According to the bill's sponsor:
This bill prohibits the emerging technological phenomenon of sexually “deceptive audio or visual media,” commonly known as “deepfakes.” Unlike older forms of audio or visual manipulation, the creator of a deepfake uses newer technology such as artificial intelligence with the intent of making it appear, as realistically as possible, that the person being depicted has engaged in activity that did not actually occur. Deepfakes have been intentionally used to embarrass or harass a person, or to cast that person in a false light. When the person being depicted is a child, deepfake technology has the potential to create realistic pornography involving the child.
The penalty for non-consensual disclosure of deceptive audio or visual media is the same as for non-consensual disclosure of so-called “revenge porn” under the invasion of privacy statute, which under current law is a crime of the third degree. A crime of the third degree is punishable by three to five years imprisonment, a fine of up to $15,000, or both. The penalty for deceptive audio or visual media depicting the sexual exploitation or abuse of a child is the same as for distributing, possessing, or storing child pornography, which under current law is a crime of the second degree for less than 1,000 items and a crime of the first degree for 1,000 or more items. A crime of the second degree is punishable by five to ten years imprisonment, a fine of up to $150,000, or both. A crime of the first degree is punishable by 10 to 20 years imprisonment, a fine of up to $200,000, or both.
The person depicted in the non-consensual disclosure may also bring a civil action in the Superior Court for invasion of privacy.
Takes effect immediately upon enactment.
Latest Action: Introduced, Referred to Assembly Judiciary Committee on March 8, 2023
Deadline: January 9, 2023
