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An Act establishing civil and criminal penalties for the production and dissemination of deceptive audio or visual media (P.L.2025, c.40)

Record US-NJ-01 · P.L.2025, c.40 (A3540 ACS, third reprint); N.J.S.A. 2C:21-17.7 and 2C:21-17.8

Issued by
New Jersey Legislature (A3540, substituted for S2544; sponsors incl. Asm. Herb Conaway); signed by Governor Phil Murphy
Jurisdiction
New Jersey (US)
Level · region
Sub-national · North America
Country
United States
Published / adopted
2025-04-02
In force
2025-04-02
Language
English
Official identifier
P.L.2025, c.40 (A3540 ACS, third reprint); N.J.S.A. 2C:21-17.7 and 2C:21-17.8

Summary

Defines 'deceptive audio or visual media' as recordings, images or other representations that appear to a reasonable person to realistically depict speech, conduct or writing of a person who did not engage in it, produced substantially by technical means. Generating such media, or soliciting, disclosing or using it, to attempt or further any crime or offence (such as harassment or endangering children) is a third-degree crime; knowingly or recklessly disclosing media so generated is a fourth-degree crime; fines reach USD 30,000. Victims can sue for actual damages of at least USD 1,000 per knowing or reckless violation, punitive damages, attorney's fees and equitable relief.

Safety topics

deepfakes & synthetic mediaaccountability & liability

Status notes

Introduced on 5 Feb 2024 as A3540, for which the Senate bill S2544 was substituted. The Governor conditionally vetoed the bill on 17 Mar 2025; the Assembly adopted his recommended amendments, which among other things made knowing or reckless disclosure a fourth-degree instead of a third-degree crime, and both houses passed it on 24 Mar 2025. Approved on 2 Apr 2025 and effective immediately. The law does not apply to content that a reasonable viewer or listener would understand as criticism, comment, satire, parody, news reporting, teaching, scholarship or research, nor to interactive computer service providers, cloud services providers or commercial AI developers not deemed publishers under 47 U.S.C. 230. Disclosure to law enforcement, to a school administrator or other advocate to report a violation, or for investigations of fraud, cybersecurity, identity theft or harassment is exempt. The Governor's office said the law was inspired partly by the advocacy of a Westfield High School student targeted by peers who created and shared AI-generated explicit images.

Sources

Open the official source https://repo.njstatelib.org//bitstreams/b2c951f8-5f1e-474e-a567-ec7897b82a3a/download

Secondary source: https://pub.njleg.state.nj.us/Bills/2024/AL25/40_.PDF

Local copy

Archived. The secondary source could not be downloaded (The connection timed out; the site may block this network. robots.txt could not be checked, which RFC 9309 treats as 'do not crawl'). Last attempt 2026-10-18 00:08:55 UTC

Official source (third-party copy, not published) archive/US-NJ-01/2026-10-11/official.pdf
Retrieved 2026-10-11 19:38:53 UTC
SHA-256 019cfeeca0f5270fee3cbf4bae3a6dcd04c7a07bb37d4dc9391467cc486bce06

Verification

B
Another official source, such as an announcement by the issuer, confirms the title, date and status. checked 2026-10-18 · alternative-official-url-fetched
Recheck of 18 Oct 2026: re-read the New Jersey State Law Library's legislative history checklist for Laws of 2025, Chapter 40 (stored from repo.njstatelib.org on 11 Oct 2026, unchanged on 17 Oct 2026). It holds the checklist (bill numbers, sponsor, introduction, passage and approval dates), the enacted Assembly Committee Substitute (Third Reprint), the chapter law as approved on 2 Apr 2025, earlier versions, the Governor's conditional veto of 17 Mar 2025 and his press release of 2 Apr 2025; together they confirm every field. The Legislature's chapter-law PDF on pub.njleg.state.nj.us timed out again on 17 Oct 2026. The State Law Library compiled the file but did not issue the law, so its quotes count as another official source.
Second check: Independent check by Claude Code (claude-sonnet-5-5), 2026-10-18: 7 field(s) supported.

History

  1. 2026-10-18notes: Both houses passed the bill on 24 Mar 2025 after the Assembly adopted the Govern → Introduced on 5 Feb 2024 as A3540, for which the Senate bill S2544 was substitut — rewritten from the chapter law, the conditional veto and the Governor's press release: introduction date, the conditional veto and what it changed, the exemptions, and the Westfield case as the press release describes it2026-10-18-recheck-americas-1 · Claude Code (claude-opus-5-5)
  2. 2026-10-18summary: Defines 'deceptive audio or visual media' as recordings, images or other represe → Defines 'deceptive audio or visual media' as recordings, images or other represe — corrected the offences: generating, soliciting, disclosing or using such media to attempt or further a crime is third-degree, but knowingly or recklessly disclosing media so generated is fourth-degree (the version 1 summary made 'knowingly disclose' third-degree)2026-10-18-recheck-americas-1 · Claude Code (claude-opus-5-5)

Related records

TAKE IT DOWN Act United States · In force

UK sexually explicit deepfake creation offence (DUAA 2025 s.138) United Kingdom · In force

Minnesota nudification technology ban (HF 1606) Minnesota (US) · In force

Wyoming HB 102 (AI deepfake and self-harm offences) Wyoming (US) · In force

Citation

New Jersey Legislature (A3540, substituted for S2544; sponsors incl. Asm. Herb Conaway); signed by Governor Phil Murphy. An Act establishing civil and criminal penalties for the production and dissemination of deceptive audio or visual media (P.L.2025, c.40) [P.L.2025, c.40 (A3540 ACS, third reprint); N.J.S.A. 2C:21-17.7 and 2C:21-17.8]. 2025-04-02. https://repo.njstatelib.org//bitstreams/b2c951f8-5f1e-474e-a567-ec7897b82a3a/download. Status: In force; verified 2026-10-18 (level B). Local copy archive/US-NJ-01/2026-10-11/official.pdf retrieved 2026-10-11 19:38:53 UTC, SHA-256 019cfeeca0f5270fee3cbf4bae3a6dcd04c7a07bb37d4dc9391467cc486bce06. Every AI Policy Ever, version 1.18 (snapshot 2026-10-18), record US-NJ-01.

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