

Trenton, New Jersey  08625 

 Legislative Budget and Finance Office 

Phone (609) 847-3105 

Fax (609) 777-2442 

www.njleg.state.nj.us 

 

 

LEGISLATIVE FISCAL ESTIMATE 

[Second Reprint] 

ASSEMBLY COMMITTEE SUBSTITUTE FOR 

ASSEMBLY, No. 3540 

STATE OF NEW JERSEY 
221st LEGISLATURE 

 

DATED: JULY 2, 2024 

 

 

SUMMARY 

 

Synopsis: Establishes criminal penalties for production or dissemination of 

deceptive audio or visual media, commonly known as “deepfakes.” 

Type of Impact: Annual State expenditure and revenue increases.  

Agencies Affected: The Judiciary; Department of Law and Public Safety; Office of the 

Public Defender. 

 

 

Office of Legislative Services Estimate 

Fiscal Impact Annual 

State Cost Increase Indeterminate 

State Revenue Increase Indeterminate 

 
 

 The Office of Legislative Services (OLS) estimates that this bill may result in indeterminate 

annual State cost and revenue increases. 

 

 The bill’s establishment of criminal penalties may result in the Department of Law and Public 

Safety prosecuting additional cases; the Judiciary adjudicating additional cases; and the Office 

of the Public Defender representing additional indigent defendants.  The OLS cannot quantify 

the exact fiscal impact since the number of cases and convictions resulting from the bill’s 

provisions cannot be known. 

 

 The State may realize an indeterminate increase in annual revenues from the collection of 

regular and enhanced fines and court fees.  However, the State’s ability to collect these 

penalties and fees has historically been limited. 

 

BILL DESCRIPTION 

 

This bill establishes criminal and civil penalties for the production or dissemination of 

deceptive audio or visual media, commonly known as “deepfakes.” 



FE to [2R] ACS for A3540 

2 

 

 The bill establishes a crime of the third degree if a natural person, without license or privilege 

to do so, generates or creates, or causes to be generated or created, deceptive audio or visual media 

with the intent that it be used as part of a plan or course of conduct to commit any crime, including 

but not limited to:  

 (1)  a crime or offense under chapters 14 (sexual offenses), 16 (bias crimes), 20 (theft), 21 

(forgery and fraud), 28 (perjury), or 29 (obstruction of justice) of Title 2C of the New Jersey 

Statutes; 

 (2)  advertising commercial sex abuse of a minor; 

 (3)  endangering the welfare of children and child pornography; 

 (4)  threats or improper influence in official and political matters; 

 (5)  false public alarms; 

 (6)  harassment; 

 (7)  cyber-harassment; or 

 (8)  hazing. 

 The bill also establishes a crime of the third degree if a natural person, without license or 

privilege to do so, solicits, uses, or discloses a work of deceptive audio or visual media as part of 

a plan or course of conduct to commit any crime. 

 The bill also establishes a crime of the third degree if a natural 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 this bill. 

 A crime of the third degree is punishable by a three to five year term of imprisonment, a fine 

of up to $15,000, or both.  In addition, the bill imposes an additional fine of up to $30,000.  A 

conviction for a violation of this bill does not merge with a conviction for the underlying crime in 

which the deepfake is used. 

 Under the bill, a person would be liable to the victim of a violation of the bill, who may bring 

a civil action in the Superior Court.  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. 

 

FISCAL ANALYSIS 

 

EXECUTIVE BRANCH 

 

 None received. 

 

OFFICE OF LEGISLATIVE SERVICES 

 

 The OLS estimates that this bill may result in indeterminate annual State cost and revenue 

increases.   

 The bill’s establishment of criminal penalties may result in the Department of Law and Public 

Safety prosecuting additional cases; the Judiciary adjudicating additional cases; and the Office of 

the Public Defender representing additional indigent defendants.  The OLS cannot quantify the 

exact fiscal impact since the number of cases and convictions resulting from the bill’s provisions 

cannot be known.  Generally, a presumption of non-incarceration applies for first time offenders 

of crimes of the third degree, and therefore no costs are anticipated for the Department of 

Corrections or the State Parole Board. 

 The bill establishes crimes of the third degree for certain deceptive audio or visual media 

crimes.  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.  The State may realize an indeterminate increase in annual revenues from 



FE to [2R] ACS for A3540 

3 

 

the collection of regular and enhanced fines and court fees; however, the State’s ability to collect 

these penalties and fees has historically been limited. 

 

 

Section: Judiciary 

Analyst: William Lim 

Deputy Counsel 

Approved: Thomas Koenig 

Legislative Budget and Finance Officer 

 

 

This legislative fiscal estimate has been produced by the Office of Legislative Services due to the 

failure of the Executive Branch to respond to our request for a fiscal note. 

 

This fiscal estimate has been prepared pursuant to P.L.1980, c.67 (C.52:13B-6 et seq.). 



  

(Sponsorship Updated As Of: 3/7/2024) 

SENATE, No. 2544  

STATE OF NEW JERSEY 
221st LEGISLATURE 

   
INTRODUCED FEBRUARY 8, 2024 

 

 

Sponsored by: 

Senator  PAUL D. MORIARTY 

District 4 (Atlantic, Camden and Gloucester) 

Senator  KRISTIN M. CORRADO 

District 40 (Bergen, Essex and Passaic) 

 

Co-Sponsored by: 

Senator Bramnick 

 

 

 

 

SYNOPSIS 

 Establishes criminal penalties for production or dissemination of deceptive 

audio or visual media, commonly known as “deepfakes.”  

 

CURRENT VERSION OF TEXT  

 As introduced. 

    



 

S2544 MORIARTY, CORRADO 

2 

 

 

AN ACT establishing criminal penalties for the production and 1 

dissemination of deceptive audio or visual media and 2 

supplementing Title 2C of the New Jersey Statutes. 3 

 4 

 BE IT ENACTED by the Senate and General Assembly of the State 5 

of New Jersey: 6 

 7 

 1.  a.  As used in P.L.    , c.     (C.        ) (pending before the 8 

Legislature as this bill): 9 

 “Deceptive audio or visual media” means any video recording, 10 

motion picture film, sound recording, electronic image, photograph, 11 

or any technological representation of speech or conduct 12 

substantially derivative thereof that appears to authentically depict 13 

any speech or conduct of a person who did not in fact engage in the 14 

speech or conduct and the production of which was substantially 15 

dependent upon technical means, rather than the ability of another 16 

person to physically or verbally impersonate the person. 17 

 “Disclose” means to sell, manufacture, give, provide, lend, trade, 18 

mail, deliver, transfer, publish, distribute, circulate, disseminate, 19 

present, exhibit, advertise, offer, share, or make available via the 20 

Internet or by any other means, whether for pecuniary gain or not.  21 

 b. A person commits a crime of the third degree if, without 22 

license or privilege to do so, the person generates or creates, or causes 23 

to be generated or created, a work of deceptive audio or visual media 24 

for an unlawful purpose.  25 

 The trier of fact may infer that the deceptive audio or visual media 26 

was generated or created for an unlawful purpose if the work is 27 

subsequently used as part of a plan or course of conduct to commit 28 

one or more of the following offenses: 29 

 (1) harassment, pursuant to N.J.S.2C:33-4;  30 

 (2) cyber harassment, pursuant to section 1 of P.L.2013, c.272 31 

(C.2C:33-4.1); 32 

 (3) theft by deception, pursuant to N.J.S.2C:20-4; 33 

 (4) theft by extortion, pursuant to N.J.S.2C:20-5;  34 

 (5) false incrimination or reports, pursuant to N.J.S.2C:28-4; or 35 

 (6) invasion of privacy, pursuant to section 1 of P.L.2003, c.206 36 

(C.2C:14-9).  37 

 c.  A person commits a crime of the third degree if, without license 38 

or privilege to do so, the person discloses a work of deceptive audio 39 

or visual media that the person knows or reasonably should know was 40 

created in violation of subsection b. of this section without clearly 41 

identifying it as a work of deceptive audio or visual media.  42 

 In addition to any term of imprisonment imposed pursuant to 43 

N.J.S.2C:43-6 and notwithstanding the provisions of subsection b. of 44 

N.J.S.2C:43-3, a fine of up to $30,000 may be imposed for a violation 45 

of this subsection. 46 

 d.  A person who violates the provisions of P.L.    , c.     (C.        ) 47 

(pending before the Legislature as this bill) shall be liable to the 48 



 

S2544 MORIARTY, CORRADO 

3 

 

 

individual depicted in the deceptive audio or visual media, who may 1 

bring a civil action in the Superior Court.  The court may award: 2 

 (1) actual damages, but not less than liquidated damages computed 3 

at the rate of $1,000 for each violation of P.L.    , c.     4 

(C.        ) (pending before the Legislature as this bill); 5 

 (2) punitive damages upon proof of willful or reckless disregard 6 

of the law; 7 

 (3) reasonable attorney's fees and other litigation costs reasonably 8 

incurred; and 9 

 (4) such other preliminary and equitable relief as the court 10 

determines appropriate.   11 

 A conviction for a violation of P.L.    , c.     (C.        ) (pending 12 

before the Legislature as this bill) shall not be a prerequisite for a 13 

civil action brought pursuant to this subsection.  The civil action 14 

authorized by this subsection shall be in addition to, and not in lieu 15 

of, any other civil action, injunctive relief, or other remedy available 16 

at law, including, but not limited to, a civil action for common law 17 

defamation, libel, slander, invasion of privacy, false light, 18 

misappropriation of identity, intrusion of privacy, or public 19 

disclosure of private facts. 20 

 e.  A final judgment rendered in favor of the State in any criminal 21 

proceeding shall estop the person from denying the same conduct in 22 

any civil action brought pursuant to this section. 23 

 f. (1)  This section shall not be construed to alter or negate any 24 

rights, obligations, or immunities of an interactive computer service 25 

provider pursuant to 47 U.S.C. s.230. 26 

 (2) Criminal and civil penalties imposed pursuant to this section 27 

shall not apply to the news media or a news agency, as those terms 28 

are defined in section 2 of P.L.1977, c.253 (C.2A:84A-21a), unless 29 

the news media or news agency broadcasts or publishes a work of 30 

deceptive audio or visual media, created in violation of this section, 31 

that the news media or news agency knows was created in violation 32 

of this section and fails to clearly identify the work as deceptive audio 33 

or visual media. 34 

 35 

 2. This act shall take effect immediately.  36 

 37 

 38 

STATEMENT 39 

 40 

 This bill establishes criminal penalties for production or 41 

dissemination of deceptive audio or visual media, commonly known 42 

as “deepfakes.”   43 

 The bill defines deceptive audio or visual media as “any video 44 

recording, motion picture film, sound recording, electronic image, 45 

photograph, or any technological representation of speech or conduct 46 

substantially derivative thereof that appears to authentically depict 47 

any speech or conduct of a person who did not in fact engage in the 48 



 

