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GA SB398

GA SB398
Wiretapping, Eavesdropping, Surveillance, and Related Offenses; criminal offenses of virtual peeping; establish


summary

Introduced
01/13/2026
In Committee
02/06/2026
Crossed Over
02/20/2026
Passed
Dead

Introduced Session

2025-2026 Regular Session

Bill Summary

AN ACT To amend Part 1 of Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to wiretapping, eavesdropping, surveillance, and related offenses, so as to establish criminal offenses of virtual peeping; to prohibit distribution of computer generated obscene material to a child; to prohibit the use of a generative artificial intelligence system to generate obscene materials of individuals with the knowledge that such generation was without authorization or consent; to provide for penalties; to provide for an exception; to provide for definitions; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

AI Summary

This bill establishes new criminal offenses related to "virtual peeping," which involves using a generative artificial intelligence system (a computer system that can create new content like images or text) to generate obscene material. Specifically, it makes it a felony to use such a system to create obscene images of minors, with penalties ranging from five to 20 years in prison and fines up to $100,000, though there are exceptions for minors aged 14 and older who consent and for certain situations involving defendants under 18. It also creates a felony offense for creating obscene images of adults using generative AI without their authorization or consent, punishable by one to ten years in prison and fines up to $50,000. The bill further makes it a felony for owners or operators of public computer programs or applications primarily for children to provide descriptions of obscene material to a child through generative AI. Importantly, each generated image connected to a violation is considered a separate offense, and law enforcement and prosecution agencies are exempt from these provisions when investigating crimes.

Committee Categories

Justice

Sponsors (23)

Last Action

House Second Readers (on 02/25/2026)

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