Office of Legislative Services
State House Annex
P.O. Box 068
Trenton, New Jersey 08625
Legislative Budget and Finance Office
Phone (609) 847-3105
Fax (609) 777-2442
www.njleg.state.nj.us
LEGISLATIVE FISCAL ESTIMATE
SENATE COMMITTEE SUBSTITUTE FOR
SENATE, No. 2544
STATE OF NEW JERSEY
221st LEGISLATURE
DATED: JUNE 28, 2024
SUMMARY
Synopsis: Establishes criminal penalties for production or dissemination of
deceptive audio or visual media, commonly known as "deepfakes."
Type of Impact: Annual State expenditure and revenue increases.
Agencies Affected: The Judiciary; Department of Law and Public Safety; Office of the
Public Defender.
Office of Legislative Services Estimate
Fiscal Impact Annual
State Cost Increase Indeterminate
State Revenue Increase Indeterminate
The Office of Legislative Services (OLS) estimates that this bill may result in indeterminate
annual State cost and revenue increases.
The bill’s establishment of criminal penalties may result in the Department of Law and Public
Safety prosecuting additional cases; the Judiciary adjudicating additional cases; and the Office
of the Public Defender representing additional indigent defendants. The OLS cannot quantify
the exact fiscal impact since the number of cases and convictions resulting from the bill’s
provisions cannot be known.
The State may realize an indeterminate increase in annual revenues from the collection of
regular and enhanced fines and court fees. However, the State’s ability to collect these
penalties and fees has historically been limited.
BILL DESCRIPTION
This bill establishes criminal penalties for the production or dissemination of deceptive audio
or visual media, commonly known as “deepfakes.” FE to SCS for S2544
2
The bill defines deceptive audio or visual media and establishes a crime of the third degree if
a person, without license or privilege to do so, generates or creates, or causes to be generated or
created, deceptive audio or visual media that is used as part of a plan or course of conduct to
commit any crime or offense including, but not limited to, certain crimes or offenses listed in the
bill.
The bill also establishes a crime of the third degree if a person, without license or privilege to
do so, discloses a work of deceptive audio or visual media that the person knows or should
reasonably know was created in violation of the provisions of this bill. A crime of the third degree
is ordinarily punishable by a term of three to five years imprisonment, a fine of up to $15,000, or
both. However, the bill provides that a court may impose a fine of up to $30,000.
The civil action authorized by this bill is to be in addition to, and not in lieu, of any other civil
action, injunctive relief, or other remedy available at law.
FISCAL ANALYSIS
EXECUTIVE BRANCH
None received.
OFFICE OF LEGISLATIVE SERVICES
The OLS estimates that this bill may result in indeterminate annual State cost and revenue
increases.
The bill’s establishment of criminal penalties may result in the Department of Law and Public
Safety prosecuting additional cases; the Judiciary adjudicating additional cases; and the Office of
the Public Defender representing additional indigent defendants. The OLS cannot quantify the
exact fiscal impact since the number of cases and convictions resulting from the bill’s provisions
cannot be known. Generally, a presumption of non-incarceration applies for first time offenders
of crimes of the third degree, and therefore no costs are anticipated for the Department of
Corrections or the State Parole Board.
The bill establishes crimes of the third degree for certain deceptive audio or visual media
crimes. A crime of the third degree is ordinarily punishable by a term of three to five years
imprisonment, a fine of up to $15,000, or both. However, the bill provides that a court may impose
a fine of up to $30,000. The State may realize an indeterminate increase in annual revenues from
the collection of regular and enhanced fines and court fees; however, the State’s ability to collect
these penalties and fees has historically been limited.
Section: Judiciary
Analyst: Anuja Pande Joshi
Senior Fiscal Analyst
Approved: Thomas Koenig
Legislative Budget and Finance Officer
This legislative fiscal estimate has been produced by the Office of Legislative Services due to the
failure of the Executive Branch to respond to our request for a fiscal note.
This fiscal estimate has been prepared pursuant to P.L.1980, c.67 (C.52:13B-6 et seq.).