In one paragraph
S 329 would expand New Jersey's identity theft crime to cover falsely depicting someone with a deepfake to gain a benefit or to injure or defraud them. A deepfake here is AI-generated or manipulated audio, video, speech or text that a reasonable person would believe shows the person, made without consent and likely to cause harm. Penalties would scale with the number of victims, from a fourth-degree crime (up to 18 months) for one victim to a second-degree crime (5 to 10 years) for five or more. Courts could order the deepfake destroyed and a public retraction at the defendant's expense. Pending in the Senate Judiciary Committee.
Plain-English summary, written with AI assistance. The official text controls.
What it means for business
No direct business obligations. If enacted, using a deepfake of someone to gain a benefit or cause harm would be prosecuted as identity theft in New Jersey.
Key provisions
- Adds 'falsely depicts another' to New Jersey's identity theft crime (N.J.S.2C:21-17), alongside impersonation, when done to obtain a benefit or to injure or defraud
- 'False personation record': AI-generated or substantially manipulated audio, video, speech or text that a reasonable person would believe is real, made without consent and substantially likely to cause harm
- False depiction means using or distributing such a record knowing it is false and intending to misrepresent its authenticity or origin
- One victim: fourth-degree crime (up to 18 months, fine up to $10,000), third degree on a repeat conviction; 2-4 victims: third degree; 5 or more: second degree (5-10 years, fine up to $150,000)
- Courts may order the deepfake destroyed and a public retraction at the defendant's expense
- A civil suit for economic losses does not bar suits for defamation, false light, invasion of privacy or misappropriation of identity
- Introduced January 13, 2026 and referred to the Senate Judiciary Committee
Latest legislative action
Jan 13, 2026. Introduced in the Senate, Referred to Senate Judiciary Committee
Sponsors (showing 5 of 28)
| Name | Role |
|---|---|
| Cruz-Perez, Nilsa D | Primary |
| Greenstein, Linda R. | Primary |
| Scutari, Nicholas P. | Primary |
| Singleton, Troy D | Primary |
| Smith, Bob D | Primary |
Topics and industries
Related topics
Affected industries
This page is general information, not legal advice. Summaries are AI-assisted and may contain errors; read the statute for the controlling text and talk to a lawyer about your situation. Full disclaimer · Report an error