In one paragraph
New Jersey's S736 would extend the identity theft crime to impersonating or falsely depicting another person by means of AI or deepfake technology. A 'false personation record' is computer-generated or substantially manipulated media or text that appears to show a real person doing something they did not do, without consent, and is substantially likely to cause perceptible individual or societal harm. Grading follows the benefit or number of victims: fourth degree for one victim up to second degree for five or more. Pre-filed for the 2024 session. A bill of the Legislature's 2024-2025 session, which ended January 13, 2026.
Plain-English summary, written with AI assistance. The official text controls.
What it means for business
People who use AI or deepfakes to impersonate someone for a benefit or to defraud would face identity theft charges and treble civil damages. Ordinary businesses face no new duties.
Key provisions
- Section 1a: impersonating or falsely depicting another, by any means including software, to obtain a benefit or to injure or defraud is identity theft.
- Section 1f: 'falsely depict' means using or distributing a false personation record knowing it is false and intending to misrepresent its authenticity or origin.
- Section 1c: fourth degree for a benefit under $500 or one victim; third degree for $500 to under $75,000 or two to four victims; second degree for $75,000 or more or five or more victims.
- Section 1e: the sentencing court must issue orders needed to correct public records, including a public retraction of the false depiction and destruction of the false personation record at the defendant's expense; restitution is discretionary.
- Section 2: victims with an ascertainable loss may sue; the court must award treble damages, with the cost categories listed, and a conviction bars denying the conduct in the civil case.
- Section 3: takes effect immediately.
Latest legislative action
Jan 9, 2024. Introduced in the Senate, Referred to Senate Judiciary Committee
Sponsors
| Name | Role | District |
|---|---|---|
| Brian Stack D | Sponsor | SD-033 |
| Douglas Steinhardt R | Sponsor | SD-023 |
| Kristin Corrado R | Sponsor | SD-040 |
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