WHAT THIS BILL REGULATES · 1 REQUIREMENT TYPE
How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
(a) As used in P.L. , c. (C. ) (pending before the Legislature as this bill): "Artificial intelligenceArtificial intelligence"Artificial intelligence" or "AI" means any technology involving the development or implementation of machine-based systems that, for explicit or implicit objectives, infer, from the input it receives, how to generate outputs such as predictions, content, recommendations, or decisions that may influence physical or virtual environments.Section 1(a)" or "AI" means any technology involving the development or implementation of machine-based systems that, for explicit or implicit objectives, infer, from the input it receives, how to generate outputs such as predictions, content, recommendations, or decisions that may influence physical or virtual environments. "Generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence" or "GAI" means a technology system that is trained on data and can generate derived synthetic content, including text, images, video, and audio, that emulates the structure and characteristics of the system's training data.Section 1(a)" or "GAI" means a technology system that is trained on data and can generate derived synthetic content, including text, images, video, and audio, that emulates the structure and characteristics of the system's training data. "Generative artificial intelligence platformGenerative artificial intelligence platform"Generative artificial intelligence platform" or "GAI platform" means a publicly accessible computer program or application, database, or Internet website that allows a person to use GAI technology.Section 1(a)" or "GAI platform" means a publicly accessible computer program or application, database, or Internet website that allows a person to use GAI technology.
Section 1(a) establishes the bill's three core definitions: artificial intelligence, generative artificial intelligence, and generative artificial intelligence platform. The AI definition tracks the OECD-influenced formulation common in recent state legislation. The GAI platform definition is broad, covering any publicly accessible program, application, database, or website that allows use of GAI technology — this would encompass chatbots, image generators, and multi-modal AI tools alike.
(b)(1) 1 Any owner, operator, or developer of a GAI platform that does business in, is based in, or operates from this State, or that makes its GAI platform accessible to residents in this State, shall be civilly liable pursuant to this section if the owner, operator, or developer fails to prevent the GAI platform from: (1) engaging in conduct which, if it had been committed by a human, would constitute crimes under N.J.S.2C:11-3, murder; N.J.S.2C:12-1, assault; N.J.S.2C:20-4, theft by deception; N.J.S.2C:20-5, theft by extortion; subsection a. of N.J.S.2C:24-4, endangering the welfare of children; or subsection b. of N.J.S.2C:24-4, creation of child sexual abuse or exploitation material;
(b)(2) 2 providing information that facilitates a user's commission of a crime enumerated in paragraph (1) of this subsection, where the providing of such information, if it had been done by a human, would constitute aiding or abetting a crime pursuant to N.J.S.2C:2-6, unless that information is publicly accessible in a substantially similar form from a source other than a GAI platform.
Section 1(b) creates the bill's core liability framework. Any owner, operator, or developer of a GAI platform with a New Jersey nexus — whether doing business in, based in, operating from, or merely accessible to residents of the state — is civilly liable if it fails to prevent the platform from two categories of harmful output.
The first category covers direct AI outputs that, if produced by a human, would constitute one of six enumerated New Jersey crimes: murder, assault, theft by deception, theft by extortion, endangering the welfare of children, or creation of child sexual abuse or exploitation material. The second category covers AI outputs that facilitate a user's commission of one of those crimes under an aiding-and-abetting standard, subject to a carve-out for information already publicly available in substantially similar form from non-GAI sources. The criminal-law analogy is the operative mechanism — no separate mens rea is required of the platform; liability attaches to a failure to prevent the output.
(c) It shall be an affirmative defense in an enforcement action pursuant to subsection d. of this section that the owner, operator, or developer of a GAI platform used reasonable efforts to prevent a violation of subsection b. of this section.
Section 1(c) establishes an affirmative defense to liability under Section 1(b): an owner, operator, or developer may avoid liability by demonstrating that it used reasonable efforts to prevent the violation. The bill does not define what constitutes reasonable efforts, leaving that standard to be developed through enforcement actions. This is a safe harbor provision — it modifies the enforcement of the obligations in Section 1(b) rather than creating an independent compliance duty.
(d) Any owner, operator, or developer of a GAI platform who is found, by a preponderance of the evidence for each element of the cause of action, to have violated subsection b. of this section shall be subject to a civil penalty of $20,000 for each violation. An action to enforce this section shall be brought by the Attorney General.
Section 1(d) establishes the enforcement mechanism and penalty structure. Violations are proven by a preponderance of the evidence standard for each element. The civil penalty is $20,000 per violation. Enforcement authority is vested exclusively in the Attorney General — there is no private right of action.
This act shall take effect on the first day of the fourth month next following enactment.
Section 2 sets the effective date at the first day of the fourth month following enactment. Because the bill has not been enacted, no specific calendar date is yet determinable.