AI Frontier Institute

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

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New Jersey Senate Bill 329 (pre-filed for the 2026 session) amends N.J.S.2C:21-17 and Section 7 of P.L.2003, c.184 (C.2C:21-17.4) to extend the existing crime of identity theft to cover fraudulent impersonation or false depiction carried out through artificial intelligence or deepfake technology. The bill defines a 'false personation record' as any audio or visual media entirely generated or substantially manipulated by computer technology—including artificially generated speech, transcription, or text—that a reasonable person would believe accurately depicts a real person's activity, when it does not, and whose exhibition is substantially likely to cause individual or societal harm such as reputational damage, financial loss, incitement of violence, or interference in an election or official proceeding. 'Falsely depict' or 'false depiction' means knowingly using or distributing such a record with intent to misrepresent its authenticity. Grading of the offense follows the existing tiered structure: false depiction harming one victim is a fourth-degree crime (up to 18 months, up to $10,000 fine), with a second or subsequent conviction elevating it to third degree; harming two to four victims is a third-degree crime (3–5 years, up to $15,000); and harming five or more victims is a second-degree crime (5–10 years, up to $150,000). Sentencing courts are required to order correction of false public records, public retractions, and destruction of the false personation record at the defendant's expense. Civil remedies are preserved and clarified, including treble damages for economic losses and the ability to bring separate actions for defamation, invasion of privacy, false light, and related torts.

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