Privacy Law Library

Deceptive Audio or Visual Media (Deepfake) Law

NJ Deepfake Law

Artificial intelligence · Other

This 2025 law makes it a crime to create or spread AI-generated or other technically produced deepfakes to commit or further crimes such as harassment, sexual exploitation, or election interference. It also lets victims, including families of deceased victims, sue for damages.

Where

New Jersey

Citation

N.J.S.A. 2C:21-17.7 to 2C:21-17.8; P.L.2025, c.40 (A3540)

Status

In force

In force since

2025-04-02

Enforced by

County prosecutors and the Attorney General (criminal); private civil action by victims in Superior Court

People can sue

Yes

Penalties

Creating a deepfake to commit or further a crime, or soliciting, disclosing, or using one for that purpose, is a third-degree crime; knowingly or recklessly disclosing an unlawfully created deepfake is a fourth-degree crime; fines up to $30,000, and sentences run consecutively to the underlying offense (2C:21-17.8(b)-(e)). Victims may recover actual damages of at least $1,000 per knowing or reckless violation, punitive damages, attorney's fees, and equitable relief, without a prior conviction (2C:21-17.8(f)).

Applies to

• Natural persons who, without license or privilege, create, solicit, disclose, or use deceptive audio or visual media (deepfakes) to attempt or further a crime or offense, or knowing another will so use it (2C:21-17.8(b)-(c))
• Excludes satire, parody, commentary, news reporting, research and similar content; interactive computer services, cloud providers, and AI developers not treated as publishers under 47 U.S.C. 230; and ad-carrying media whose role is limited to selling ad space (2C:21-17.8(g))