HB 171: 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 content. It creates a new law, called the "Ensuring Accountability for Illegal AI Activities Act," making it a felony to knowingly create, distribute, solicit, or possess with intent to distribute AI-generated images, drawings, or videos that are sexually harmful to minors, even if the depicted child does not actually exist. The felony carries 1 to 15 years in prison, though a narrower misdemeanor applies in specific teen-to-teen situations. The bill also creates a new sentencing law that adds extra prison time and fines when someone uses artificial intelligence to commit certain other crimes, such as stalking, enticing a child, or various sex offenses, if prosecutors give advance notice and a jury or judge finds AI was knowingly used. Finally, it updates Georgia's sex offender registry law so that, starting for convictions after June 30, 2026, this new AI-related offense counts as a crime against a minor victim. 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, under a new Code Section 16-12-100.6.
• Applies the new felony even when the minor shown in the AI-generated image does not actually exist, removing that as a legal defense.
• Exempts law enforcement investigations, legitimate medical or scientific/educational activities, and self-created images of oneself from prosecution.
• Allows a misdemeanor charge instead of a felony in narrow cases involving minors close in age who created and shared the image without harmful or commercial intent.
• Adds a new sentencing enhancement law (O.C.G.A. 17-10-23) that increases prison time and fines for people who knowingly use AI to commit crimes like stalking, child enticement, or various sex and drug offenses.
• Updates the state sex offender registry law (O.C.G.A. 42-1-12) so that, for convictions after June 30, 2026, this new AI-image offense counts as a crime against a minor victim.

The bill affects anyone who creates, shares, or possesses AI-generated sexual images of minors, including minors themselves in limited circumstances, as well as prosecutors and judges handling these cases, people convicted of other listed crimes (like stalking or child enticement) who used AI in the offense, and people subject to Georgia's sex offender registry.

Georgians would face new felony charges, up to 15 years in prison, for AI-generated child sexual imagery even when no real child is depicted, closing a gap current obscenity law may not cover. People convicted of using AI tools to commit other crimes could also face longer sentences and larger fines.

• Section 2 creates O.C.G.A. 16-12-100.6, criminalizing creation, distribution, solicitation, or possession with intent to distribute AI-generated visual depictions harmful to minors, punishable by 1 to 15 years in prison.
• Section 2 exempts law enforcement, legitimate medical/scientific/educational activities, and self-depictions from the felony, and allows misdemeanor treatment for certain close-in-age teen cases without harassment or commercial motive.
• Section 2 establishes jurisdiction over the offense whether the offender or the minor victim is inside or outside Georgia.
• Section 3 creates O.C.G.A. 17-10-23, adding mandatory sentence enhancements (extra prison time and fines of at least $5,000) when a defendant is found to have knowingly used an AI system to commit a list of designated offenses, including stalking, elder exploitation, and various Title 16 crimes.
• Section 3 requires prosecutors to give written notice before arraignment if they intend to seek the AI-related sentencing enhancement.
• Section 4 amends O.C.G.A. 42-1-12 so that, for convictions after June 30, 2026, distribution of computer generated obscene material depicting a minor is added to the list of offenses that make someone subject to the sex offender registry.
• Section 5 sets the effective date of the Act 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 law
• child exploitation
• sex offender registry
• criminal sentencing
• obscenity law