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

26 LC 48 1849S The House Committee on Judiciary, Non-Civil offers the following substitute to SB 61: A BILL TO BE ENTITLED AN ACT To amend Part 4 of Article 6 of Chapter 9 of Title 16 of the Of ficial Code of Georgia1 Annotated, relating to internet and e-mail fraud, so as to esta blish the criminal offense of2 certain forms of digital fraud on social media platforms; to provide for criminal penalties; to3 require social media platform operators to evaluate claims such fraud; to provide for civil4 penalties; to provide for enforcement; to provide for a cause o f action and damages; to5 provide for definitions; to amend Code Section 9-10-91 of the O fficial Code of Georgia6 Annotated, relating to grounds for exercising personal jurisdiction over nonresident, so as to7 include the operation of an online platform in this state withi n transacting business within8 this state for purposes of personal jurisdiction; to provide for related matters; to provide for9 an effective date; to repeal conflicting laws; and for other purposes.10 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:11 SECTION 1.12 Part 4 of Article 6 of Chapter 9 of Title 16 of the Official Co de of Georgia Annotated,13 relating to internet and e-mail fraud, is amended by adding a n ew Code section to read as14 follows:15 S. B. 61 (SUB) - 1 - 26 LC 48 1849S "16-9-109.2.16 (a) As used in this Code section, the term:17 (1) 'Operator' means any person or entity that runs or operates a social media platform.18 (2) 'Social media platform' means an internet website, service , application, or product19 that:20 (A) Is open to the public;21 (B) Allows or enables users to create accounts or communicate or interact with other22 users; and23 (C) Permits users to create or post content or information, in cluding, but not limited24 to, images, videos, video games, or such other content that is viewable or able to be25 engaged with by other users.26 (b) A person commits the offense of digital identity fraud whe n, using a social media27 platform, such person knowingly and without authorization:28 (1) Uses the identity of an individual who is a resident of th is state without such29 individual's consent, including such individual's name, image, identifying information,30 or social media platform profile information to mimic such individual, with the intent to31 deceive others, cause harm, or commit fraud; or32 (2) Creates a social media platform profile that mimics an individual who is a resident33 of this state without such individual's consent, through use of such individual's name,34 image, identifying information, or social media platform profil e information, with the35 intent to use such social media platform profile, or to make it available for use by others,36 to deceive others, cause harm, or commit fraud.37 (c) A person commits the offense of digital marketing fraud when, using a social media38 platform, such person knowingly and willfully collects payment upfront for services or39 goods never given and refuses to provide a refund within a reasonable period of time of a40 disputed charge.41 S. B. 61 (SUB) - 2 - 26 LC 48 1849S (d) A person commits the offense of criminal digital design wh en, using a social media42 platform, such person knowingly and willfully creates interactive content that encourages,43 causes, abets, connives, solicits, engages, or aids another in committing any felony which44 encompasses force or violence as an element of the offense whic h would constitute a45 felony which encompasses force or violence as an element of the offense.46 (e) A person who commits an offense provided in subsection (b), (c), or (d) of this Code47 section shall be guilty of a felony and, upon conviction thereo f, shall be punished by48 imprisonment for not less than one year nor more than 20 years, a fine of not less than49 $1,000.00 nor more than $500,000.00, or both.50 (f) Any violation of subsection (b), (c), or (d) of this Code section shall constitute a tort and51 shall create a right of action in any person aggrieved by such violation, including, but not52 limited to, any person whose identity was used or mimicked, for which damages may be53 recovered. Special damages may be inferred by the violation. The remedies provided in54 this Code section are in addition to any other procedures or re medies available at law or55 equity. Reasonable attorney's fees shall be awarded to the plaintiff where the plaintiff has56 prevailed in the underlying action.57 (g) It is the intent of the General Assembly that this Code section shall not be construed58 or applied to:59 (1) Diminish or infringe upon any right of petition or free speech under the Constitution60 of the United States or the Constitution of the State of Georgia; or61 (2) Prosecute or impose liability upon any operator on the basis that such operator is the62 publisher or speaker of content that is alleged to constitute digital identity fraud, digital63 marketing fraud, criminal digital design or in any manner that is inconsistent with Section64 230 of Chapter 5 of Title 47 of the United States Code."65 S. B. 61 (SUB) - 3 - 26 LC 48 1849S SECTION 2.66 Code Section 9-10-91 of the Official Code of Georgia Annotated, relating to grounds for67 exercising personal jurisdiction over nonresident, is amended by revising paragraph (1) as68 follows:69 "(1) Transacts any business within this state, including, but not limited to, operation of70 an online platform with access in this state;"71 SECTION 3.72 This Act shall become effective on July 1, 2026.73 SECTION 4.74 All laws and parts of laws in conflict with this Act are repealed.75 S. B. 61 (SUB) - 4 -