S2544 MORIARTY, CORRADO 

4 

 

 

speech or conduct and the production of which was substantially 1 

dependent upon technical means, rather than the ability of another 2 

person to physically or verbally impersonate the person.” 3 

 The bill establishes a crime of the third degree if a person, without 4 

license or privilege to do so, generates or creates, or causes to be 5 

generated or created, deceptive audio or visual media for an unlawful 6 

purpose. The bill provides that the trier of fact may infer that the 7 

deceptive audio or visual media was generated or created for an 8 

unlawful purpose if the work is subsequently used as part of a plan 9 

or course of conduct to commit one or more of the following:  10 

 (1) harassment;  11 

 (2) cyber harassment;  12 

 (3) theft by deception;  13 

 (4) theft by extortion;  14 

 (5) false incrimination or reports; or  15 

 (6)invasion of privacy.   16 

 The bill also establishes a crime of the third degree if a person, 17 

without license or privilege to do so, discloses a work of deceptive 18 

audio or visual media that the person knows or should reasonably 19 

know was created in violation of the provisions of this bill without 20 

clearly identifying it as a work of deceptive audio or visual media.  A 21 

crime of the third degree is ordinarily punishable by a term of three 22 

to five years imprisonment, a fine of up to $15,000, or both.  23 

However, the bill provides that a court may impose a fine of up to 24 

$30,000.  25 

 Under the bill, a person would be liable to the individual depicted 26 

in the deceptive audio or visual media, who may bring a civil action 27 

in the Superior Court. The bill further provides that a conviction is 28 

not to be a prerequisite for a civil action.  The civil action authorized 29 

by this bill is to be in addition to, and not in lieu of any other civil 30 

action, injunctive relief, or other remedy available at law. The bill 31 

further provides that a final judgment rendered in favor of the State 32 

in any criminal proceeding prevents the person from denying the 33 

same conduct in any civil action brought under the bill. 34 

 The bill provides that it should not be construed to alter or negate any 35 

rights, obligations, or immunities of an interactive computer service 36 

provider pursuant to 47 U.S.C. s.230.  The bill also provides that 37 

criminal and civil penalties imposed pursuant to the bill only apply to 38 

the news media or a news agency if the news media or agency 39 

broadcasts or publishes a work of deceptive audio or visual media that 40 

the news media or agency knows was created in violation of the bill, 41 

and fails to clearly identify the work as deceptive audio or visual media.  42 



  

(Sponsorship Updated As Of: 6/3/2024) 

[First Reprint] 

SENATE, No. 2544  

STATE OF NEW JERSEY 
221st LEGISLATURE 

   
INTRODUCED FEBRUARY 8, 2024 

 

 

Sponsored by: 

Senator  PAUL D. MORIARTY 

District 4 (Atlantic, Camden and Gloucester) 

Senator  KRISTIN M. CORRADO 

District 40 (Bergen, Essex and Passaic) 

 

Co-Sponsored by: 

Senators Bramnick, Turner and Scutari 

 

 

 

 

SYNOPSIS 

 Establishes criminal penalties for production or dissemination of deceptive 

audio or visual media, commonly known as “deepfakes.”  

 

CURRENT VERSION OF TEXT  

 As reported by the Senate Law and Public Safety Committee on March 7, 

2024, with amendments. 

    



 

S2544 [1R] MORIARTY, CORRADO 

2 

 

 EXPLANATION – Matter enclosed in bold-faced brackets [thus] in the above bill is 

not enacted and is intended to be omitted in the law. 

 

 Matter underlined thus is new matter. 

 Matter enclosed in superscript numerals has been adopted as follows: 

 1Senate SLP committee amendments adopted March 7, 2024. 

 

AN ACT establishing criminal penalties for the production and 1 

dissemination of deceptive audio or visual media and 2 

supplementing Title 2C of the New Jersey Statutes. 3 

 4 

 BE IT ENACTED by the Senate and General Assembly of the State 5 

of New Jersey: 6 

 7 

 1.  a.  As used in P.L.    , c.    (C.        ) (pending before the 8 

Legislature as this bill): 9 

 “Deceptive audio or visual media” means any video recording, 10 

motion picture film, sound recording, electronic image, photograph, 11 
1
[or]1 any technological representation of speech or conduct 12 

substantially derivative thereof 1, or any forgery or facsimile of a 13 

document or writing,1 that appears to 1
[authentically] a reasonable 14 

person to realistically1 depict any speech 1
[or] ,1 conduct 1, or 15 

writing1 of a person who did not in fact engage in the speech 16 
1
[or] ,1 conduct 1, or writing1 and the production of which was 17 

substantially dependent upon technical means, rather than the 18 

ability of another person to physically or verbally impersonate the 19 

person. 20 

 “Disclose” means to sell, manufacture, give, provide, lend, trade, 21 

mail, deliver, transfer, publish, distribute, circulate, disseminate, 22 

present, exhibit, advertise, offer, share, or make available via the 23 

Internet or by any other means, whether for pecuniary gain or not.  24 

 b. A person commits a crime of the third degree if, without 25 

license or privilege to do so, the person generates or creates, or 26 

causes to be generated or created, a work of deceptive audio or 27 

visual media 1[for an unlawful purpose.  28 

 The trier of fact may infer that the deceptive audio or visual 29 

media was generated or created for an unlawful purpose if the 30 

work] that1 is 1
[subsequently]1 used as part of a plan or course of 31 

conduct to commit 1[one or more of the following offenses: 32 

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

 (2) cyber harassment, pursuant to section 1 of P.L.2013, c.272 34 

(C.2C:33-4.1); 35 

 (3) theft by deception, pursuant to N.J.S.2C:20-4; 36 

 (4) theft by extortion, pursuant to N.J.S.2C:20-5;  37 

 (5) false incrimination or reports, pursuant to N.J.S.2C:28-4; or 38 

 (6) invasion of privacy, pursuant to section 1 of P.L.2003, c.206 39 

(C.2C:14-9)] any crime or offense including but not limited to: 40 

 (1) a crime or offense under chapters 14, 16, 20, 21, or 28 of 41 

Title 2C of the New Jersey Statutes; 42 

 (2) advertising commercial sex abuse of a minor, pursuant to 43 

section 12 of P.L.2013, c.51 (C.2C:13-10); 44 



 

S2544 [1R] MORIARTY, CORRADO 

3 

 

 

 (3) endangering the welfare of children, pursuant to  1 

N.J.S.2C:24-4; 2 

 (4) threats or improper influence in official and political matters, 3 

pursuant to N.J.S.2C:27-3; 4 

 (5) false public alarms, pursuant to N.J.S.2C:33-3; 5 

 (6) harassment, pursuant to N.J.S.2C:33-4 et seq.; or 6 

 (7) hazing, pursuant to section 1 of P.L.1980, c.169  7 

(C.2C:40-3)1. 8 

 c.  A person commits a crime of the third degree if, without 9 

license or privilege to do so, the person discloses a work of 10 

deceptive audio or visual media that the person knows or reasonably 11 

should know was created in violation of subsection b. of this section 12 
1
[without] .   13 

 It is an affirmative defense to prosecution under this subsection 14 

if the disclosed work is1 clearly 1
[identifying it] identified1 as a 15 

work of deceptive audio or visual media.  1This affirmative defense 16 

shall not apply where the disclosed work depicts less than 17 

completely and opaquely covered intimate parts, sexual penetration, 18 

or sexual contact, as those terms are defined in N.J.S.2C:14-1.1 19 

 In addition to any term of imprisonment imposed pursuant to 20 

N.J.S.2C:43-6 and notwithstanding the provisions of subsection b. 21 

of N.J.S.2C:43-3, a fine of up to $30,000 may be imposed for a 22 

violation of this subsection. 23 

 d. A person who violates the provisions of 24 

P.L.    , c.     (C.        ) (pending before the Legislature as this bill) 25 

shall be liable to the individual depicted in the deceptive audio or 26 

visual media, who may bring a civil action in the Superior Court.  27 

The court may award: 28 

 (1) actual damages, but not less than liquidated damages 29 

computed at the rate of $1,000 for each violation of P.L.    ,  30 

c.     (C.        ) (pending before the Legislature as this bill); 31 

 (2) punitive damages upon proof of willful or reckless disregard 32 

of the law; 33 

 (3) reasonable attorney’s fees and other litigation costs 34 

reasonably incurred; and 35 

 (4) such other preliminary and equitable relief as the court 36 

determines appropriate.   37 

 A conviction for a violation of P.L.    , c.     (C.        ) (pending 38 

before the Legislature as this bill) shall not be a prerequisite for a 39 

civil action brought pursuant to this subsection.  The civil action 40 

authorized by this subsection shall be in addition to, and not in lieu 41 

of, any other civil action, injunctive relief, or other remedy 42 

available at law, including, but not limited to, a civil action for 43 

common law defamation, libel, slander, invasion of privacy, false 44 

light, misappropriation of identity, intrusion of privacy, or public 45 

disclosure of private facts. 46 



 

S2544 [1R] MORIARTY, CORRADO 

4 

 

