- posted: Sep. 24, 2025
Artificial intelligence and other forms of sophisticated digital technology offer many benefits. In seconds, someone can imagine any type of scenario and develop a realistic image depicting what they’ve typed. Likewise, actual photos or videos can be manipulated in a manner that is very difficult to detect. Though most people who take advantage of this technology will do so without harming others, it is easy to contemplate how false images of actual people, sometimes referred to “deepfakes,” can destroy an innocent individual’s reputation.
Along with numerous other states, New Jersey has enacted legislation imposing significant penalties for the creation of deceptive audio or video used in furtherance of criminal activity. This law encompasses media where a person is realistically depicted engaging in speech, conduct or writing that they did not actually engage in. Specific crimes in which deepfakes might be utilized include the following:
Sexual abuse of a minor or endangering the welfare of child
Harassment, including cyber-harassment
False public alarms
Threats or improper influence in political matters
Hazing
This is not an exhaustive list. Using a deepfake in conjunction with criminal activity is a third-degree crime, punishable by a maximum $30,000 fine and a prison sentence of up to five years.
The impetus for the bill was a disturbing incident at a New Jersey high school, where a student was victimized by classmates who created and disseminated explicit AI-generated images. This incident highlighted the profound emotional and reputational harm that deepfakes can inflict on individuals, especially minors, who may find their lives irreparably damaged by false and malicious digital content.
A previous version of the law was revised because there were concerns about its Constitutionality and effect on free speech. Though false representations that appear very convincing due to AI or other technology can be very harmful, there is a danger of prosecutorial overreach. Parodies or jokes that are obviously unrealistic portrayals could be misinterpreted or exploited by authorities. Accusations involving this new offense or other types of online activity demand a strong criminal defense attorney who can counter unwarranted allegations and identify weaknesses in the government’s case.
The Law Offices of Eric B. Morrell in New Brunswick provides exceptional representation to New Jersey clients accused of various criminal offenses. For a free consultation about your legal rights, please call 908-768-3837 or contact me online.
- posted: Sep. 24, 2025
Artificial intelligence and other forms of sophisticated digital technology offer many benefits. In seconds, someone can imagine any type of scenario and develop a realistic image depicting what they’ve typed. Likewise, actual photos or videos can be manipulated in a manner that is very difficult to detect. Though most people who take advantage of this technology will do so without harming others, it is easy to contemplate how false images of actual people, sometimes referred to “deepfakes,” can destroy an innocent individual’s reputation.
Along with numerous other states, New Jersey has enacted legislation imposing significant penalties for the creation of deceptive audio or video used in furtherance of criminal activity. This law encompasses media where a person is realistically depicted engaging in speech, conduct or writing that they did not actually engage in. Specific crimes in which deepfakes might be utilized include the following:
Sexual abuse of a minor or endangering the welfare of child
Harassment, including cyber-harassment
False public alarms
Threats or improper influence in political matters
Hazing
This is not an exhaustive list. Using a deepfake in conjunction with criminal activity is a third-degree crime, punishable by a maximum $30,000 fine and a prison sentence of up to five years.
The impetus for the bill was a disturbing incident at a New Jersey high school, where a student was victimized by classmates who created and disseminated explicit AI-generated images. This incident highlighted the profound emotional and reputational harm that deepfakes can inflict on individuals, especially minors, who may find their lives irreparably damaged by false and malicious digital content.
A previous version of the law was revised because there were concerns about its Constitutionality and effect on free speech. Though false representations that appear very convincing due to AI or other technology can be very harmful, there is a danger of prosecutorial overreach. Parodies or jokes that are obviously unrealistic portrayals could be misinterpreted or exploited by authorities. Accusations involving this new offense or other types of online activity demand a strong criminal defense attorney who can counter unwarranted allegations and identify weaknesses in the government’s case.
The Law Offices of Eric B. Morrell in New Brunswick provides exceptional representation to New Jersey clients accused of various criminal offenses. For a free consultation about your legal rights, please call 908-768-3837 or contact me online.
