SB61: SB61 Delinquency; additional offenses over which superior courts are authorized to exercise exclusive original jurisdiction; provide

This bill amends Georgia's internet and e-mail fraud laws (Title 16, Chapter 9) to add a new Code section addressing misuse of social media platforms. It creates three new crimes: digital identity fraud (impersonating a Georgia resident on social media without consent to deceive, harm, or defraud), digital marketing fraud (collecting payment for goods or services never delivered and refusing refunds), and criminal digital design (knowingly creating interactive content that encourages someone to commit a violent felony). Anyone convicted of these offenses faces a felony sentence of one to 20 years in prison, a fine between $1,000 and $500,000, or both. The bill also lets anyone harmed by these acts sue for damages, including inferred special damages and attorney's fees if they win. It protects free speech rights and shields platform operators from liability as publishers, consistent with federal Section 230 protections. Separately, it revises Georgia's personal jurisdiction law (O.C.G.A. § 9-10-91) so that operating an online platform accessible in Georgia counts as transacting business here. The law would take effect July 1, 2026.

• Creates the new crime of digital identity fraud for impersonating a Georgia resident on social media without consent to deceive, harm, or defraud someone.
• Creates the new crime of digital marketing fraud for collecting upfront payment on social media for goods or services never provided and refusing timely refunds.
• Creates the new crime of criminal digital design for knowingly creating online interactive content that encourages another person to commit a violent felony.
• Sets penalties for these offenses at one to 20 years in prison, a fine of $1,000 to $500,000, or both.
• Gives anyone harmed by these offenses the right to sue for damages, including inferred special damages and attorney's fees if they win.
• Expands Georgia's personal jurisdiction law so that operating an online platform accessible in Georgia counts as transacting business in the state.

Social media users and platform operators, Georgia residents who could be impersonated or defrauded online, people accused of these new crimes, plaintiffs seeking civil damages, and out-of-state online businesses that could now be sued in Georgia courts under the expanded jurisdiction rule.

Georgians who are impersonated online, scammed through social media sales, or targeted by content encouraging violence against them would gain both criminal penalties against offenders and a legal path to sue for damages and attorney's fees, while social media platforms themselves would remain shielded from liability as publishers.

• New Code Section 16-9-109.2 defines 'operator' and 'social media platform' broadly to cover public websites, apps, or products allowing user accounts and posted content.
• Subsection (b) defines digital identity fraud as using or mimicking a Georgia resident's identity on social media without consent to deceive, cause harm, or commit fraud.
• Subsection (c) defines digital marketing fraud as collecting upfront payment for undelivered goods or services and refusing a refund within a reasonable time.
• Subsection (d) defines criminal digital design as knowingly creating content that encourages another person to commit a felony involving force or violence.
• Subsection (e) sets felony penalties of 1 to 20 years imprisonment and fines of $1,000 to $500,000 for these offenses.
• Subsection (f) creates a civil right of action for anyone harmed, allowing inferred special damages and mandatory attorney's fees for prevailing plaintiffs.
• Subsection (g) protects free speech rights and exempts platform operators from liability as publishers, consistent with federal Section 230.
• Section 2 amends O.C.G.A. § 9-10-91 to include operating an online platform accessible in Georgia as 'transacting business' for personal jurisdiction purposes.

1. 2026-03-27House Committee Favorably Reported By Substitute (House)
2. 2025-03-11House Second Readers (House)
3. 2025-03-10House First Readers (House)
4. 2025-03-06Senate Passed/Adopted By Substitute (Senate)
5. 2025-03-06Senate Third Read (Senate)
6. 2025-03-04Senate Read Second Time (Senate)
7. 2025-03-03Senate Committee Favorably Reported By Substitute (Senate)
8. 2025-01-30Senate Read and Referred (Senate)

• Greg Dolezal (R, SD-027)Primary sponsor
• Clint Dixon (R, SD-045)
• Billy Hickman (R, SD-004)
• Shawn Still (R, SD-048)
• Randy Robertson (R, SD-029)
• John Albers (R, SD-056)
• Sam Watson (R, SD-011)
• Marty Harbin (R, SD-016)
• Russ Goodman (R, SD-008)
• Max Burns (R, SD-023)
• Lee Anderson (R, SD-024)
• Chuck Hufstetler (R, SD-052)
• Blake Tillery (R, SD-019)
• John Kennedy (R, SD-018)
• Bill Cowsert (R, SD-046)
• David Lucas (D, SD-026)
• Tyler Smith (R, HD-018)

1. PassedSenate voteMarch 6, 2025

   33 yea, 22 nay (0 not voting, 1 absent)

   Passage By Substitute: Senate Vote #164

• social media fraud
• identity theft
• internet crime
• consumer protection
• court jurisdiction