Bill Text: NJ S2544 | 2024-2025 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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

Spectrum: Bipartisan Bill

Status: (Introduced) 2024-06-24 - Reported from Senate Committee as a Substitute, 2nd Reading [S2544 Detail]

Download: New_Jersey-2024-S2544-Amended.html

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[First Reprint]

SENATE, No. 2544

STATE OF NEW JERSEY

221st LEGISLATURE

 

INTRODUCED FEBRUARY 8, 2024

 

 

Sponsored by:

Senator  PAUL D. MORIARTY

District 4 (Atlantic, Camden and Gloucester)

Senator  KRISTIN M. CORRADO

District 40 (Bergen, Essex and Passaic)

 

Co-Sponsored by:

Senator Bramnick

 

 

 

 

SYNOPSIS

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

 

CURRENT VERSION OF TEXT

     As reported by the Senate Law and Public Safety Committee on March 7, 2024, with amendments.

  

An Act establishing criminal penalties for the production and dissemination of deceptive audio or visual media and supplementing Title 2C of the New Jersey Statutes.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.  a.  As used in P.L.    , c.    (C.        ) (pending before the Legislature as this bill):

     "Deceptive audio or visual media" means any video recording, motion picture film, sound recording, electronic image, photograph, ¹[or]¹ any technological representation of speech or conduct substantially derivative thereof ¹, or any forgery or facsimile of a document or writing,¹ that appears to ¹[authentically] a reasonable person to realistically¹ depict any speech ¹[or] ,¹ conduct ¹, or writing¹ of a person who did not in fact engage in the speech ¹[or] ,¹ conduct ¹, or writing¹ and the production of which was substantially dependent upon technical means, rather than the ability of another person to physically or verbally impersonate the person.

     "Disclose" means to sell, manufacture, give, provide, lend, trade, mail, deliver, transfer, publish, distribute, circulate, disseminate, present, exhibit, advertise, offer, share, or make available via the Internet or by any other means, whether for pecuniary gain or not.

     b.    A person commits a crime of the third degree if, without license or privilege to do so, the person generates or creates, or causes to be generated or created, a work of deceptive audio or visual media ¹[for an unlawful purpose.

     The trier of fact may infer that the deceptive audio or visual media was generated or created for an unlawful purpose if the work] that¹ is ¹[subsequently]¹ used as part of a plan or course of conduct to commit ¹[one or more of the following offenses:

     (1) harassment, pursuant to N.J.S.2C:33-4;

     (2) cyber harassment, pursuant to section 1 of P.L.2013, c.272 (C.2C:33-4.1);

     (3) theft by deception, pursuant to N.J.S.2C:20-4;

     (4) theft by extortion, pursuant to N.J.S.2C:20-5;

     (5) false incrimination or reports, pursuant to N.J.S.2C:28-4; or

     (6) invasion of privacy, pursuant to section 1 of P.L.2003, c.206 (C.2C:14-9)] any crime or offense including but not limited to:

     (1) a crime or offense under chapters 14, 16, 20, 21, or 28 of Title 2C of the New Jersey Statutes;

     (2) advertising commercial sex abuse of a minor, pursuant to section 12 of P.L.2013, c.51 (C.2C:13-10);

     (3) endangering the welfare of children, pursuant to
N.J.S.2C:24-4;

     (4) threats or improper influence in official and political matters, pursuant to N.J.S.2C:27-3;

     (5) false public alarms, pursuant to N.J.S.2C:33-3;

     (6) harassment, pursuant to N.J.S.2C:33-4 et seq.; or

     (7) hazing, pursuant to section 1 of P.L.1980, c.169
(C.2C:40-3)¹.

     c.  A person commits a crime of the third degree if, without license or privilege to do so, the person discloses a work of deceptive audio or visual media that the person knows or reasonably should know was created in violation of subsection b. of this section ¹[without] . 

     It is an affirmative defense to prosecution under this subsection if the disclosed work is¹ clearly ¹[identifying it] identified¹ as a work of deceptive audio or visual media.  ¹This affirmative defense shall not apply where the disclosed work depicts less than completely and opaquely covered intimate parts, sexual penetration, or sexual contact, as those terms are defined in N.J.S.2C:14-1.¹

     In addition to any term of imprisonment imposed pursuant to N.J.S.2C:43-6 and notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine of up to $30,000 may be imposed for a violation of this subsection.

     d.    A person who violates the provisions of P.L.    , c.     (C.        ) (pending before the Legislature as this bill) shall be liable to the individual depicted in the deceptive audio or visual media, who may bring a civil action in the Superior Court.  The court may award:

     (1) actual damages, but not less than liquidated damages computed at the rate of $1,000 for each violation of P.L.    ,
c.     (C.        ) (pending before the Legislature as this bill);

     (2) punitive damages upon proof of willful or reckless disregard of the law;

     (3) reasonable attorney's fees and other litigation costs reasonably incurred; and

     (4) such other preliminary and equitable relief as the court determines appropriate. 

     A conviction for a violation of P.L.    , c.     (C.        ) (pending before the Legislature as this bill) shall not be a prerequisite for a civil action brought pursuant to this subsection.  The civil action authorized by this subsection shall be in addition to, and not in lieu of, any other civil action, injunctive relief, or other remedy available at law, including, but not limited to, a civil action for common law defamation, libel, slander, invasion of privacy, false light, misappropriation of identity, intrusion of privacy, or public disclosure of private facts.

     e.  A final judgment rendered in favor of the State in any criminal proceeding shall estop the person from denying the same conduct in any civil action brought pursuant to this section.

     f.     (1) This section shall not be construed to alter or negate any rights, obligations, or immunities of an interactive computer service provider pursuant to 47 U.S.C. s.230.

     (2)   Criminal and civil penalties imposed pursuant to this section shall not apply to the news media or a news agency, as those terms are defined in section 2 of P.L.1977, c.253 (C.2A:84A-21a), unless the news media or news agency broadcasts or publishes a work of deceptive audio or visual media, created in violation of this section, that the news media or news agency knows was created in violation of this section and fails to clearly identify the work as deceptive audio or visual media.

     ¹g.   Notwithstanding the provisions of N.J.S.2C:1-8 or any other provisions of law:

     (1) a conviction arising under subsection b. of this section shall not merge with a conviction under subsection c. of this section, nor shall a conviction under subsection c. of this section merge with a conviction under subsection b. of this section; and

     (2) a conviction arising under subsection b. of this section shall not merge with a conviction of any of the underlying offenses referred to in subsection b. of this section, nor shall any conviction for such underlying offense merge with a conviction under subsection b. of this section.  The court shall impose separate sentences upon a conviction under subsection b. of this section and a conviction of any underlying offense.¹

 

     2.    This act shall take effect immediately.