Gaps in Existing Laws: Are AI-Generated Images Fully Covered?

Not entirely. New Jersey now treats many images generated by artificial intelligence (AI) as crimes. However, real gaps remain about what counts as an unlawful purpose, how quickly the technology evolves, and where these images overlap with existing sex crime statutes. If you are facing questions about an image, you created or shared, those gaps can shape your whole defense.

What Does New Jersey’s Deepfake Law Actually Cover?

New Jersey’s deepfake law, signed in 2025 as Public Law 2025, Chapter 40, makes it a crime to create or share deceptive audio or visual media for an unlawful purpose. The law broadly defines this kind of media.

It covers any image, video, or audio that would lead a reasonable person to believe someone did or said something that never actually happened, which sweeps in a lot of content created with everyday apps. The law generally reaches conduct such as:

• Producing a realistic fake image to commit or further a crime
• Sharing media made for harassment, fraud, or intimidation
• Using a fabricated depiction to target or exploit another person
• Distributing explicit fake images of someone without consent

The penalties depend on the conduct involved. Creating or using a deepfake for a criminal purpose is generally a third-degree crime, carrying a sentence of three to five years in prison and fines up to $30,000, while knowingly sharing one made for an unlawful purpose can be a fourth-degree crime, carrying a sentence of up to 18 months in prison. Penalties also stack on top of any underlying offense rather than folding into it.

Where the Gaps in Existing Laws Still Show Up

New Jersey’s deepfake statute turns heavily on intent, meaning the image itself often does not provide a complete legal picture. The analysis frequently depends on why the content was created, how it was distributed, and whether any statutory exceptions apply.

That focus on intent leaves many real-world situations open to interpretation. Common gray areas include the following:

• Images created as satire, commentary, or art
• Content shared without knowing it was fabricated
• Older harassment or privacy laws that predate this technology
• Overlap between the deepfake law and separate child-protection statutes

These gaps matter most when prosecutors try to stretch an older statute to fit new technology. A charge built on shaky intent or an unclear exception can sometimes be challenged, reduced, or dismissed, which is why the specific facts around a Hammonton case deserve close attention. Documenting the source of an image and the context in which it was shared early on can make a real difference.

Facing a Deepfake Allegation in Atlantic County?

An accusation tied to an AI-generated image can feel overwhelming, especially when the law itself is still catching up to the technology. Our attorneys at LACE Law help people in Hammonton and Atlantic County understand the charges they face and weigh their options for responding. Call (609) 225-4065 or send a message through our online contact page to talk it through.