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

26 LC 56 0704S The Senate Committee on Rules offered the following substitute to HB 171: A BILL TO BE ENTITLED AN ACT To Part 2 of Article 3 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated,1 relating to offenses related to minors generally, so as to prohibit distribution of AI generated2 material harmful to minors; to provide for a penalty and probat ion; to amend Article 1 of3 Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedure for4 sentencing and imposition of punishment, so as to provide for sentencing of defendants who5 utilize artificial intelligence in the commission of certain offenses; to provide for enhanced6 sentencing and notices of intention to seek enhanced sentencing ; to amend Code Section7 42-1-12 of the Official Code of Georgia Annotated, relating to the state sexual offender8 registry, so as to include the offense of distribution of computer generated obscene material9 depicting a child in the category of criminal offenses against a victim who is a minor; to10 provide for definitions; to provide for a short title; to provide for related matters; to provide11 for an effective date; to repeal conflicting laws; and for other purposes.12 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:13 SECTION 1.14 This Act shall be known and may be cited as the "Ensuring Accou ntability for Illegal AI15 Activities Act."16 - 1 - 26 LC 56 0704S SECTION 2.17 Part 2 of Article 3 of Chapter 12 of Title 16 of the Official C ode of Georgia Annotated,18 relating to offenses related to minors generally, is amended by adding a new Code section19 to read as follows:20 "16-12-100.6.21 (a) As used in this Code section, the term:22 (1) 'Artificial intelligence system' shall have the same meani ng as set forth in Code23 Section 17-10-23.24 (2) 'Harmful to minors' shall have the same meaning as set for th in Code Section25 16-12-100.1.26 (3) 'Minor' means any individual under the age of 18 years.27 (4) 'Visual depiction' shall have the same meaning as set fort h in Code Section28 16-12-100.2.29 (b) A person commits the offense of distribution of AI generat ed material harmful to30 minors when he or she knowingly creates, distributes, solicits, or possesses with intent to31 distribute a visual depiction of any kind that is harmful to a minor, including an electronic32 image, electronic video, drawing, sculpture, or painting, that was generated using an33 artificial intelligence system.34 (c) A person who commits the offense of distribution of AI generated material harmful to35 minors shall be guilty of a felony and, upon conviction thereof , shall be punished by36 imprisonment for not less than one year nor more than 15 years.37 (d) It shall not be a required element of an offense under this Code section that the image38 of a minor in such depiction is of a minor who actually exists.39 (e) If the sentence imposed under this Code section is probated, in whole or in part, by the40 sentencing court, as a condition of such probation, the sentenc ing court shall have the41 discretion to impose any or all of the requirements set forth i n subsection (b) of Code42 Section 42-8-35.43 - 2 - 26 LC 56 0704S (f) The provisions of subsection (b) of this Code section shall not apply to:44 (1) The activities of law enforcement and prosecution agencies in the investigation and45 prosecution of criminal offenses;46 (2) Legitimate medical, scientific, or educational activities; or47 (3) Any person who creates or possesses a visual depiction sho wing only himself or48 herself engaged in sexually explicit conduct.49 (g) Any person who violates subsection (b) of this Code sectio n shall be guilty of a50 misdemeanor if:51 (1) The minor depicted was at least 14 years of age at the time the visual depiction was52 created;53 (2) The visual depiction was created with the permission of the minor depicted; and54 (3) The defendant was 18 years of age or younger at the time of the offense and55 (A) The defendant's violation of subsection (b) of this Code section did not involve the56 distribution of such visual depiction to another person; or57 (B) In the court's discretion, and when the prosecuting attorney and the defendant have58 agreed, if the defendant's violation of subsection (b) of this Code section involved the59 distribution of such visual depiction to another person but such distribution was not for60 the purpose of:61 (i) Harassing, intimidating, or embarrassing the minor depicted; or62 (ii) For