NJ A3540: Establishes criminal penalties for production or dissemination of deceptive audio or visual media, commonly known as "deepfakes."

In one paragraph

New Jersey's A 3540 (P.L.2025, c.40) makes it a third-degree crime for a person, without license or privilege, to create a deepfake (deceptive audio or visual media) to attempt or further any crime or offense, or to solicit, disclose or use one for that purpose; knowingly or recklessly disclosing a deepfake made in violation is a fourth-degree crime. A fine of up to $30,000 may be added, sentences must run consecutively with the underlying offense, and victims may sue for at least $1,000 per knowing or reckless violation. Approved April 2, 2025; effective immediately.

Plain-English summary, written with AI assistance. The official text controls.

What it means for business

AI developers, cloud providers and platforms are exempt unless treated as a publisher or content provider under Section 230. Anyone who creates or shares a deepfake to commit a crime faces third-degree charges, fines up to $30,000 and civil suits.

Key provisions

1. 1C.2C:21-17.8: deceptive audio or visual media is a recording, film, image, photograph, derivative representation, or forged document or writing that appears to a reasonable person to realistically depict speech, conduct or writing of a person who did not engage in it, produced substantially by technical means rather than impersonation
2. 2Third-degree crime for a natural person, without license or privilege, to generate or create (or cause to be created) such media to attempt or further any crime or offense, or knowing another will use it that way, including harassment, cyber-harassment, threats in official and political matters, endangering children, false public alarms and hazing
3. 3Third-degree crime to solicit, disclose or use such media for that purpose; fourth-degree crime to knowingly or recklessly disclose media created in violation of the law
4. 4A fine of up to $30,000 in addition to imprisonment; third-degree convictions do not merge with each other or with the underlying offense, and the court must impose consecutive sentences for them and the underlying offense
5. 5Victims may sue in Superior Court for actual damages of not less than $1,000 per knowing or reckless violation, punitive damages for willful disregard of the law, attorney's fees and equitable relief; no criminal conviction is needed
6. 6Exempt: content a reasonable person would understand as criticism, comment, satire, parody, news reporting, teaching, scholarship or research, or would not believe authentic; interactive computer services, cloud providers and commercial AI developers not deemed publishers under 47 U.S.C. § 230; ad channels that only sell time or space; news outlets reporting newsworthy facts with a disclaimer; reports to law enforcement
7. 7Approved April 2, 2025 after both houses concurred in the Governor's conditional veto recommendations (P.L.2025, c.40); effective immediately

Latest legislative action

Apr 2, 2025. Approved P.L.2025, c.40.

Sponsors (showing 5 of 24)

Roll call votes (showing 3 of 8)

Related and companion bills

• New Jersey S2483Prohibits creation or disclosure of deceptive audio or visual media, known as "deepfakes,…