A new law signed by New Jersey governor Phil Murphy makes it illegal to create and distribute “deepfake” media when that media is being for certain types of criminal purposes. The new law targets the increasing use of images, videos, and audio recordings that have been created using artificial intelligence tools and then used to defraud, harass, or harm individuals.

It is becoming easier and easier to use online tools, including generative artificial intelligence tools, to create realistic looking and sounding media that can be used for any number of purposes. If you have been accused of using or sharing of any kind of artificially-created media in a way that violates any law, the Lento Law Firm's Criminal Defense Team is ready to defend you and fight for your rights. Call us today at 888.535.3686 or fill out our contact form, and we will schedule a confidential consultation to discuss your case.

New Jersey's New AI Deepfake Law

While the language of the new statute doesn't specifically use the words “artificial intelligence,” the preamble of the bill that was signed into law by the Governor makes it clear that it is the rise of increasingly sophisticated artificial intelligence tools that prompted the Legislature to pass a law that makes it a crime to use AI-generated “deepfake” technology to create “deceptive audio or visual media” for certain criminal purposes.

The law itself prohibits the use by anyone of “a work of deceptive audio or visual media” when the purpose of creating the media is to commit or attempt to commit “any crime or offense,” including:

• Sex-related crimes
• Bias intimidation
• Theft crimes
• Forgery and fraud-related crimes
• Defrauding law enforcement
• Obstruction of justice
• Advertising commercial sex abuse of a minor
• Endangering the welfare of children
• Improperly influencing “official and political matters”
• Creating “false public alarms”
• Harassment, including cyber-harassment
• Hazing

Violation is a crime of the third degree, which in New Jersey carries a penalty of between 3 and 5 years in prison.

You don't have to be the one responsible for creating the deepfake to violate the new law. It also makes it a crime of the third degree if someone “solicits, discloses, or uses” a deepfake for criminal purposes. And “knowingly or recklessly” sharing a deepfake that is illegal under the statute is also a crime – a crime of the fourth degree, which can land you in jail for up to 18 months.

The new law makes it clear that any of its penalties are to be imposed in addition to the penalties that come with a conviction of any underlying crimes, and that sentences for the third degree crime violations must be imposed consecutively – meaning you can't serve the sentence for the deepfake crime at the same time you're serving the sentence for any underlying crime.

The Lento Law Firm Can Defend You Against Deepfake Criminal Charges

If you are accused of violating New Jersey's new deepfake law, the Lento Law Firm's Criminal Defense Team is here to help. Our experienced attorneys defend clients against all types of criminal charges in courts all across New Jersey, and we are ready to help you understand the charges you're facing and will protect your rights throughout your criminal case. We know the courts, the prosecutors, and the procedures that apply in criminal cases, and we will fight to defend you against the allegations you're facing.

The new deepfake law is likely to be challenged in court on any number of grounds, including its constitutionality given that it arguably deals with free speech issues. Our Criminal Defense Team will stay on top of the developing law in this area so that if you face charges for violating the deepfake law, we will be able to provide you with the strongest defense possible.

To learn more about how the Lento Law Firm's Criminal Defense Team can defend you against criminal charges in New Jersey, call us at 888.535.3686 or fill out our contact form and we will contact you to schedule a confidential consultation with one of our experienced attorneys.