NJ A4435: Updates certain crimes to include nonconsensual pornographic deepfake threats and disclosure. Reviewed

Bill A4435, introduced in the New Jersey Legislature, amends P.L.2003, c.206 and N.J.S.2C:13-5 to address nonconsensual pornographic deepfake threats and disclosures. It criminalizes both the creation and disclosure of deepfake images without consent, focusing primarily on disclosure. Under Section 1, disclosing such images can be a crime of the third or fourth degree. A third-degree crime involves nonconsensual disclosure of images depicting intimate parts or sexual acts, punishable by imprisonment for three to five years and a fine up to $15,000. A fourth-degree crime involves disclosing deepfake images with reckless disregard, punishable by up to 18 months in prison and a fine up to $10,000. Additionally, a fine not to exceed $30,000 may be imposed for violations of subsection c, which involves the disclosure of images taken in violation of subsection b. The bill also amends N.J.S.2C:13-5 to include threats to disclose deepfake images as criminal coercion. An affirmative defense is available if the actor provided prior notice and acted with a lawful purpose. The bill specifies conditions under which observing or recording in fitting rooms is not a violation, provided notice is posted.