 

 e.  A final judgment rendered in favor of the State in any 1 

criminal proceeding shall estop the person from denying the same 2 

conduct in any civil action brought pursuant to this section. 3 

 f. (1) This section shall not be construed to alter or negate any 4 

rights, obligations, or immunities of an interactive computer service 5 

provider pursuant to 47 U.S.C. s.230. 6 

 (2) Criminal and civil penalties imposed pursuant to this section 7 

shall not apply to the news media or a news agency, as those terms 8 

are defined in section 2 of P.L.1977, c.253 (C.2A:84A-21a), unless 9 

the news media or news agency broadcasts or publishes a work of 10 

deceptive audio or visual media, created in violation of this section, 11 

that the news media or news agency knows was created in violation 12 

of this section and fails to clearly identify the work as deceptive 13 

audio or visual media. 14 

 1g. Notwithstanding the provisions of N.J.S.2C:1-8 or any other 15 

provisions of law: 16 

 (1) a conviction arising under subsection b. of this section shall 17 

not merge with a conviction under subsection c. of this section, nor 18 

shall a conviction under subsection c. of this section merge with a 19 

conviction under subsection b. of this section; and 20 

 (2) a conviction arising under subsection b. of this section shall 21 

not merge with a conviction of any of the underlying offenses 22 

referred to in subsection b. of this section, nor shall any conviction 23 

for such underlying offense merge with a conviction under 24 

subsection b. of this section.  The court shall impose separate 25 

sentences upon a conviction under subsection b. of this section and 26 

a conviction of any underlying offense.1 27 

 28 

 2. This act shall take effect immediately.  29 



 

(Sponsorship Updated As Of: 9/30/2024) 

 

SENATE COMMITTEE SUBSTITUTE FOR 

SENATE, No. 2544 
 

STATE OF NEW JERSEY 
221st LEGISLATURE 

  

ADOPTED JUNE 24, 2024 

 

 

Sponsored by: 

Senator  PAUL D. MORIARTY 

District 4 (Atlantic, Camden and Gloucester) 

Senator  KRISTIN M. CORRADO 

District 40 (Bergen, Essex and Passaic) 

 

Co-Sponsored by: 

Senators Bramnick, Turner, Scutari and Amato 

 

 

 

 

SYNOPSIS 

 Establishes criminal penalties for production or dissemination of deceptive 

audio or visual media, commonly known as “deepfakes.”  

 

CURRENT VERSION OF TEXT  

 Substitute as adopted by the Senate Budget and Appropriations Committee. 

    

 

 



 

SCS for S2544 MORIARTY, CORRADO 

2 

 

 

AN ACT establishing criminal penalties for the production and 1 

dissemination of deceptive audio or visual media and 2 

supplementing Title 2C of the New Jersey Statutes. 3 

 4 

 BE IT ENACTED by the Senate and General Assembly of the State 5 

of New Jersey: 6 

 7 

 1.  a.  As used in P.L.    , c.     (C.        ) (pending before the 8 

Legislature as this bill): 9 

 “Deceptive audio or visual media” means any video recording, 10 

motion picture film, sound recording, electronic image, photograph, 11 

any technological representation of speech or conduct substantially 12 

derivative thereof, or any forgery or facsimile of a document or 13 

writing, that appears to a reasonable person to realistically depict 14 

any speech, conduct, or writing of a person who did not in fact 15 

engage in the speech, conduct, or writing, and the production of 16 

which was substantially dependent upon technical means, rather 17 

than the ability of another person to physically or verbally 18 

impersonate the person. 19 

 “Disclose” means to sell, give, provide, lend, trade, mail, deliver, 20 

transfer, publish, distribute, circulate, disseminate, present, exhibit, 21 

advertise, offer, share, or make available via the Internet or by any 22 

other means, whether or not for pecuniary gain. 23 

 “Interactive computer service provider” shall have the same 24 

meaning as set forth in 47 U.S.C. s.230. 25 

 “Solicit” means to offer to create or generate, or to advertise the 26 

ability to create or generate, a work of deceptive audio or visual 27 

media, whether or not for hire, commission, monetary 28 

remuneration, or pecuniary gain.  “Solicit” shall also mean to 29 

request the creation or generation of a work of deceptive audio or 30 

visual media, whether or not for monetary remuneration or 31 

compensation. 32 

 “Victim” means a person who suffers personal, physical, or 33 

psychological injury or death or incurs loss of or injury to personal 34 

or real property as a result of the conduct of another that would 35 

constitute a violation of subsections b. or c. of this section.  36 

“Victim” also includes the spouse, parent, legal guardian, 37 

grandparent, child, sibling, domestic partner, or civil union partner 38 

of the decedent in the case of a person’s death. 39 

 “Video streaming service” means a service that transmits video 40 

content over the Internet that is played continuously without 41 

download. 42 

 b. A natural person commits a crime of the third degree if, 43 

without license or privilege to do so, the person generates or 44 

creates, or causes to be generated or created, a work of deceptive 45 

audio or visual media with the intent that it be used as part of a plan 46 

or course of conduct to commit any crime or offense, including but 47 

not limited to: 48 



 

SCS for S2544 MORIARTY, CORRADO 

3 

 

 (1)  a crime or offense under chapters 14, 16, 20, 21, 28, or 29 of 1 

Title 2C of the New Jersey Statutes; 2 

 (2)  advertising commercial sex abuse of a minor, pursuant to 3 

subsection b. of section 12 of P.L.2013, c.51 (C.2C:13-10); 4 

 (3)  endangering the welfare of children, pursuant to 5 

N.J.S.2C:24-4; 6 

 (4)  threats or improper influence in official and political matters, 7 

pursuant to N.J.S.2C:27-3; 8 

 (5)  false public alarms, pursuant to N.J.S.2C:33-3; 9 

 (6)  harassment, pursuant to N.J.S.2C:33-4; 10 

 (7)  cyber-harassment, pursuant to section 1 of P.L.2013, c.272 11 

(C.2C:33-4.1); or 12 

 (8)  hazing, pursuant to section 1 of P.L.1980, c.169 (C.2C:40-3). 13 

 The trier of fact may infer that a work of deceptive audio or 14 

visual media was generated or created without license or privilege 15 

to do so if the work was generated or created using a commercially 16 

or publicly available generative artificial intelligence system in 17 

violation of the terms of service, terms of use, or end user license 18 

agreement of the system. 19 

 c.  (1)  A natural person commits a crime of the third degree if, 20 

without license or privilege to do so, the person solicits, discloses, 21 

or uses a work of deceptive audio or visual media as part of a plan 22 

or course of conduct to commit any crime or offense, including but 23 

not limited to any crime or offense listed in subsection b. of this 24 

section. 25 

 (2)  A natural person commits a crime of the third degree if, 26 

without license or privilege to do so, the person discloses a work of 27 

deceptive audio or visual media that the person knows or reasonably 28 

should know was created in violation of subsection b. of this 29 

section. 30 

 d.  In addition to any term of imprisonment imposed pursuant to 31 

N.J.S.2C:43-6 and notwithstanding the provisions of subsection b. 32 

of N.J.S.2C:43-3, a fine of up to $30,000 may be imposed for a 33 

violation of this section. 34 

 e. Notwithstanding the provisions of N.J.S.2C:1-8 or any other 35 

provisions of law: 36 

 (1)  a conviction arising under subsection b. of this section shall 37 

not merge with a conviction under subsection c. of this section, nor 38 

shall a conviction under subsection c. of this section merge with a 39 

conviction under subsection b. of this section; and 40 

 (2)  a conviction arising under subsection b. or paragraph (1) of 41 

subsection c. of this section shall not merge with a conviction of 42 

any underlying offense, nor shall any conviction for such 43 

underlying offense merge with a conviction under subsection b. of 44 

this section.  The court shall impose separate sentences upon a 45 

conviction under subsection b. or paragraph (1) of subsection c. of 46 

this section and a conviction of any underlying offense. 47 



 

SCS for S2544 MORIARTY, CORRADO 

4 

 

 f. A natural person who violates the provisions of 1 

P.L.    , c.     (C.        ) (pending before the Legislature as this bill) 2 

shall be liable to the victim of the violation, and the victim may 3 

bring a civil action in the Superior Court.  The court may award: 4 

 (1)  actual damages, but not less than liquidated damages 5 

computed at the rate of $1,000 for each violation of P.L.    , c.     6 

(C.        ) (pending before the Legislature as this bill); 7 

 (2)  punitive damages upon proof of willful or reckless disregard 8 

of the law; 9 

 (3)  reasonable attorney’s fees and other litigation costs 10 

reasonably incurred; and 11 

 (4)  other such preliminary and equitable relief as the court 12 

determines appropriate.   13 

 A conviction for a violation of P.L.    , c.     (C.        ) (pending 14 

before the Legislature as this bill) shall not be a prerequisite for a 15 

civil action brought pursuant to this subsection.  The civil action 16 

authorized by this subsection shall be in addition to, and not in lieu 17 

of, any other civil action, injunctive relief, or other remedy 18 

available at law, including, but not limited to, a civil action for 19 

common law defamation, libel, slander, invasion of privacy, false 20 

light, misappropriation of identity, intrusion of privacy, or public 21 

disclosure of private facts. 22 

 g. (1)  It shall be deemed a fair use and shall not be a violation 23 

of P.L.    , c.     (C.        ) (pending before the Legislature as this 24 

bill) if a work of deceptive audio or visual media is clearly 25 

identified as a work of deceptive audio or visual media or, if the 26 

deceptive nature of the work is unknown or unverified, but is 27 

clearly identified as a possible work of deceptive audio or visual 28 

media, is disclosed in connection with criticism, comment, satire, 29 

parody, news reporting, teaching, scholarship, or research, pursuant 30 

to 17 U.S.C. s.107. 31 

 (2)  P.L.    , c.     (C.        ) (pending before the Legislature as this 32 

bill) shall not apply to an interactive computer service provider, 33 

cloud services provider, or commercial developer or provider of 34 

artificial intelligence technology, and shall not be construed to alter 35 

or negate any rights, obligations, or immunities of an interactive 36 

computer service provider or cloud services provider pursuant to 47 37 

U.S.C. s.230. 38 

 (3)  P.L.    , c.     (C.        ) (pending before the Legislature as this 39 

bill) shall not apply to any broadcasting station, cable service, radio 40 

station, telecommunications carrier, or television station, as those 41 

terms are defined pursuant to 47 U.S.C. s.153, or to any billboard, 42 

Internet website, mobile application, video streaming service, 43 

newspaper, magazine, publication, or printed matter through which 44 

an advertisement containing deceptive audio or visual media 45 

appears. 46 

 (4)  This section shall not apply to any broadcasting station, 47 

including a cable or satellite television company, programmer, or 48 



 

