New Jersey Senate Bill S736

New Jersey 2024-2025 Regular Session

• Introduced: 1/9/24
• Refer: 1/9/24

Caption

Extends crime of identity theft to include fraudulent impersonation or false depiction by means of artificial intelligence or deepfake technology.

Impact

The bill categorizes offenses based on the number of victims impacted, establishing a system of degrees for these crimes. For instance, impersonation affecting one victim is considered a crime of the fourth degree, which is punishable by up to 18 months of imprisonment and a fine. If the offense involves multiple victims (two to four or five and more), it escalates to higher degrees with increasingly severe penalties. This structure aims to provide a clear legal framework for addressing the complexities of crimes involving technology.

Summary

Senate Bill S736 amends existing laws regarding identity theft to specifically include fraudulent impersonation conducted through artificial intelligence and deepfake technology. The bill defines deepfakes as any audio or visual media materially generated or manipulated to misrepresent the identity of an individual. This legislative effort seeks to address the growing concerns surrounding the use of technology in identity theft and the potential for harming individuals through misleading and harmful content.

Contention

One notable point of contention is the grading of offenses, which could lead to debates about fairness in punishment, particularly as it pertains to varying degrees of harm caused to victims. Critics may argue that the law does not sufficiently cover non-criminal harm caused by deepfakes, such as reputational damage or emotional distress. Furthermore, concerns about the implications of the bill on freedom of expression and the potential misuse against individuals with malicious intent could be addressed in ongoing discussions around the legislation.