any commercial purpose.63 (h) A person is subject to prosecution in this state pursuant to Code Section 17-2-1,64 relating to jurisdiction over crimes and persons charged with c ommission of crimes65 generally, for any conduct made unlawful by this Code section which the person engages66 in while:67 (1) Either within or outside of this state if, by such conduct , the person commits a68 violation of this Code section which involves a minor who resides in this state or another69 person believed by such person to be a minor residing in this state; or70 - 3 - 26 LC 56 0704S (2) Within this state if, by such conduct, the person commits a violation of this Code71 section which involves a minor who resides within or outside this state or another person72 believed by such person to be a minor residing within or outside this state.73 (i) Any violation of this Code section shall constitute a separate offense."74 SECTION 3.75 Article 1 of Chapter 10 of Title 17 of the Official Code of Geo rgia Annotated, relating to76 procedure for sentencing and imposition of punishment, is amended by adding a new Code77 section to read as follows:78 "17-10-23.79 (a) As used in this Code section, the term:80 (1) 'Artificial intelligence system' means an engineered or ma chine based system that81 emulates the capability of a per son to receive audio, visual, t ext, or any other form of82 information and use such information to emulate a human cognitive process, including,83 but not limited to, learning, generalizing, reasoning, planning , predicting, acting, or84 communicating; provided, however, that artificial intelligence systems may vary in the85 forms of information they can receive and in the human cognitiv e processes they can86 emulate.87 (2) 'Designated offense' means:88 (A) Stalking in violation of Code Section 16-5-90;89 (B) Aggravated stalking in violation of Code Section 16-5-91;90 (C) Exploitation of a disabled adult, elder person, or residen t in violation of Code91 Section 16-5-102;92 (D) Enticing a child for indecent purposes in violation of Code Section 16-6-5;93 (E) Any misdemeanor or felony offense provided for in Article 1 of Chapter 8 of94 Title 16;95 - 4 - 26 LC 56 0704S (F) Any misdemeanor or felony offense provided for in Article 3 of Chapter 8 of96 Title 16;97 (G) Any misdemeanor or felony offense provided for in Article 5 of Chapter 8 of98 Title 16;99 (H) Any misdemeanor or felony offense provided for in Chapter 9 of Title 16;100 (I) Any misdemeanor or felony offense provided for in Chapter 10 of Title 16;101 (J) Any misdemeanor or felony offense provided for in Chapter 11 of Title 16;102 (K) Any misdemeanor or felony offense provided for in Chapter 12 of Title 16; and103 (L) Fraudulent election interference in violation of Code Section 21-2-604.104 (3) 'Used an artificial intelligence system' means to be the proximate cause of an artificial105 intelligence system receiving an input or providing an output.106 (b) Subject to the notice requirement provided in subsection (c) of this Code section and107 in enhancement of the penalty imposed, if the trier of fact determines beyond a reasonable108 doubt that the defendant knowingly and intentionally used an artificial intelligence system109 in the commission of a designated offense, the judge imposing sentence shall:110 (1) If the designated offense for which the defendant was convicted is a misdemeanor,111 impose a sentence of confinement for a period of not less than six nor more than 12112 months and a fine not to exceed $5,000.00; or113 (2) If the designated offense for which the defendant was convicted is a felony, impose114 a sentence of imprisonment for a period of not less than two years and a fine of not less115 than $5,000.00; provided, however, that, if such designated off ense is subject to a116 minimum sentence of imprisonment for two years or more, the jud ge shall impose a117 sentence of imprisonment for not less than such minimum sentence plus one year and a118 fine of not less than $5,000.00.119 (c) At any time after the filing of an indictment or accusatio n, but not later than the120 arraignment, the state shall notify the defendant of its intent ion to seek the enhanced121 penalty or penalties authorized by subsection (b) of this Code section. Such notice shall122 - 5 - 26 LC 56 0704S be in writing and shall allege the specific factor or factors a uthorizing an enhanced123 sentence in the case pursuant to this Code section.124 (d) The judge shall state when he or she imposes