Bill > A4435

Introduced Session

This bill concerns criminal invasion of privacy and criminal coercion. Under current law, an actor commits a crime of the third degree if, knowing that he is not licensed or privileged to do so, he photographs, films, videotapes, records, or otherwise reproduces in any manner, an image of another person whose intimate parts are exposed, or who is engaged in an act of sexual penetration or sexual contact, without that person's consent and under circumstances in which a reasonable person would not expect to be observed. The nonconsensual disclosure of the image, film, videotape, recording, or reproduction is also a crime of the third degree. A crime of the third degree is punishable by imprisonment for three to five years, a fine of up to $15,000, or both. This bill amends current law to include nonconsensual pornographic deepfake images . Under the bill, a deepfake is an image, a video, or an audio recording of speech or conduct that appears to a reasonable person to realistically depict the speech or conduct of a person, who did not in fact engage in the speech or conduct, that has been created using advanced computer technology in a way that makes the image, video, or audio recording look authentic. Further, pursuant to this bill, an actor commits a crime of the fourth degree if, knowing that he is not licensed or privileged to do so, or with reckless disregard of any license or privilege to do so, he discloses any nonconsensual pornographic deepfake image based upon another person's image. A crime of the fourth degree is punishable by imprisonment for up to 18 months, a fine of up to $10,000, or both. Under current law, an actor commits criminal coercion if, with purpose unlawfully to restrict another's freedom of action to engage or refrain from engaging in conduct, he threatens to perform any act which would not in itself substantially benefit the actor but which is calculated to substantially harm another person with respect to his health, safety, business, calling, career, financial condition, reputation or personal relationships. This bill amends current law to make clear that this prohibition includes the making of any threat to disclose a nonconsensual pornographic deepfake image based upon another person's image.

AI Summary

Committee Categories

Andrea Katz (D)*, 

Introduced, Referred to Assembly Judiciary Committee (on 05/20/2024)

Official Document