SCS for S2544 MORIARTY, CORRADO 

5 

 

producer, an Internet website, or a regularly published newspaper, 1 

magazine, or other periodical of general circulation, including an 2 

Internet or electronic publication, that routinely carries news and 3 

commentary of general interest, and that broadcasts or publishes 4 

any deceptive audio or visual media prohibited by this section for 5 

the purpose of disseminating newsworthy facts; provided that the 6 

broadcast or publication shall clearly contain a disclaimer which is 7 

either shown or read aloud that identifies the deceptive audio or 8 

visual media and states that the deceptive audio or visual media 9 

contains manipulated images or sound.  If the deceptive nature of 10 

the work is unknown or unverified, the broadcast or publication 11 

shall clearly contain a disclaimer which is either shown or read 12 

aloud that identifies the work as a possible work of deceptive audio 13 

or visual media. 14 

 (5)  It shall not be a violation of this section to disclose any 15 

deceptive audio or visual media to law enforcement officers in 16 

connection with a criminal investigation or prosecution of a 17 

violation of this section; pursuant to a subpoena or court order 18 

requiring the disclosure of a work of deceptive audio or visual 19 

media; or in furtherance of an investigation concerning fraud, 20 

cybersecurity, identity theft, harassment, or a violation of a 21 

commercial computer network’s contractual terms of service. 22 

 23 

 2. This act shall take effect immediately. 24 



 

(Sponsorship Updated As Of: 9/30/2024) 

SENATE SUBSTITUTE FOR 

SENATE COMMITTEE SUBSTITUTE FOR 

SENATE, No. 2544 
 

STATE OF NEW JERSEY 
221st LEGISLATURE 

  

ADOPTED JANUARY 14, 2025 

 

 

Sponsored by: 

Senator  PAUL D. MORIARTY 

District 4 (Atlantic, Camden and Gloucester) 

Senator  KRISTIN M. CORRADO 

District 40 (Bergen, Essex and Passaic) 

 

Co-Sponsored by: 

Senators Bramnick, Turner, Scutari and Amato 

 

 

 

 

SYNOPSIS 

 Establishes criminal penalties for production or dissemination of deceptive 

audio or visual media, commonly known as “deepfakes.”  

 

CURRENT VERSION OF TEXT  

 Substitute as adopted by the Senate. 

    

 

 



 

SS for S2544 SCS MORIARTY, CORRADO 

2 

 

 

AN ACT establishing criminal penalties for the production and 1 

dissemination of deceptive audio or visual media and 2 

supplementing Title 2C of the New Jersey Statutes. 3 

 4 

 BE IT ENACTED by the Senate and General Assembly of the State 5 

of New Jersey: 6 

 7 

 1.  a.  As used in P.L.    , c.     (C.        ) (pending before the 8 

Legislature as this bill): 9 

 “Deceptive audio or visual media” means any video recording, 10 

motion picture film, sound recording, electronic image, photograph, 11 

any technological representation of speech or conduct substantially 12 

derivative thereof, or any forgery or facsimile of a document or 13 

writing, that appears to a reasonable person to realistically depict 14 

any speech, conduct, or writing of a person who did not in fact 15 

engage in the speech, conduct, or writing, and the production of 16 

which was substantially dependent upon technical means, rather 17 

than the ability of another person to physically or verbally 18 

impersonate the person. 19 

 “Disclose” means to sell, give, provide, lend, trade, mail, deliver, 20 

transfer, publish, distribute, circulate, disseminate, present, exhibit, 21 

advertise, offer, share, or make available via the Internet or by any 22 

other means, whether or not for pecuniary gain. 23 

 “Interactive computer service provider” shall have the same 24 

meaning as set forth in 47 U.S.C. s.230. 25 

 “Solicit” means to offer to create or generate, or to advertise the 26 

ability to create or generate, a work of deceptive audio or visual 27 

media, whether or not for hire, commission, monetary 28 

remuneration, or pecuniary gain.  “Solicit” shall also mean to 29 

request the creation or generation of a work of deceptive audio or 30 

visual media, whether or not for monetary remuneration or 31 

compensation. 32 

 “Victim” means a person who suffers personal, physical, or 33 

psychological injury or death or incurs loss of or injury to personal 34 

or real property as a result of the conduct of another that would 35 

constitute a violation of subsections b. or c. of this section.  36 

“Victim” also includes the spouse, parent, legal guardian, 37 

grandparent, child, sibling, domestic partner, or civil union partner 38 

of the decedent in the case of a person’s death. 39 

 “Video streaming service” means a service that transmits video 40 

content over the Internet that is played continuously without 41 

download. 42 

 b. A natural person commits a crime of the third degree if, 43 

without license or privilege to do so, the person generates or 44 

creates, or causes to be generated or created, a work of deceptive 45 

audio or visual media with the intent that it be used as part of a plan 46 

or course of conduct to commit any crime or offense, including but 47 

not limited to: 48 



 

SS for S2544 SCS MORIARTY, CORRADO 

3 

 

 (1)  a crime or offense under chapters 14, 16, 20, 21, 28, or 29 of 1 

Title 2C of the New Jersey Statutes; 2 

 (2)  advertising commercial sex abuse of a minor, pursuant to 3 

subsection b. of section 12 of P.L.2013, c.51 (C.2C:13-10); 4 

 (3)  endangering the welfare of children, pursuant to 5 

N.J.S.2C:24-4; 6 

 (4)  threats or improper influence in official and political matters, 7 

pursuant to N.J.S.2C:27-3; 8 

 (5)  false public alarms, pursuant to N.J.S.2C:33-3; 9 

 (6)  harassment, pursuant to N.J.S.2C:33-4; 10 

 (7)  cyber-harassment, pursuant to section 1 of P.L.2013, c.272 11 

(C.2C:33-4.1); or 12 

 (8)  hazing, pursuant to section 1 of P.L.1980, c.169 (C.2C:40-3). 13 

 The trier of fact may infer that a work of deceptive audio or 14 

visual media was generated or created without license or privilege 15 

to do so if the work was generated or created using a commercially 16 

or publicly available generative artificial intelligence system in 17 

violation of the terms of service, terms of use, or end user license 18 

agreement of the system. 19 

 c.  (1)  A natural person commits a crime of the third degree if, 20 

without license or privilege to do so, the person solicits, discloses, 21 

or uses a work of deceptive audio or visual media as part of a plan 22 

or course of conduct to commit any crime or offense, including but 23 

not limited to any crime or offense listed in subsection b. of this 24 

section. 25 

 (2)  Except as otherwise provided in subsection g. of this section, 26 

a natural person commits a crime of the third degree if, without 27 

license or privilege to do so, the person discloses a work of 28 

deceptive audio or visual media that the person knows or reasonably 29 

should know was created in violation of subsection b. of this 30 

section. 31 

 d.  In addition to any term of imprisonment imposed pursuant to 32 

N.J.S.2C:43-6 and notwithstanding the provisions of subsection b. 33 

of N.J.S.2C:43-3, a fine of up to $30,000 may be imposed for a 34 

violation of this section. 35 

 e. Notwithstanding the provisions of N.J.S.2C:1-8 or any other 36 

provisions of law: 37 

 (1) a conviction arising under subsection b. of this section shall 38 

not merge with a conviction under subsection c. of this section, nor 39 

shall a conviction under subsection c. of this section merge with a 40 

conviction under subsection b. of this section; and 41 

 (2) a conviction arising under subsection b. or paragraph (1) of 42 

subsection c. of this section shall not merge with a conviction of 43 

any underlying offense, nor shall any conviction for such 44 

underlying offense merge with a conviction under subsection b. of 45 

this section.  The court shall impose consecutive sentences upon a 46 

conviction under subsection b. or paragraph (1) of subsection c. of 47 

this section and a conviction of any underlying offense. 48 



 

SS for S2544 SCS MORIARTY, CORRADO 

4 

 

 f. A natural person who violates the provisions of P.L.    , c.    1 

(C.         (pending before the Legislature as this bill) shall be liable 2 

to the victim of the violation, and the victim may bring a civil 3 

action in the Superior Court.  The court may award: 4 

 (1) actual damages, but not less than liquidated damages 5 

computed at the rate of $1,000 for each violation of P.L.    , c.     6 

(C.        ) (pending before the Legislature as this bill); 7 

 (2) punitive damages upon proof of willful or reckless disregard 8 

of the law; 9 

 (3) reasonable attorney’s fees and other litigation costs 10 

reasonably incurred; and 11 

 (4) other such preliminary and equitable relief as the court 12 

determines appropriate.   13 

 A conviction for a violation of P.L.    , c.     (C.        ) (pending 14 

before the Legislature as this bill) shall not be a prerequisite for a 15 

civil action brought pursuant to this subsection.  The civil action 16 

authorized by this subsection shall be in addition to, and not in lieu 17 

of, any other civil action, injunctive relief, or other remedy 18 

available at law, including, but not limited to, a civil action for 19 

common law defamation, libel, slander, invasion of privacy, false 20 

light, misappropriation of identity, intrusion of privacy, or public 21 

disclosure of private facts. 22 

 g. (1) P.L.    , c.    C.        ) (pending before the Legislature as 23 

this bill) shall not apply to content that constitutes criticism, 24 

comment, satire, parody, news reporting, teaching, scholarship, or 25 

research that a reasonable viewer or listener would not believe to 26 

authentically depict speech or conduct. 27 

 (2) P.L.    , c.     (C.        ) (pending before the Legislature as this 28 

bill) shall not apply to an interactive computer service provider, 29 

cloud services provider, or commercial developer or provider of 30 

artificial intelligence technology, where such developer or provider 31 

is not deemed to be a publisher, speaker, or information content 32 

provider pursuant to 47 U.S.C. s.230, and shall not be construed to 33 

alter or negate any rights, obligations, or immunities of an 34 

interactive computer service provider or cloud services provider 35 

pursuant to 47 U.S.C. s.230. 36 

 (3) P.L.    , c.    (C.        ) (pending before the Legislature as this 37 

bill) shall not apply to any broadcasting station, cable service, radio 38 

station, telecommunications carrier, or television station, as those 39 

terms are defined pursuant to 47 U.S.C. s.153, or to any billboard, 40 

Internet website, mobile application, video streaming service, 41 

newspaper, magazine, publication, printed matter, or other 42 

advertising channel or medium through which an advertisement 43 

containing deceptive audio or visual media appears, where the 44 

advertising channel or medium’s role in disclosing the 45 

advertisement is limited to the selling of advertising time or space, 46 

or where an advertising channel or medium is prohibited by federal 47 

law from censoring the advertisement regardless of its content. 48 



 

