ASSEMBLY, No. 5794

STATE OF NEW JERSEY

221st LEGISLATURE

 

INTRODUCED JUNE 16, 2025

 

 

Sponsored by:

Assemblyman  LOUIS D. GREENWALD

District 6 (Burlington and Camden)

 

 

 

 

SYNOPSIS

     Prohibits election-related identity theft; upgrades dissemination of false campaign communications to third degree crime.

 

CURRENT VERSION OF TEXT

     As introduced.

  

An Act concerning unlawful impersonation or deception related to elections, and amending N.J.S.2C:21-17 and P.L.1975, c.190.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1. N.J.S.2C:21-17 is amended to read as follows:

     2C:21-17.  a.  A person is guilty of a crime if the person engages in one or more of the following actions by any means including, but not limited to, the use of electronic communications, computer software, or an Internet website:

     (1) Impersonates or falsely depicts another or assumes a false identity and does an act in such assumed character or false identity or using such false depiction for the purpose of obtaining a benefit for [himself] the actor or another or to injure or defraud another;

     (2) Pretends to be a representative of some person or organization and does an act in such pretended capacity for the purpose of obtaining a benefit for [himself] the actor or another or to injure or defraud another;

     (3) Impersonates or falsely depicts another, assumes a false identity or makes a false or misleading statement regarding the identity of any person, in an oral or written application for services, for the purpose of obtaining services;

     (4) Obtains any personal identifying information pertaining to another person and uses that information, or assists another person in using the information, in order to assume the identity of or represent [himself] the actor as another person, without that person's authorization and with the purpose to fraudulently obtain or attempt to obtain a benefit or services, or avoid the payment of debt or other legal obligation or avoid prosecution for a crime by using the name of the other person; or

     (5) Impersonates or falsely depicts another, assumes a false identity or makes a false or misleading statement, in the course of making an oral or written application for services, with the purpose of avoiding payment for prior services.  Purpose to avoid payment for prior services may be presumed upon proof that the person has not made full payment for prior services and has impersonated or falsely depicted another, assumed a false identity or made a false or misleading statement regarding the identity of any person in the course of making oral or written application for services.

     As used in this section:

     "Benefit" means, but is not limited to, any property, any pecuniary amount, any services, any pecuniary amount sought to be avoided or any injury or harm perpetrated on another where there is no pecuniary value.  "Benefit" shall include the furtherance of the nomination, election, or defeat of any candidate, or aid in the passage or defeat of any public question.

     b. (Deleted by amendment, P.L.2005, c.224).

     c. A person who violates subsection a. of this section is guilty of a crime as follows:

     (1) If the actor obtains a benefit or deprives another of a benefit in an amount less than $500 and the offense involves the identity of one victim, the actor shall be guilty of a crime of the fourth degree except that a second or subsequent conviction for such an offense constitutes a crime of the third degree; or

     (2) If the actor obtains a benefit or deprives another of a benefit in an amount of at least $500 but less than $75,000, or the offense involves the identity of at least two but less than five victims, or the offense involves an action taken in furtherance of the nomination, election, or defeat of any candidate, or in aid of the passage or defeat of any public question, the actor shall be guilty of a crime of the third degree; except that an offense involving an action in furtherance of the nomination, election, or defeat of any candidate, or in aid of the passage or defeat of any public question which is taken within ninety days preceding an election involving that candidate or public question constitutes a crime of the second degree; or

     (3) If the actor obtains a benefit or deprives another of a benefit in the amount of $75,000 or more, or the offense involves the identity of five or more victims, the actor shall be guilty of a crime of the second degree.

     d. A violation of N.J.S.2C:28-7, constituting a disorderly persons offense, section 1 of P.L.1979, c.264 (C.2C:33-15), section 64 of P.L.2021, c.16 (C.2C:35-10d), R.S.33:1-81 or section 6 of P.L.1968, c.313 (C.33:1-81.7) in a case where the person uses the personal identifying information of another to illegally purchase an alcoholic beverage or for using the personal identifying information of another to misrepresent the person's age for the purpose of obtaining tobacco, any cannabis item, or other consumer product denied to persons under 21 years of age shall not constitute an offense under this section if the actor received only that benefit or service and did not perpetrate or attempt to perpetrate any additional injury or fraud on another.

     e. The sentencing court shall issue such orders as are necessary to correct any public record or government document that contains false information as a result of a theft of identity.  The sentencing court may provide restitution to the victim in accordance with the provisions of section 4 of P.L.2002, c.85 (C.2C:21-17.1).

(cf: P.L.2021, c.25, s.14)

 

     2. Section 5 of P.L.1975, c.190 (C.19:34-68) is amended to read as follows:

     5. Any person who shall violate any of the provisions of [this act] the Fair Campaign Practices Act, P.L.1975, c.190 (C.19:34-64 et seq.), shall be a disorderly person, except that a violation of section 3 of P.L.1975, c.190 (C.19:34-66) shall be a crime of the third degree.

(cf: P.L.1975, c.190, s.5)

 

     3. This act shall take effect immediately.

 

STATEMENT

 

     This bill amends the identity theft statute to include a prohibition on the unlawful impersonation of a person, including through false depictions using computer software commonly known as "deepfakes," where the impersonation is in furtherance of the nomination, election, or defeat of any candidate, or in aid of the passage or defeat of any public question in an election.  Under the bill, such election-related unlawful impersonation is a crime of the third degree.  However, if the offense occurs within 90 days of an election, it is upgraded to a crime of the second degree.

     In addition, the bill upgrades the offense of knowingly producing, transmitting, or disseminating a false election advertisement that purports to be from a campaign for the purpose of impeding that campaign, by concealing the actual origin of the advertisement, from a disorderly persons offense to a crime of the third degree.

     A crime of the second degree is punishable by a term of imprisonment of five to 10 years, a fine of up to $150,000, or both.  A crime of the third degree is punishable by a term of imprisonment of 3 to 5 years, a fine of up to $15,000, or both.