P.L.2025, c.40 (A3540): civil and criminal penalties for producing and disseminating deceptive audio or visual media (deepfakes)

Summary

New Jersey made it a third-degree crime for a person to create, or cause to be created, deceptive audio or visual media (deepfakes) to attempt or further any crime or offense, and to solicit, disclose or use such media for that purpose; knowingly or recklessly disclosing such media is a fourth-degree crime. Fines of up to $30,000 may be imposed in addition to imprisonment, and convictions do not merge with the underlying offense. Victims may sue in the Superior Court for actual damages of at least $1,000 per knowing or reckless violation, punitive damages, fees and equitable relief. The law exempts criticism, satire, news reporting and similar content, and does not apply to interactive computer services, cloud providers or commercial AI developers that are not publishers of the content.

Key dates

1. 2025-04-02 (immediately)Takes effect
2. April 2, 2025Enacted
3. October 16, 2026Checked against sources

Developments are added when the record is reviewed. Next review: October 16, 2027.

Evidence

Each passage is quoted from its source. The quoted passages are re-checked against the live pages every month.

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

   Supports: Chapter, bill number and title

   A natural 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 for the purpose of attempting or furthering the commission of any crime or offense

   Supports: Core offense

   a fine of up to $30,000 may be imposed for a violation of this section

   Supports: Fine

   actual damages, but not less than liquidated damages computed at the rate of $1,000 for each knowing or reckless violation

   Supports: Civil remedy

   3. This act shall take effect immediately. Approved April 2, 2025.

   Supports: Approval and effective date

   P.L. 2025, c.040 (A3540 3R ACS) New Jersey Legislature (Office of Legislative Services) Primary source