SS for S2544 SCS MORIARTY, CORRADO 

5 

 

 (4) This section shall not apply to any broadcasting station, 1 

including a cable or satellite television company, programmer, or 2 

producer, an Internet website, video streaming service, or a 3 

regularly published newspaper, magazine, or other periodical of 4 

general circulation, including an Internet or electronic publication, 5 

that routinely carries news and commentary of general interest, and 6 

that broadcasts or publishes any deceptive audio or visual media 7 

prohibited by this section solely for the purpose of disseminating 8 

newsworthy facts; provided that if the deceptive nature of the work 9 

is known or verified, the broadcast or publication shall clearly 10 

contain a disclaimer which is either shown or read aloud that 11 

identifies the work as a work of deceptive audio or visual media.   12 

 (5) It shall not be a violation of this section to disclose any 13 

deceptive audio or visual media to law enforcement officers in 14 

connection with a criminal investigation or prosecution of a 15 

violation of this section; pursuant to a subpoena or court order 16 

requiring the disclosure of a work of deceptive audio or visual 17 

media; or in furtherance of an investigation concerning fraud, 18 

cybersecurity, identity theft, harassment, or a violation of a 19 

commercial computer network’s contractual terms of service. 20 

 21 

 2. This act shall take effect immediately. 22 

 23 

 24 

STATEMENT 25 

 26 

 This floor substitute establishes criminal and civil penalties for the 27 

production or dissemination of deceptive audio or visual media, 28 

commonly known as “deepfakes.”  The floor substitute clarifies certain 29 

free speech exceptions applicable to interactive computer service 30 

providers, cloud services providers, commercial developers or 31 

providers of artificial intelligence technology, advertisers, the news 32 

media, and other media companies. 33 

 34 

Prohibitions 35 

 The floor substitute establishes a crime of the third degree if a 36 

natural person, without license or privilege to do so, generates or 37 

creates, or causes to be generated or created, deceptive audio or visual 38 

media with the intent that it be used as part of a plan or course of 39 

conduct to commit any crime, including but not limited to: 40 

 (1)  a crime or offense under chapters 14 (sexual offenses), 16 41 

(bias crimes), 20 (theft), 21 (forgery and fraud), 28 (perjury), or 29 42 

(obstruction of justice) of Title 2C of the New Jersey Statutes; 43 

 (2)  advertising commercial sex abuse of a minor; 44 

 (3)  endangering the welfare of children and child pornography; 45 

 (4)  threats or improper influence in official and political matters; 46 

 (5)  false public alarms; 47 

 (6)  harassment; 48 



 

SS for S2544 SCS MORIARTY, CORRADO 

6 

 

 (7)  cyber-harassment; or 1 

 (8)  hazing. 2 

 The trier of fact may infer that a work of deceptive audio or visual 3 

media was generated or created without license or privilege to do so if 4 

the work was generated or created using a commercially or publicly 5 

available generative artificial intelligence system in violation of the 6 

terms of service, terms of use, or end user license agreement of the 7 

system. 8 

 The floor substitute also establishes a crime of the third degree if a 9 

natural person, without license or privilege to do so, solicits, uses, or 10 

discloses a work of deceptive audio or visual media as part of a plan or 11 

course of conduct to commit any crime. 12 

 The floor substitute also establishes a crime of the third degree if a 13 

natural person, without license or privilege to do so, discloses a work 14 

of deceptive audio or visual media that the person knows or should 15 

reasonably know was created in violation of the provisions of the floor 16 

substitute. 17 

 18 

Criminal Penalties 19 

 A crime of the third degree is punishable by a three to five year 20 

term of imprisonment, a fine of up to $15,000, or both.  The floor 21 

substitute instead imposes a fine of up to $30,000 instead of $15,000.  22 

A conviction for a violation of the floor substitute does not merge with 23 

a conviction for the underlying crime in which the deepfake is used. 24 

 25 

Civil Remedies 26 

 Under the floor substitute, a person would be liable to the victim, 27 

as defined under the floor substitute, for a violation of the floor 28 

substitute, who may bring a civil action in the Superior Court.  The 29 

floor substitute further provides that a conviction is not a prerequisite 30 

for a civil action.  The civil action authorized by this floor substitute is 31 

to be in addition to, and not in lieu of any other civil action, injunctive 32 

relief, or other remedy available at law. 33 

 34 

Exceptions 35 

 The floor substitute contains certain free speech exceptions if a 36 

deepfake is disclosed in connection with criticism, comment, satire, 37 

parody, news reporting, teaching, scholarship, or research that a 38 

reasonable viewer or listener would not believe to authentically depict 39 

speech or conduct.  Additionally, the floor substitute does not apply to 40 

interactive computer service providers, cloud services providers, or 41 

commercial developer or provider of artificial intelligence technology 42 

pursuant to 47 U.S.C. s.230.   43 

 The floor substitute does not apply to television, cable, or radio 44 

stations, or other carriers of advertising, such as websites, billboards, 45 

newspapers, magazines, mobile apps, or streaming video platforms 46 

through which an advertisement containing deceptive audio or visual 47 

media appears, where the advertising channel or medium’s role in 48 



 

SS for S2544 SCS MORIARTY, CORRADO 

7 

 

disclosing the advertisement is limited to the selling of advertising 1 

time or space, or where an advertising channel or medium is prohibited 2 

by federal law from censoring the advertisement regardless of its 3 

content.   4 

 The floor substitute does not apply to broadcasters, websites, 5 

newspapers, or magazines that routinely carry news and commentary 6 

of general interest that broadcast or publish a deepfake, provided that it 7 

is done solely for the purpose of disseminating newsworthy facts and 8 

contains a disclaimer identifying the deepfake.  Finally, the floor 9 

substitute does not apply to disclosures in connection with a law 10 

enforcement investigation or pursuant to court order, or in furtherance 11 

of an investigation concerning fraud, cybersecurity, identity theft, 12 

harassment, or a violation of a commercial computer network’s 13 

contractual terms of service. 14 



SENATE LAW AND PUBLIC SAFETY COMMITTEE 
 

STATEMENT TO  
 

SENATE, No. 2544  
 

with committee amendments 

 

STATE OF NEW JERSEY 
 

DATED:  MARCH 7, 2024 

 

 The Senate Law and Public Safety Committee reports favorably 

and with committee amendments Senate Bill No. 2544. 

 As amended and reported by the committee, this bill establishes 

criminal penalties for the production or dissemination of deceptive 

audio or visual media, commonly known as “deepfakes.”   

 As amended, the bill defines deceptive audio or visual media as 

“any video recording, motion picture film, sound recording, electronic 

image, photograph, any technological representation of speech or 

conduct substantially derivative thereof, or any forgery or facsimile of 

a document or writing, that appears to a reasonable person to 

realistically depict any speech, conduct, or writing of a person who did 

not in fact engage in the speech, conduct, or writing 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 third 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 that is used as 

part of a plan or course of conduct to commit any crime or offense 

including, but not limited to, certain crimes or offenses listed in the 

bill. 

 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.  As 

amended, the bill establishes an affirmative defense if the disclosed 

work is clearly identified as a work of deceptive audio or visual media, 

but such affirmative defense shall not apply where the disclosed work 

depicts nudity or pornography.  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 



2 

 

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 further 

provides that a final judgment rendered in favor of the State in any 

criminal proceeding prevents the person from denying the same 

conduct in any civil action brought under the bill. 

 The bill provides that it should not be construed to alter or negate 

any rights, obligations, or immunities of an interactive computer 

service provider under federal law.  The 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 agency broadcasts or 

publishes a work of deceptive audio or visual media that the news 

media or agency knows was created in violation of the bill, and fails to 

clearly identify the work as deceptive audio or visual media.  

 

COMMITTEE AMENDMENTS: 

 The committee amended the bill to: 

 (1) change the definition of “deceptive audio or visual media”;  

 (2) establish an affirmative defense to prosecution for unlawful 

disclosure of deceptive audio or visual media if the disclosed work is 

clearly identified as a work of deceptive audio or visual media, but the 

affirmative defense shall not apply where the disclosed work depicts 

nudity or pornography; 

 (3) provide that a person commits a crime of the third degree if, 

without license or privilege to do so, the person generates or creates, or 

causes to be generated or created, a work of deceptive audio or visual 

media used as part of a plan or course of conduct to commit any crime 

or offense including, but not limited to, certain crimes and offenses 

listed in the bill.  As introduced, the bill provides that a person 

commits a crime of the third degree if without license or privilege to 

do so, the person generates or creates, or causes to be generated or 

created, a work of deceptive audio or visual media for an unlawful 

purpose and provides that a trier of fact may infer 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 certain offenses listed in the bill as introduced; and  

 (4) provide that a conviction arising under this bill is not merge to 

with another conviction arising under this bill or with any of the 

underlying offenses outlined in this bill. 

 



SENATE BUDGET AND APPROPRIATIONS COMMITTEE 
 

STATEMENT TO  
 

SENATE COMMITTEE SUBSTITUTE FOR 

SENATE, No. 2544  
 

STATE OF NEW JERSEY 
 

DATED:  JUNE 24, 2024 

 

 The Senate Budget and Appropriations Committee reports 

favorably a Senate Committee Substitute for Senate Bill No. 2544. 

 This Senate Committee Substitute establishes criminal and civil 

penalties for the production or dissemination of deceptive audio or 

visual media, commonly known as “deepfakes.”  The committee 

substitute clarifies certain free speech exceptions applicable to 

interactive computer service providers, cloud services providers, 

commercial developers or providers of artificial intelligence 

technology, advertisers, the news media, and other media companies. 

 

Prohibitions 

 The committee substitute establishes a crime of the third degree if 

a natural person, without license or privilege to do so, generates or 

creates, or causes to be generated or created, deceptive audio or visual 

media with the intent that it be used as part of a plan or course of 

conduct to commit any crime, including but not limited to: 

 (1)  a crime or offense under chapters 14 (sexual offenses), 16 

(bias crimes), 20 (theft), 21 (forgery and fraud), 28 (perjury), or 29 

(obstruction of justice) of Title 2C of the New Jersey Statutes; 

 (2)  advertising commercial sex abuse of a minor; 

 (3)  endangering the welfare of children and child pornography; 

 (4)  threats or improper influence in official and political matters; 

 (5)  false public alarms; 

 (6)  harassment; 

 (7)  cyber-harassment; or 

 (8)  hazing. 

