New JerseyCourts would bar defenses that blame AI for acting independently
Defendants in covered New Jersey lawsuits and criminal cases would be barred from saying AI acted on its own as a defense, while keeping other defenses.
What it does
AI developers and users sued over harm could not defend themselves by saying AI acted on its own. Other defenses would remain, and the rule would cover older claims whose filing deadlines had not passed.
Defendants prosecuted under New Jersey's criminal code could not defend themselves by saying AI acted on its own. Other defenses would remain, including in older cases still within the deadline for prosecution.
Argument forPeople harmed by AI could challenge its developers or users without having their claims defeated solely by saying AI acted independently.
Argument againstApplying the restriction to earlier events could remove a defense people expected to use, even though other defenses would remain available.
More detail
Defendants would be barred from arguing that AI caused the harm by acting on its own. This would cover lawsuits against people or companies that developed, modified, or used AI alleged to have harmed the person suing. Other defenses would remain available, including arguments about what caused the harm, whether it was predictable, and who else shared fault. The rule would take effect immediately upon enactment and cover civil claims whose legal filing deadlines had not passed on that date.
Criminal defendants would be barred from arguing that AI caused the alleged victim's harm by acting on its own. This would cover prosecutions for crimes and offenses under New Jersey's criminal code, Title 2C. Defendants could still present any other defense. The rule would take effect immediately upon enactment and cover crimes and offenses whose legal prosecution deadlines had not passed on that date.
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Where it stands
- Introduced
- Passed 1st Chamber
- Passed 2nd Chamber
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Oct 22Introduced, Referred to Assembly Judiciary CommitteeIntroduced
AI & PrivacyCriminal Justice