HB171: HB171 Crimes and offenses; obscenity; repeal and replace Code Section 16-12-80

Georgia law already bans obscene material depicting real children, but this bill adds a new crime specifically for AI-generated images. Under the bill, known as the 'Ensuring Accountability for Illegal AI Activities Act,' a person who knowingly creates, distributes, solicits, or possesses with intent to distribute AI-generated visual material harmful to minors commits a felony punishable by one to 15 years in prison. It does not matter whether the minor shown actually exists. Some narrow exceptions apply, including for law enforcement, legitimate medical or educational work, and self-depictions, and a reduced misdemeanor applies in certain cases involving minors close in age. The bill also creates a general sentencing enhancement for anyone who knowingly uses an artificial intelligence system to commit certain listed crimes, such as stalking or exploitation of a disabled adult, adding extra prison time and fines on top of the underlying sentence. It further adds the new AI-obscenity offense to the list of crimes that require registration on Georgia's sex offender registry for convictions after June 30, 2026. The law would take effect July 1, 2026.

• Creates a new felony, distribution of AI generated material harmful to minors, punishable by 1 to 15 years in prison, for creating, distributing, soliciting, or possessing such material with intent to distribute.
• Applies the new offense even if the minor depicted does not actually exist, closing a loophole for fully AI-generated images.
• Creates exceptions for law enforcement investigations, legitimate medical or educational activities, and self-depictions.
• Reduces the offense to a misdemeanor in specific cases involving minors at least 14 who consented to the depiction and young defendants who did not distribute it for harassment or profit.
• Adds a general sentencing enhancement (O.C.G.A. § 17-10-23) requiring extra prison time and fines when a defendant knowingly used artificial intelligence to commit crimes like stalking, child exploitation, or election fraud.
• Adds the new AI obscenity offense to the list of crimes requiring registration on Georgia's sex offender registry (O.C.G.A. § 42-1-12) for convictions occurring after June 30, 2026.

The bill affects anyone who creates, shares, or possesses AI-generated sexual imagery of minors, as well as defendants in a broader list of crimes (including stalking, child exploitation, and election fraud) who use artificial intelligence tools. It also affects prosecutors, judges, and the state sex offender registry system.

Georgians would face new felony charges and mandatory prison time specifically for AI-generated child sexual abuse material, even when no real child is depicted, and people convicted of using AI in other crimes would face longer sentences and larger fines. Convicted offenders would also appear on the state's sex offender registry.

• Section 1 names the bill the 'Ensuring Accountability for Illegal AI Activities Act.'
• Section 2 creates new Code Section 16-12-100.6, defining 'artificial intelligence system,' 'harmful to minors,' and other terms, and setting the felony penalty of 1 to 15 years in prison.
• Section 2(f) exempts law enforcement, legitimate medical/scientific/educational activity, and self-depictions from prosecution.
• Section 2(g) allows a misdemeanor instead of a felony for certain cases involving minors aged 14 or older who consented and young defendants without commercial or harassing intent.
• Section 3 creates new Code Section 17-10-23, adding mandatory sentence enhancements (extra prison time and fines) for using AI to commit a list of designated crimes, and requires the state to give advance written notice before trial to seek the enhancement.
• Section 4 revises O.C.G.A. § 42-1-12 to add distribution of computer generated obscene material depicting a minor to the offenses that trigger sex offender registry status for convictions after June 30, 2026.
• Section 5 sets the effective date as July 1, 2026.

1. 2026-03-27Senate Committee Favorably Reported By Substitute (Senate)
2. 2026-01-12Senate Recommitted (Senate)
3. 2025-03-31Senate Committee Favorably Reported By Substitute (Senate)
4. 2025-03-28Senate Recommitted (Senate)
5. 2025-03-27Senate Read Second Time (Senate)
6. 2025-03-27Senate Committee Favorably Reported By Substitute (Senate)
7. 2025-02-27Senate Read and Referred (Senate)
8. 2025-02-26House Passed/Adopted By Substitute (House)

• Brad Thomas (R, HD-021)Primary sponsor
• Todd Jones (R, HD-025)
• Sandy Donatucci (R, HD-105)
• Leesa Hagan (R, HD-156)
• John Carson (R, HD-046)
• Carter Barrett (R, HD-024)
• Shawn Still (R, SD-048)

1. PassedHouse voteFebruary 26, 2025

   160 yea, 0 nay (7 not voting, 13 absent)

   Passage: House Vote #94

• artificial intelligence regulation
• child exploitation law
• sex offender registry
• criminal sentencing
• obscenity law