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A 3540

Requires operators of motor vehicles to reduce their speed when approaching and passing mobile ice cream vendor vehicles

2025 Regular Session Introduced by Joe DeStefano and 1 co-sponsor

Criminalizes creating or disseminating realistic deepfakes to commit or aid crime; lets victims sue for damages and injunctive relief, with First Amendment and platform exemptions.

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Bill Summary · A 3540

Summary — A3540 (Assembly Committee Substitute, reprinted) — Deceptive Audio/Visual Media ("Deepfakes")

Status: Enacted as P.L.2025, c.40 (approved 2025-04-02)
Introduced: February 5, 2024
Primary sponsor: Asm. Herb Conaway, Jr.
Related: S2544 (companion)

Purpose / intent

The law creates targeted criminal and civil remedies to deter and punish the harmful creation and dissemination of realistic, technically generated falsified audio or visual media (“deepfakes”) used to facilitate or further criminal conduct or to cause personal or property harm, while preserving specified free-speech and platform immunities.

Key definitions

  • Deceptive audio or visual media: any video, sound recording, electronic image, photograph, technological representation of speech/conduct, or forgery/facsimile that reasonably appears to depict a person saying or doing something they did not do, where production was substantially dependent on technical means (not simple impersonation).
  • Disclose: broadly defined (sell, publish, distribute, make available online, etc.).
  • Solicit: offer or request creation of deceptive media (with or without remuneration).
  • Victim: person who suffers personal, physical, psychological injury or loss as a result of a violation (includes certain family members if death occurs).

Criminal prohibitions and penalties

  • Third-degree crime (generally punishable by 3–5 years imprisonment and up to $15,000 fine, or both) if a person, without license or privilege:
    • Generates/causes generation of deceptive media for the purpose of attempting or furthering the commission of any crime or knowing it will be so used (enumerated examples include sexual offenses, bias crimes, theft/fraud, perjury, obstruction, harassment, cyber-harassment, false alarms, hazing, commercial sex abuse of a minor, endangering welfare of children, political threats/influence).
    • Solicits, discloses, or uses deceptive media to attempt/further a crime.
    • Discloses deceptive media knowing or reasonably should know it was created in violation of the law.
  • Court may impose an additional fine up to $30,000. Convictions under this law do not merge with convictions for underlying offenses; sentences are imposed separately (consecutive).

Civil remedies

  • Victims may sue in Superior Court (conviction not required). Available remedies include:
    • Actual damages (but not less than liquidated damages of $1,000 per violation),
    • Punitive damages for willful or reckless conduct,
    • Attorney’s fees and costs,
    • Injunctive and equitable relief.
  • Civil remedies are cumulative with other tort claims (defamation, invasion of privacy, etc.).

Exceptions and limits

  • Fair-use / First Amendment-related exception: disclosure of a deepfake clearly identified as such (or, if unverified, clearly identified as a possible deepfake) in connection with criticism, comment, satire, parody, news reporting, teaching, scholarship, or research is not a violation (references 17 U.S.C. §107).
  • The law does not alter immunities under 47 U.S.C. §230 — it does not apply to interactive computer service providers (and in final versions also excludes cloud providers and commercial AI developers/providers).
  • Advertising channels (broadcasters, websites, billboards, mobile apps, streaming platforms, etc.) generally are not liable where their role is limited to selling ad space or where federal law prevents content-based censorship.
  • Disclosures in connection with law enforcement investigations, court orders, or authorized fraud/cybersecurity/identity-theft investigations are exempt.
  • A factfinder may infer lack of permission if the deceptive media was created using a publicly or commercially available generative AI system in violation of that system’s terms (i.e., creating in breach of TOS).

Fiscal and administrative impact

  • Office of Legislative Services estimated indeterminate annual State cost and revenue increases. Possible increases in prosecutions, court workload, public defender representation, and (for repeat offenders) incarceration and parole supervision. Potential but uncertain fine/court-fee revenue; actual collections historically limited.

Legislative timeline (selected)

  • Introduced: 2/5/2024
  • Committee amendments and reports: March–June 2024
  • Passed Assembly and Senate (various votes in 2024–2025)
  • Conditional veto by Governor (3/17/2025) with recommended changes; Assembly and Senate acted on recommendations
  • Enacted: Approved P.L.2025, c.40 (4/2/2025)

Who is affected

  • Individuals who create, solicit, disclose, or use deepfakes to further criminal activity or to cause injury (exposed to criminal and civil liability).
  • Potential victims (people depicted or others harmed) who gain private civil remedies.
  • Law enforcement, judiciary, public defender, and correctional systems (administrative/fiscal effects).
  • Interactive platforms, cloud providers, AI developers, advertisers, and news organizations in limited, specified ways (many are exempt or protected under the act, subject to disclosure/ disclaimer requirements in news contexts).

For the precise statutory text, penalties, and procedural provisions, consult P.L.2025, c.40 (the enacted version of A3540) and accompanying legislative reports.

Compiled from official sources — confirm details with the bill’s official record.

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