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

The New Jersey Act, codified as P.L.2025, c.40, establishes both civil and criminal penalties for the production and dissemination of deceptive audio or visual media, commonly referred to as 'deepfakes.' Under Section C.2C:21-17.8(b), a person commits a third-degree crime if they generate or create such media to further any crime or offense, including specific offenses like harassment and cyber-harassment. Section C.2C:21-17.8(c) outlines that a fourth-degree crime is committed if a person knowingly or recklessly discloses such media. The Act allows for fines up to $30,000 and provides victims the right to pursue civil actions for damages, as specified in Section C.2C:21-17.8(f). Notably, convictions under subsections b or c do not merge with underlying offenses, and consecutive sentences are mandated, as per Section C.2C:21-17.8(e). Exemptions are provided for content that a reasonable viewer would understand as criticism, comment, satire, parody, or other protected forms of expression, as well as for certain media and service providers, ensuring compliance with federal law.