the sentence the amount of the125 enhancement of the sentence based on the application of subsect ion (b) of this Code126 section."127 SECTION 4.128 Code Section 42-1-12 of the Official Code of Georgia Annotated, relating to the state sexual129 offender registry, is amended by revising paragraph (9) of subsection (a) as follows:130 "(9)(A) 'Criminal offense against a victim who is a minor' with respect to convictions131 occurring on or before June 30, 2001, means any criminal offense under Title 16 or any132 offense under federal law or the laws of another state or territory of the United States133 which consists of:134 (i) Kidnapping of a minor, except by a parent;135 (ii) False imprisonment of a minor, except by a parent;136 (iii) Criminal sexual conduct toward a minor;137 (iv) Solicitation of a minor to engage in sexual conduct;138 (v) Use of a minor in a sexual performance;139 (vi) Solicitation of a minor to practice prostitution; or140 (vii) Any conviction resulting fro m an underlying sexual offen se against a victim141 who is a minor.142 (B) 'Criminal offense against a victim who is a minor' with re spect to convictions143 occurring after between June 30, 2001, and June 30, 2026, means any criminal offense144 under Title 16 or any offense under federal law or the laws of another state or territory145 of the United States which consists of:146 (i) Kidnapping of a minor, except by a parent;147 (ii) False imprisonment of a minor, except by a parent;148 - 6 - 26 LC 56 0704S (iii) Criminal sexual conduct toward a minor;149 (iv) Solicitation of a minor to engage in sexual conduct;150 (v) Use of a minor in a sexual performance;151 (vi) Solicitation of a minor to practice prostitution;152 (vii) Use of a minor to engage in any sexually explicit conduct to produce any visual153 medium depicting such conduct;154 (viii) Creating, publishing, selling, distributing, or possessing any material depicting155 a minor or a portion of a minor's body engaged in sexually explicit conduct;156 (ix) Transmitting, making, selling, buying, or disseminating by means of a computer157 any descriptive or identifying information regarding a child minor for the purpose of158 offering or soliciting sexual conduct of or with a child minor or the visual depicting159 of such conduct;160 (x) Conspiracy to transport, ship, receive, or distribute visu al depictions of minors161 engaged in sexually explicit conduct; or162 (xi) Any conduct which, by its nature, is a sexual offense against a victim who is a163 minor.164 (C) 'Criminal offense against a victim who is a minor' with re spect to convictions165 occurring after June 30, 2026, means any criminal offense under Title 16 or any offense166 under federal law or the laws of another state or territory of the United States which167 consists of:168 (i) Kidnapping of a minor, except by a parent;169 (ii) False imprisonment of a minor, except by a parent;170 (iii) Criminal sexual conduct toward a minor;171 (iv) Solicitation of a minor to engage in sexual conduct;172 (v) Use of a minor in a sexual performance;173 (vi) Solicitation of a minor to practice prostitution;174 - 7 - 26 LC 56 0704S (vii) Use of a minor to engage in any sexually explicit conduct to produce any visual175 medium depicting such conduct;176 (viii) Creating, publishing, selling, distributing, or possessing any material depicting177 a minor or a portion of a minor's body engaged in sexually explicit conduct;178 (ix) Transmitting, making, selling, buying, or disseminating by means of a computer179 any descriptive or identifying information regarding a minor fo r the purpose of180 offering or soliciting sexual conduct of or with a minor or the visual depicting of such181 conduct;182 (x) Conspiracy to transport, ship, receive, or distribute visu al depictions of minors183 engaged in sexually explicit conduct;184 (xi) Distribution of computer generated obscene material depic ting a minor in185 violation of Code Section 16-12-80; or186 (xii) Any conduct which, by its nature, is a sexual offense against a victim who is a187 minor.188 (C)(D) For purposes of this paragraph, a conviction for a misdemeano r shall not be189 considered a criminal offense against a victim who is a minor, and conduct which is190 adjudicated in juvenile court shall not be considered a criminal offense against a victim191 who is a minor."192 SECTION 5.193 This Act shall become effective on July 1, 2026.194 SECTION 6.195 All laws and parts of laws in conflict with this Act are repealed.196 - 8 -