 The trier of fact may infer that a work of deceptive audio or visual 

media was generated or created without license or privilege to do so if 

the work was generated or created using a commercially or publicly 

available generative artificial intelligence system in violation of the 

terms of service, terms of use, or end user license agreement of the 

system. 

 The committee substitute also establishes a crime of the third 

degree if a natural person, without license or privilege to do so, 

solicits, uses, or discloses a work of deceptive audio or visual media as 

part of a plan or course of conduct to commit any crime. 



2 

 

 The committee substitute also establishes a crime of the third 

degree if a natural 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 this bill. 

 

Criminal Penalties 

 A crime of the third degree is punishable by a three to five year 

term of imprisonment, a fine of up to $15,000, or both.  In addition, 

the bill imposes an additional fine of up to $30,000.  A conviction for a 

violation of this bill does not merge with a conviction for the 

underlying crime in which the deepfake is used. 

 

Civil Remedies 

 Under the committee substitute, a person would be liable to the 

victim of a violation of the committee substitute, who may bring a 

civil action in the Superior Court.  Victims are not limited to persons 

depicted in the deepfake, but includes any person who suffers 

personal, physical, or psychological injury or incurs loss of or injury to 

personal or real property as a result of the violation.  The bill further 

provides that a conviction is not 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. 

 

Exceptions 

 The committee substitute contains certain free speech exceptions if 

a deepfake that is clearly identified as a work of deceptive audio or 

visual media or, if the deceptive nature of the work is unknown or 

unverified, clearly identified as a possible work of deceptive audio or 

visual media, is disclosed in connection with criticism, comment, 

satire, parody, news reporting, teaching, scholarship, or research.  

Additionally, the bill does not apply to interactive computer service 

providers, cloud services providers, or commercial developers or 

providers of artificial intelligence technology pursuant to 47 U.S.C. 

s.230.  The committee substitute does not apply to television, cable, or 

radio stations, or other carriers of advertising, such as websites, 

billboards, newspapers, magazines, mobile apps, or streaming video 

platforms, through which an advertisement containing deceptive audio 

or visual media appears.  The committee substitute does not apply to 

broadcasters, websites, newspapers, or magazines that routinely carry 

news and commentary of general interest that broadcast or publish a 

deepfake, provided that it is done for the purpose of disseminating 

newsworthy facts and contains a disclaimer concerning the inaccurate 

nature of the deepfake.  If the deceptive nature of the work is unknown 

or unverified, the broadcast or publication is required to clearly 

contain a disclaimer which is either shown or read aloud that identifies 

the work as a possible work of deceptive audio or visual media.  



3 

 

Finally, the committee substitute does not apply to disclosures in 

connection with a law enforcement investigation or pursuant to court 

order, or in furtherance of an investigation concerning fraud, 

cybersecurity, identity theft, harassment, or a violation of a 

commercial computer network’s contractual terms of service. 

 

FISCAL IMPACT: 

 The Office of Legislative Services (OLS) estimates that this bill 

may result in indeterminate annual State cost and revenue increases. 

 The bill’s establishment of criminal penalties may result in the 

Department of Law and Public Safety prosecuting additional cases; the 

Judiciary adjudicating additional cases; and the Office of the Public 

Defender representing additional indigent criminal offenders.  The 

OLS cannot quantify the exact fiscal impact since the number of cases 

and convictions resulting from the bill’s provisions cannot be known. 

 The State may realize an indeterminate increase in annual revenues 

from the collection of regular and enhanced fines and court fees.  

However, the State’s ability to collect these penalties and fees has 

historically been limited. 



   
Office of Legislative Services 

State House Annex 

P.O. Box 068 

Trenton, New Jersey  08625 

 Legislative Budget and Finance Office 

Phone (609) 847-3105 

Fax (609) 777-2442 

www.njleg.state.nj.us 

 

 

LEGISLATIVE FISCAL ESTIMATE 

SENATE COMMITTEE SUBSTITUTE FOR 

SENATE, No. 2544 

STATE OF NEW JERSEY 
221st LEGISLATURE 

 

DATED: JUNE 28, 2024 

 

 

SUMMARY 

 

Synopsis: Establishes criminal penalties for production or dissemination of 

deceptive audio or visual media, commonly known as "deepfakes." 

Type of Impact: Annual State expenditure and revenue increases.  

Agencies Affected: The Judiciary; Department of Law and Public Safety; Office of the 

Public Defender. 

 

 

Office of Legislative Services Estimate 

Fiscal Impact Annual 

State Cost Increase Indeterminate 

State Revenue Increase Indeterminate 

 
 

 The Office of Legislative Services (OLS) estimates that this bill may result in indeterminate 

annual State cost and revenue increases.  

 The bill’s establishment of criminal penalties may result in the Department of Law and Public 

Safety prosecuting additional cases; the Judiciary adjudicating additional cases; and the Office 

of the Public Defender representing additional indigent defendants.  The OLS cannot quantify 

the exact fiscal impact since the number of cases and convictions resulting from the bill’s 

provisions cannot be known.   

 The State may realize an indeterminate increase in annual revenues from the collection of 

regular and enhanced fines and court fees.  However, the State’s ability to collect these 

penalties and fees has historically been limited.  

 

 

BILL DESCRIPTION 

 

 This bill establishes criminal penalties for the production or dissemination of deceptive audio 

or visual media, commonly known as “deepfakes.”   



FE to SCS for S2544 

2 

 

 The bill defines deceptive audio or visual media and establishes a crime of the third 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 that is used as part of a plan or course of conduct to 

commit any crime or offense including, but not limited to, certain crimes or offenses listed in the 

bill. 

 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.  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.  

 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.   

 

 

FISCAL ANALYSIS 

 

EXECUTIVE BRANCH 

 

 None received. 

 

OFFICE OF LEGISLATIVE SERVICES 

 

 The OLS estimates that this bill may result in indeterminate annual State cost and revenue 

increases.   

 The bill’s establishment of criminal penalties may result in the Department of Law and Public 

Safety prosecuting additional cases; the Judiciary adjudicating additional cases; and the Office of 

the Public Defender representing additional indigent defendants.  The OLS cannot quantify the 

exact fiscal impact since the number of cases and convictions resulting from the bill’s provisions 

cannot be known.  Generally, a presumption of non-incarceration applies for first time offenders 

of crimes of the third degree, and therefore no costs are anticipated for the Department of 

Corrections or the State Parole Board. 

 The bill establishes crimes of the third degree for certain deceptive audio or visual media 

crimes.  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.  The State may realize an indeterminate increase in annual revenues from 

the collection of regular and enhanced fines and court fees; however, the State’s ability to collect 

these penalties and fees has historically been limited. 

 

Section: Judiciary 

Analyst: Anuja Pande Joshi 

Senior Fiscal Analyst 

Approved: Thomas Koenig 

Legislative Budget and Finance Officer 

 

This legislative fiscal estimate has been produced by the Office of Legislative Services due to the 

failure of the Executive Branch to respond to our request for a fiscal note. 

 

This fiscal estimate has been prepared pursuant to P.L.1980, c.67 (C.52:13B-6 et seq.). 



   
Office of Legislative Services 

State House Annex 

P.O. Box 068 

Trenton, New Jersey  08625 

 Legislative Budget and Finance Office 

Phone (609) 847-3105 

Fax (609) 777-2442 

www.njleg.state.nj.us 

 

 

LEGISLATIVE FISCAL ESTIMATE 

SENATE SUBSTITUTE FOR  

SENATE COMMITTEE SUBSTITUTE FOR 

SENATE, No. 2544 

STATE OF NEW JERSEY 
221st LEGISLATURE 

 

DATED: FEBRUARY 3, 2025 

 

 

SUMMARY 

 

Synopsis: Establishes criminal penalties for production or dissemination of 

deceptive audio or visual media, commonly known as "deepfakes." 

Type of Impact: Annual State expenditure and revenue increases; annual local 

expenditure increases.  

Agencies Affected: The Judiciary; Department of Law and Public Safety; Office of the 

Public Defender; Department of Corrections; State Parole Board; 

Counties. 

 

 

Office of Legislative Services Estimate 

Fiscal Impact Annual 

State Cost Increase Indeterminate 

State Revenue Increase Indeterminate 

Local Cost Increase Indeterminate 

 
 

 The Office of Legislative Services (OLS) estimates that this bill may result in an indeterminate 

annual increase in State and local costs. The OLS lacks sufficient information to quantify the 

exact fiscal impact, as it is not possible to estimate the number of crimes likely to be committed 

under the provisions of this bill. 

 The OLS finds that the following State and local agencies may incur caseload and expenditure 

increases: a) county prosecutors would have to prosecute additional cases; b) the Judiciary 

would have to adjudicate additional complaints and monitor additional probationers; c) the 

Office of the Public Defender would have to represent additional low income criminal 

defendants; d) the Department of Corrections may have to house and care for more individuals; 

and e) the State Parole Board may have to supervise the return to society of additional 

offenders.  



FE to SS for SCS for S2544 

2 

 

 The State may realize an indeterminate increase in annual revenues from the collection of 

regular and enhanced fines and court fees.  However, the State’s ability to collect these 

penalties and fees has historically been limited.  

 

BILL DESCRIPTION 

 

 This bill establishes a crime of the third degree if a natural person, without license or privilege 

to do so, generates or creates, or causes to be generated or created, deceptive audio or visual media 

with the intent that it be used as part of a plan or course of conduct to commit any crime as 

enumerated in the bill. 

 The trier of fact may infer that a work of deceptive audio or visual media was generated or 

created without license or privilege to do so if the work was generated or created using a 

commercially or publicly available generative artificial intelligence system in violation of the 

terms of service, terms of use, or end user license agreement of the system. 

 The bill also establishes a crime of the third degree if a natural person, without license or 

privilege to do so, solicits, uses, or discloses a work of deceptive audio or visual media as part of 

a plan or course of conduct to commit any crime. 

 Furthermore, the bill establishes a crime of the third degree if a natural 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 the bill. 

 A crime of the third degree is punishable by a three to five year term of imprisonment, a fine 

of up to $15,000, or both.  The bill instead imposes a fine of up to $30,000 instead of $15,000.  A 

conviction for a violation of the bill does not merge with a conviction for the underlying crime in 

which the deepfake is used. 

