In recent years, artificial intelligence has evolved from a futuristic concept into a daily tool. However, a disturbing trend has emerged in New Jersey high schools and colleges: the use of AI to create non-consensual deepfake pornography. What many students and young adults dismiss as a high-tech prank or a meme is, in reality, a serious criminal offense that can lead to life-altering legal consequences.
At Camili & Capo, we are seeing an uptick in cases involving digital misconduct. As New Jersey updates its statutes to keep pace with technology, the penalties for generating or distributing AI-altered explicit images have become increasingly severe.
What is AI Deepfake Pornography?
A deepfake uses sophisticated AI algorithms to overlay one person’s likeness onto another person’s body in a photo or video. In educational settings, this often involves taking a victim’s social media profile picture and using an AI undresser or deepnude app to create an explicit image that looks disturbingly real.
These images are then circulated through group texts (like iMessage or WhatsApp), Discord servers, or social media platforms like Snapchat and X (formerly Twitter).
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New Jersey Laws and AI-Generated Crimes
New Jersey is at the forefront of prosecuting digital crimes. If you or your child is accused of creating or sharing deepfake pornography, the state can bring several heavy-hitting charges:
1. Invasion of Privacy
New Jersey law strictly prohibits the disclosure of any image or video depicting a person’s intimate parts without their consent. Recent legislative updates have clarified that this includes AI-generated or digitally altered images. Even if the victim never actually posed for the photo, the law views the likeness as a violation of their privacy.
2. Endangering the Welfare of a Child
If the person depicted in the deepfake is under the age of 18, the charges escalate to a whole new level. Creating or distributing an explicit image of a minor, even an AI-generated one, is considered child pornography under the law. This is a second-degree crime in New Jersey, carrying a presumption of incarceration and the lifelong requirement of Megan’s Law registration.
3. Cyber-Harassment and Stalking
Using AI to target a peer, classmate, or ex-partner can be prosecuted as cyber-harassment. If the behavior is repetitive or intended to cause emotional distress, it can also lead to stalking charges and the issuance of a restraining order, which can ban a student from their own campus.
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The Group Chat Trap: Why Sharing is a Crime
A common misconception among high school and college students is that only the person who created the image is in trouble. This is false.
In New Jersey, the distribution of these images is a crime. If a student receives an AI-generated explicit photo in a group chat and forwards it to another friend or another group, they have committed an act of distribution. Law enforcement can seize cell phones, laptops, and tablet devices as evidence, often tracking the digital footprint back to every person who hit send.
The Consequences Beyond the Courtroom
For students in Newark, New Brunswick, or Totowa, the legal battle is only half the problem. Schools and universities have zero tolerance policies regarding digital sexual harassment.
- Expulsion or Suspension: High schools often move for immediate expulsion in deepfake cases to protect the student body.
- Title IX Investigations: At the college level (such as Rutgers, NJIT, or Seton Hall), deepfake allegations trigger Title IX investigations. A responsible finding can lead to a permanent mark on a transcript, making it nearly impossible to transfer schools or get into graduate programs.
- Future Employment: A criminal record for a sex-related or privacy-related offense will appear on background checks for internships and jobs, effectively ending a career before it begins.
Defending Against AI Crime Allegations
If you are facing these charges, the situation can feel hopeless. However, there are defense strategies available. As experienced New Jersey criminal defense lawyers, the team at Camili & Capo examines every angle:
- Lack of Intent: Did the defendant know the image was AI-generated? Was there an intent to harass or distribute?
- Identification Issues: Can the prosecution prove beyond a reasonable doubt who was actually behind the keyboard or phone at the time of the post?
- Illegal Search and Seizure: Did the police have a valid warrant to search your phone or social media accounts?
- Digital Forensics: We work with tech experts to challenge the state’s evidence and determine the true origin of the digital files.
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“Mr K. Camili great attorney and very professional. All cases was dismissed and great communication with him and his staff. I would recommend him 5 stars.”
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Why You Need a Criminal Defense Firm Ready for Trial
AI-related criminal charges sit in a rapidly evolving area of New Jersey law. Because these cases involve new technology, prosecutors often push aggressive interpretations of existing statutes to set precedents and send a message to other students. As a result, defendants frequently face overcharged cases and little room for error.
When you are accused of creating or sharing AI-generated explicit images, you need more than general legal guidance. You need a criminal defense firm that understands how these cases are built, how digital evidence is challenged, and how to push back when the state overreaches. These allegations move quickly, involve seized devices and forensic reviews, and often carry consequences far beyond the courtroom.
Camili & Capo approaches deepfake and digital misconduct cases with a trial-ready mindset. The firm understands New Jersey’s privacy, harassment, and child-endangerment laws, as well as how prosecutors attempt to apply them to emerging technology. From challenging weak digital evidence to exposing flaws in intent and identification, the defense strategy focuses on protecting clients from life-altering outcomes.
When your education, reputation, and future are on the line, you need a legal team that is prepared to defend you in negotiations or in court. Deepfake allegations are not cases to gamble on. They require a firm that treats every charge seriously and prepares as if trial is inevitable.
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Facing AI Deepfake Pornography Charges in New Jersey? Contact Camili & Capo Today
If your child has been questioned by school administrators or if you have been contacted by local law enforcement regarding AI-generated images, do not wait. The earlier a defense attorney is involved, the better the chance of preventing charges from being filed or negotiating a resolution that protects your future. We serve clients throughout Passaic, Essex, Middlesex, and Bergen Counties.
Protect your rights. Protect your future. Call Camili & Capo at (973) 834-8457or contact us online for a free, confidential consultation.
Disclaimer: This blog is intended for informational purposes only and does not establish an attorney-client relationship. It should not be considered as legal advice. For personalized legal assistance, please consult our team directly.
