New Corrado-led Legislation Would Prohibit Non-Consensual ‘Deepfake’ Porn

State Sen. Kristin Corrado (R-40) is taking aim at a growing trend of non-consensual “deepfake” pornography, which is being used to victimize people in New Jersey and across the country.

Corrado positioned the legislation as an evolution of the work done in recent years to stop the proliferation of revenge porn and the sharing of intimate videos as the use of artificial intelligences (AI) grows.

“Unfortunately, some bad actors are getting around the revenge porn law by using new AI tools to generate pornography that appears to be the targeted victim. The public sharing of ‘deepfake’ pornography that includes a person’s likeness can be just as devastating for a victim as the real thing,” she said.

Rise in Deepfakes

The new legislation would incorporate the non-consensual disclosure of sexually deceptive audio or visual media, colloquially known as “deepfakes,” into the state’s existing invasion of privacy statutes. While most states, including New Jersey, now have laws against revenge porn, only California, Texas, and Virginia currently address the non-consensual sharing of deepfakes.

The Passaic County lawmaker said a new generation of AI tools is making it easier than ever to make it appear as if a person engaged in an activity that did not actually occur than ever before. 

Extortion Opportunities

“Deepfake pornography is often used to humiliate and destroy the reputations and careers of victims, and it’s a dangerous tool that domestic abusers can use to exert control,” said Corrado. 

Perpetrators can find non-intimate photos online via social media or other websites that can then be used to generate pornography featuring the person’s face that can look quite real. Corrado noted this technology can be used with images of children, too.

“When kids use deepfakes to bully other kids, it can lead to suicide. When adults share deepfake porn depicting children, it can encourage others to victimize kids in more dangerous ways. Given the rapid rise of AI, deepfake pornography is an emerging threat that we need to address today,” she said.

Punishments Under the Bill

Corrado’s bill would make the non-consensual sharing of deepfake pornography a crime of the third degree, the same as revenge porn under the state’s invasion of privacy statute. Those guilty could serve between three and five years in jail and face a fine of up to $15,000.

Meanwhile, the legislation would treat the distribution of deepfake porngraphy that depicts a child the same as child pornography. This would be a crime of the first degree or the second degree depending on the number of files involved.

Criminals convicted of this charge would face between five and ten years in prison for a second degree offense, and a fine of up to $150,000. Those convicted of a first degree crime could see 10 to 20 years behind bars, and a fine of up to $200,000.