LEGISLATIVE FISCAL ESTIMATE
[Second Reprint]
ASSEMBLY COMMITTEE SUBSTITUTE FOR
ASSEMBLY, No. 3540
STATE OF NEW JERSEY
221st LEGISLATURE
DATED: JULY 2, 2024
SUMMARY
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Synopsis: |
Establishes criminal penalties for production or dissemination of deceptive audio or visual media, commonly known as “deepfakes.” |
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Type of Impact: |
Annual State expenditure and revenue increases. |
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Agencies Affected: |
The Judiciary; Department of Law and Public Safety; Office of the Public Defender. |
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Office of Legislative Services Estimate |
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Fiscal Impact |
Annual |
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State Cost Increase |
Indeterminate |
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State Revenue Increase |
Indeterminate |
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· 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 and civil penalties for the production or dissemination of deceptive audio or visual media, commonly known as “deepfakes.”
The bill establishes a crime of the third degree if a natural person, without license or privilege to do so, generates or creates, or causes to be generated or created, deceptive audio or visual media with the intent that it be used as part of a plan or course of conduct to commit any crime, including but not limited to:
(1) a crime or offense under chapters 14 (sexual offenses), 16 (bias crimes), 20 (theft), 21 (forgery and fraud), 28 (perjury), or 29 (obstruction of justice) of Title 2C of the New Jersey Statutes;
(2) advertising commercial sex abuse of a minor;
(3) endangering the welfare of children and child pornography;
(4) threats or improper influence in official and political matters;
(5) false public alarms;
(6) harassment;
(7) cyber-harassment; or
(8) hazing.
The bill also establishes a crime of the third degree if a natural person, without license or privilege to do so, solicits, uses, or discloses a work of deceptive audio or visual media as part of a plan or course of conduct to commit any crime.
The bill also establishes a crime of the third degree if a natural 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 this bill.
A crime of the third degree is punishable by a three to five year term of imprisonment, a fine of up to $15,000, or both. In addition, the bill imposes an additional fine of up to $30,000. A conviction for a violation of this bill does not merge with a conviction for the underlying crime in which the deepfake is used.
Under the bill, a person would be liable to the victim of a violation of the bill, who may bring a civil action in the Superior Court. 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.
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Section: |
Judiciary |
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Analyst: |
Deputy Counsel |
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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.).