 Under the bill, a person would be liable to the victim, for a violation of the bill’s provisions, 

and the latter may bring a civil action in the Superior Court.   

 

 

FISCAL ANALYSIS 

 

EXECUTIVE BRANCH 

 

 None received. 

 

OFFICE OF LEGISLATIVE SERVICES 

 

 The OLS estimates that this bill may result in indeterminate annual State and local cost 

increases.  The OLS cannot quantify the exact fiscal impact since the number of cases and 

convictions resulting from the bill’s provisions cannot be known.     

 The bill’s establishment of criminal penalties may result in: a) county prosecutors prosecuting 

additional cases; b) the Judiciary adjudicating additional complaints and monitoring additional 

probationers; c) the Office of the Public Defender representing additional low-income criminal 

defendants; d) the Department of Corrections housing additional individuals; and e) the State 

Parole Board supervising the return to society of additional offenders. The OLS notes that a 

presumption of non-incarceration generally applies to first time offenders of crimes of the third 

degree.  However, to the extent the bill results in additional incarcerations, the Department of 

Corrections would incur costs.  Based on information provided by the Department of Corrections, 



FE to SS for SCS for S2544 

3 

 

the FY 2023 average annual cost for housing, ensuring security, and providing services to an 

incarcerated individual was $75,574, with an average daily cost of $207.     

 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.  The State may realize an indeterminate increase in annual revenues from 

the collection of regular and enhanced fines and court fees; however, the State’s ability to collect 

these penalties and fees has historically been limited.  

 

Section: Judiciary 

Analyst: Anuja Pande Joshi 

Senior Fiscal Analyst 

Approved: Thomas Koenig 

Legislative Budget and Finance Officer 

 

This legislative fiscal estimate has been produced by the Office of Legislative Services due to the 

failure of the Executive Branch to respond to our request for a fiscal note. 

 

This fiscal estimate has been prepared pursuant to P.L.1980, c.67 (C.52:13B-6 et seq.). 



 

ASSEMBLY COMMITTEE SUBSTITUTE FOR  
ASSEMBLY BILL NO. 3540  

(Second Reprint) 
 
 

To the General Assembly:  

 Pursuant to Article V, Section I, Paragraph 14 of the 

New Jersey Constitution, I am returning Assembly Committee 

Substitute for Assembly Bill No. 3540 (Second Reprint) with my 

recommendations for reconsideration.  

 This bill creates a new criminal offense if an individual 

generates or discloses “deceptive audio or visual media.”  

“Deceptive audio or visual media” is defined as any video 

recording, motion picture film, sound recording, electronic image, 

photograph, any technological representation of speech or conduct 

substantially derivative thereof, or any forgery or facsimile of 

a document or writing, that appears to a reasonable person to 

realistically depict any speech, conduct, or writing of a person 

who did not in fact engage in the speech, conduct, or writing, 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.  This deceptive media is more 

commonly referred to or known as “deepfakes.” 

 The bill establishes a crime 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.  The 

bill further provides that a person could be civilly liable to the 

individual depicted in the deceptive audio or visual media, who 

may bring a civil action. The 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 agency broadcasts 

or publishes a work of deceptive audio or visual media that the 



2 

 

 

news media or agency knows was created in violation of the bill, 

and fails to clearly identify the work as deceptive audio or visual 

media. 

I applaud the proponents of this bill who rightly recognize 

and seek to mitigate the potential for lasting harms to individuals 

and for misleading the public at large due to the ease and 

prevalence of computer technologies that allow for the creation of 

deceptive media, or “deepfakes.” Our criminal code establishes a 

framework of laws of general application that address a wide range 

of conduct, but sometimes needs to be more focused to better 

address particular and nuanced types of undesirable behavior.  This 

is one such area, as those who exploit nascent “deepfake” 

technology may not be subject to sufficient criminal or civil 

penalties or deterrence, leaving the public vulnerable and not 

appropriately safeguarded from the use of “deepfake” audio or 

visual media for nefarious purposes. 

That said, there are ways that this bill can be strengthened 

to reduce potential First Amendment concerns, such as including an 

explanation of the intended purpose of the legislation and its 

underlying rationale for achieving its goal of minimizing the 

inappropriate or deceptive use of this type of sophisticated 

technology.  As has been mentioned in discussions about this bill, 

in order for it to be implemented effectively and as intended, we 

must ensure the language of the bill is sufficiently precise to 

combat fraudulent, deceptive, or exploitative uses of “deepfakes” 

without running afoul of constitutional precept, especially as 

similar legislation enacted in other states has already been 

challenged under First Amendment arguments. 

Therefore, I herewith return Assembly Committee Substitute 

for Assembly Bill No. 3540 (Second Reprint) and recommend that it 

be amended as follows: 



3 

 

 

Page 2, Title, Line 1: After “establishing” insert 
“civil and” 

 
Page 2, Section 1, Line 8: After “1.” insert “The 

Legislature finds and declares 
that: 

 
      a. Technological advances in 

artificial intelligence have 
resulted in widespread 
accessibility to sophisticated 
“deepfake” technology, which 
can be used to manipulate audio 
and visual content to create 
deceptive audio and visual 
media depictions that often 
cannot be distinguished from 
reality. 

 
     b. Digitally altered media 

generated with this technology 
can produce false and 
deceptive, but completely 
realistic and convincing, 
media depicting events that 
never happened, interactions 
that never took place, conduct 
that never occurred, and 
statements that were never 
made. 

 
      c. While there are numerous 

valid and appropriate uses for 
this sophisticated technology, 
such as criticism, comment, 
satire, parody, news 
reporting, teaching, 
scholarship, or research, it 

may also be used 
inappropriately, to deceive, 
humiliate, or violate the 
privacy of individuals who are 
portrayed in deceptive audio 
and visual media without their 
consent. 

 
    d. It is manifest that 

lawbreakers will use all 
available tools to subvert the 
law, and “deepfake” 
technology, which may be 
readily accessed through the 
Internet or computer software 
programs, can be a powerful 
tool to accomplish illicit 

ends.  Utilizing “deepfake” 
technology, bad actors may 
engage in a broad range of 
criminal or unlawful conduct 
such as creating audio and 
visual media depictions of 
sexual abuse and sexual 
exploitation involving 
children or non-consenting 
adults, creating false, 
misleading, and misattributed 
political advertising and 
campaign materials, and 
targeting individuals and 
corporate entities for 
harassment, damaging 



4 

 

 

reputations and ruining lives.  
Punishment for committing a 

crime using “deepfake” 
technology should be 
cumulative, as the impact of 
the underlying criminal 
conduct is amplified through 
the insidious use of 
“deepfake” technology as the 
means to break the law. 

 
      e. With the readily available 

amplifiers of the Internet and 
social media, digital media 
can be both ubiquitous and 
enduring, and the harm to a 
person falsely depicted in a 
“deepfake” image or visual or 
audio recording can result in 
widespread and pervasive 

emotional distress, 
reputational damage, and 
indelible harm to that 
person’s personal and 
professional relationships. 

 
      f. There is a compelling State 

interest in fostering the 
appropriate use of “deepfake” 
technology and deterring the 
inappropriate application of 
this technology to commit 
illicit conduct, in a way that 
safeguards the health, safety, 
and welfare of the public 
without unduly infringing on 
the First Amendment rights of 
content creators.  Similarly, 

the State has a compelling 
interest in protecting the 
privacy and reputational 
interests of residents who 
might otherwise be falsely 
depicted through “deepfake” 
technology, and in providing 
them a meaningful mechanism 
through which to obtain 
appropriate redress. 

 
      g. While civil liability and 

enforcement may to some extent 
prevent the misuse of this 
technology in furtherance of 
criminal activity, the 
relative ease with which this 

technology may be accessed and 
deployed, measured against the 
magnitude of the indelible and 
long-lasting harms its use can 
inflict upon victims and their 
families, warrants more severe 
consequences to more 
effectively punish and deter 
the inappropriate use of 
“deepfake” technology.    

 
     h. Accordingly, the 

Legislature finds that it is 
necessary and proper to 
establish robust specific 
criminal penalties to punish 



5 

 

 

and deter the use of “deepfake” 
technology to generate or 

create works of deceptive 
audio or visual media for the 
purpose of attempting or 
furthering the commission of a 
crime or offense, or to 
solicit, disclose, or use a 
work of deceptive audio or 
visual media for that purpose, 
and by providing the aggrieved 
victims of such conduct a civil 
recourse by which they may seek 
appropriate recompense. 

 
 2.” 
 
Page 2, Section 1, Line 22: After “make” insert 

“externally” 
 

Page 3, Section 1, Lines 2-3: Delete “with the intent that it 
be used as a part of a plan or 
course of conduct to commit” 
and insert “for the purpose of 
attempting or furthering the 
commission of” 

 
Page 3, Section 1, Line 3: After “offense,” insert “or 

with the knowledge that the 
work is to be used by another 
for such purpose,” 

 
Page 3, Section 1, Lines 18-23: Delete in their entirety 
 
Page 3, Section 1, Lines 26-27: Delete “as part of a plan or 

course of conduct to commit” 
and insert “for the purpose of 
attempting or furthering the 

commission of” 
 
Page 3, Section 1, Line 27: After “offense,” insert “or 

with knowledge that the work is 
to be used by another for such 
purpose,” 

 
Page 3, Section 1, Line 31: Delete “third” and insert 

“fourth” 
 
Page 3, Section 1, Line 32:  After “person” insert 

“knowingly or recklessly” 
 
Page 3, Section 1, Lines 33-34: Delete “that the person knows 

or reasonably should know was” 
 
Page 4, Section 1, Line 7: After “shall” insert “also” 

 
Page 4, Section 1, Line 10: After “each” insert “knowing 

or reckless” 
 
Page 4, Section 1, Line 12: Delete “or reckless” 
 
Page 4, Section 1, Line 34:  Delete “constitutes” and 

insert “a reasonable viewer or 
listener would understand to 
constitute” 

 
Page 4, Section 1, Line 35: Delete “or research” and 

insert “research, or to any 
content” 

 



6 

 

 

Page 5, Section 1, Line 9: Before “telecommunications” 
insert “or” 

 
Page 5, Section 1, Line 9: Delete “or television 

station,” 
 
Page 5, Section 1, Line 10: After “any” insert “television 

station,” 
 
Page 5, Section 1, Line 45:  After “media;” insert “to a 

school administrator, 
attorney, family member, or 
other advocate for purposes of 
reporting conduct that may 
constitute a violation of this 
section;” 

 
Page 6, Section 2, Line 4: Delete “2.” and insert “3.” 
 

