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Bill > A5250
NJ A5250
NJ A5250Imposes additional penalties for invasion of privacy where victim is candidate for public office.
summary
Introduced
01/30/2025
01/30/2025
In Committee
01/30/2025
01/30/2025
Crossed Over
Passed
Dead
Introduced Session
2024-2025 Regular Session
Bill Summary
This bill prohibits the non-consensual disclosure of an intimate image or forged intimate image of a candidate for public office, and makes unlawful disclosure a crime of the third degree. A crime of the third degree is punishable by a term of imprisonment of three to five years, a fine of up to $15,000, or both. A candidate who is the victim of an unlawful disclosure may also pursue a civil action against the perpetrator. Under the bill, "intimate image" is defined as any photograph, film, videotape, recording, digital file, or any other reproduction of the image of a person whose intimate parts are wholly or partially exposed or covered only by an undergarment, or who is engaged in an act of sexual penetration, sexual arousal, or sexual gratification. Intimate image includes an image that, by means of naming through captioning, metadata, or any other accompanying description, purports to be an image of the person named. Under the bill, "forged intimate image" is defined as any image that is generated or substantially modified using technological means such that it falsely appears to be a realistic intimate image, regardless of whether the image or any accompanying description indicates in any way that the purported intimate image is not authentic. Such an image is also commonly known as a "deepfake." The bill is intended to be applied in conjunction with the existing law on the invasion of privacy, N.J.S.A.2C:14-9. While the bill does not require any proof of intent to interfere in an election, such intent can be reasonably presumed and inferred from the fact that the victim of an invasion of privacy is a candidate for public office. Especially with respect to deepfakes, it has been widely reported that there are malicious actors who seek to disrupt or pervert the democratic process through the non-consensual disclosure of intimate images. Therefore, in the view of the sponsor, additional penalties are necessary in the election context to punish and deter such interference.
AI Summary
This bill establishes additional legal protections and penalties specifically for candidates for public office who become victims of non-consensual intimate image disclosure. The bill defines key terms such as "intimate image" (which includes photos or digital files showing exposed intimate body parts or sexual acts) and "forged intimate image" (commonly known as a "deepfake" - a technologically manipulated image that appears realistic). Under the bill, it is a third-degree crime to disclose an intimate or forged intimate image of a candidate without their consent, with potential penalties including three to five years imprisonment, a fine up to $15,000, or both. The legislation allows victims to pursue civil actions against perpetrators, seeking injunctive relief, damages, and potential attorney's fees. Importantly, the bill specifies that a candidate's original consent to being photographed does not imply consent to image disclosure, and the law cannot be circumvented by merging with existing invasion of privacy statutes. The bill's broader context suggests addressing potential malicious attempts to interfere with democratic processes by weaponizing intimate or fabricated images against political candidates, thereby protecting their privacy and reputation during elections.
Committee Categories
Justice
Sponsors (2)
Last Action
Introduced, Referred to Assembly Judiciary Committee (on 01/30/2025)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.njleg.state.nj.us/bill-search/2024/A5250 |
| BillText | https://pub.njleg.gov/Bills/2024/A5500/5250_I1.HTM |
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