       Respectfully, 

 [seal] 
       /s/ Philip D. Murphy 
       

Governor 
 
 
Attest: 
 
/s/ Kate E. McDonnell 
 
Chief Counsel to the Governor 

 



03/17/2025

Governor Murphy Takes Action on Legislation

TRENTON – Today, Governor Murphy signed the following bills into law: 

S-2423/ACS for A-3678 (Pou, McKnight/Reynolds-Jackson, Wimberly, Moen) - Renames Juvenile Justice
Commission as Youth Justice Commission

S-3466/A-4627 (McKeon, Greenstein/Collazos-Gill, DiMaio) - Extends expiration date of special appraisal process for
Green Acres and farmland preservation program; provides aid for watershed lands

AJR-159/SJR-109 (Sumter, Verrelli, Wimberly/McKnight, Mukherji) - Designates November 14 of each year as Ruby
Bridges Walk to School Day

Governor Murphy conditionally vetoed the following bills: 

ACS for A-3540/SS for S-2544 (Conaway, Greenwald, Park/Moriarty, Corrado) –CONDITIONAL - Establishes criminal
penalties for production or dissemination of deceptive audio or visual media, commonly known as “deepfakes”

Copy of Statement 

A-3881/S-2513 (Quijano, Park/Stack, McKnight) – CONDITIONAL - Prohibits dissemination of certain criminal
history background information

Copy of Statement 

Governor Murphy issued an absolute veto on the following bill:

A-3667/S-1138 (Freiman, Park/McKeon) - ABSOLUTE - Permits dental service corporations to be subsidiaries of
nonprofit parent companies

Copy of Statement

12/1/25, 11:53 AM Office of the Governor | Governor Murphy Takes Action on Legislation

https://nj.gov/governor/news/news/562025/approved/20250317a.shtml 1/1

https://d31hzlhk6di2h5.cloudfront.net/20250317/f0/0e/5d/d8/ef10fa64a97cb631bfe65f02/A3540CV.pdf
https://d31hzlhk6di2h5.cloudfront.net/20250317/c4/7a/e5/e8/71b4fbb93270afc39d9dfcdc/A3881CV.pdf
https://d31hzlhk6di2h5.cloudfront.net/20250317/03/ff/b0/7f/8f114d291849d4e435c775da/A3667AV.pdf


04/02/2025

Governor Murphy Signs Bipartisan Legislation
Establishing Civil and Criminal Penalties for
Deceptive AI Deepfakes

NEWARK — Governor Phil Murphy today signed A3540/S2544, establishing civil and criminal penalties for the
production and dissemination of deceptive audio or visual media, commonly known as "deepfakes." The Governor was
joined by Lieutenant Governor Tahesha Way, Attorney General Matt Platkin, and Westfield High School junior and
advocate Francesca Mani.

“I am proud to sign today’s legislation and take a stand against deceptive and dangerous deepfakes,” said Governor
Murphy. “While artificial intelligence has proven to be a powerful tool, it must be used responsibly. My Administration
is laser-focused on combatting misinformation and ensuring media integrity. We stand with the victims of deepfake
imagery and will continue to prioritize the safety and well-being of all New Jerseyans.”

“While AI technologies present significant opportunity, as a parent, I share the Governor’s concern for the ways bad
actors can use AI to endanger and harm our children. And as Secretary of State I also share concerns for interference
with our elections,” said Lt. Governor Tahesha Way, who serves as Chief Elections Official in her capacity of Secretary
of State. “Deepfakes are a powerful tool for deception, capable of undermining public trust. And, election interference
is not just an attack on a process—it is an attack on the very foundation of our democracy. This legislation sends a
clear message: New Jersey is ready for AI – both for all the good it can do, as well as the dangers it presents. And
further, we will not tolerate attempts to manipulate our democratic processes. By establishing civil and criminal
penalties for the creation and distribution of deceptive media, we are equipping our state with the tools to hold bad
actors accountable.”

“Artificial intelligence can be used maliciously or irresponsibly to damage lives and reputations by producing or
disseminating deceptive audio or visual media, commonly known as ‘deepfakes,’” said Attorney General Matthew J.
Platkin. “This new law is aimed at those who would misuse this powerful technology to defraud or hurt others, and
provides carefully tailored criminal and civil safeguards and remedies to protect the public when deepfakes are used
improperly. We are grateful to the Legislature and Governor Murphy for enacting these new protections.”

Deepfakes are unauthorized photos and videos that have been nefariously manipulated into misleading imagery,
including pornographic content. Bad actors have abused artificial intelligence tools to manufacture another person’s
appearance and distribute fake, illicit material. Victims depicted in deepfake content are often left to navigate these
violations of their privacy and trust, experience backlash from peers and loved ones, and combat falsehoods without
the ability to criminally prosecute the offender and pursue justice.

Today’s legislation was inspired partly by the advocacy of Francesca Mani, a student at Westfield High School who
has called for change after being targeted and victimized by peers that created and shared AI-generated, explicit
images. Governor Murphy spoke with Francesca and her mother in September 2024 to express his admiration and
support as they continued their journey to justice.

12/1/25, 11:59 AM Office of the Governor | Governor Murphy Signs Bipartisan Legislation Establishing Civil and Criminal Penalties for Deceptive AI D…

https://nj.gov/governor/news/news/562025/approved/20250402a.shtml 1/3



“I’m proud to have advocated for AI legislation since 2023 and honored to join Governor Phil Murphy as he signs this
into law,” said AI deepfake victim turned advocate Francesca Mani, TIME100 Most Influential Person in AI. “This
victory belongs to every woman and teenager told nothing could be done, that it was impossible, and to just move on.
It’s proof that with the right support, we can create change together.”

Under the provisions of this law, individuals making or distributing deceptive audio or visual media for the furtherance
of additional criminal activity are committing a crime of the third degree and may be subject to imprisonment and a
fine of up to $30,000.

“The rapid proliferation of AI-generated deepfakes highlights the need for strong legislation to protect victims and
prevent misuse,” said Congressman Tom Kean, Jr. “I commend Governor Murphy and the New Jersey Legislature for
taking decisive action to establish criminal penalties for those who create or distribute harmful deepfakes. In
Congress, I remain committed to advancing federal protections for children, women, and all victims of this emerging
technology.”

The primary sponsors of A3540/S2544 are Congressman and former Assemblyman Herb Conaway, Majority Leader
Louis Greenwald, Assemblywoman Ellen Park, and Senators Paul Moriarty and Kristin Corrado.

“When used maliciously, deepfake technology can dismantle lives, distort reality, and exploit the most vulnerable
among us," said Congressman Conaway. "I’m proud to have sponsored this legislation when I was still in the
Assembly, as it will help us keep pace with advancing technology. This is about drawing a clear line between
innovation and harm. It’s time we take a firm stand to protect individuals from digital deception, ensuring that AI
serves to empower our communities.”

“Deepfakes have the potential to cause irreparable harm when used for criminal purposes" said Majority Leader Lou
Greenwald. "This legislation takes a proactive approach to technological advancements and will safeguard New
Jersey residents. By establishing additional penalties for the use of this technology to commit crimes, we can deter
the use of deepfakes and provide judicial remedies for victims.”

“Deepfakes have evolved beyond just altered images – they now encompass all forms of audio and visual media and
unfortunately, they are increasingly being used to threaten and invade individuals' lives and personhoods,” said
Assemblywoman Ellen Park. “This legislation is essential in our efforts to stay ahead of the malicious use of deepfake
technology, ensuring that this deceptive content doesn't cause issues that are beyond our control.”

"With Governor Murphy's signing of this bill into law, we are sending a strong message that we will not tolerate
counterfeit technology designed to deceive and mislead people,” said Senator Paul Moriarty. “Our democracy
depends on trust, and this law helps us build that trust by keeping those who might disrupt it on their toes. The people
of New Jersey must be protected from lies and manipulation, and this law is crucial to that protection."

"The public sharing of unlawfully generated 'deepfakes' can be just as devastating for a victim as having a real form of
media disseminated without their consent. This is especially true in cases where artificial intelligence has been used
to create pornography," said Senator Kristin Corrado. "We have an ethical responsibility to uphold transparency in the
digital age. With the Governor’s signature, we’re taking a crucial step forward to protect individuals from the damaging
effects of deceptive AI generated media by holding bad actors accountable."

“Whether the targets are school children or adults, deepfakes can lead to deep problems on par with being a victim of

12/1/25, 11:59 AM Office of the Governor | Governor Murphy Signs Bipartisan Legislation Establishing Civil and Criminal Penalties for Deceptive AI D…

https://nj.gov/governor/news/news/562025/approved/20250402a.shtml 2/3



fraud or identify theft,” said AFT New Jersey President Jennifer S. Higgins. “With this legislation, New Jerseyans will
know that bad actors who produce deepfake audio or visuals will face serious consequences.”

“The New Jersey Coalition Against Sexual Assault (NJCASA) strongly supports New Jersey Bill S2544 as a critical
step in addressing a rapidly growing and dangerous form of image-based sexual violence that not only invades
privacy, but also inflicts profound psychological harm and amplifies a culture of sexual violence,” said Co-Director of
NJCASA Denise Rodriguez, PhD. “We are grateful to Governor Murphy, the sponsors of the bill, and all those who
supported it in taking steps toward a safer and more just New Jersey where the harmful consequences of image-
based sexual violence are addressed with the urgency and seriousness they deserve.”

"The public at large gets their news online, and they believe what they see, especially if it is in a visual or audio
format,” said New Jersey Institute of Technology Professor Vincent Oria, PhD, Chair of the Department of Computer
Science. “I am happy that New Jersey is criminalizing the production and dissemination of deceptive media."

12/1/25, 11:59 AM Office of the Governor | Governor Murphy Signs Bipartisan Legislation Establishing Civil and Criminal Penalties for Deceptive AI D…

https://nj.gov/governor/news/news/562025/approved/20250402a.shtml 3/3



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