HB 171: Crimes and offenses; obscenity; repeal and replace Code Section 16-12-80

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, relating to offenses related to minors generally, so as to prohibit distribution of AI generated material harmful to minors; to provide for a penalty and probation; to amend Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedure for sentencing and imposition of punishment, so as to provide for sentencing of defendants who utilize artificial intelligence in the commission of certain offenses; to provide for enhanced sentencing and notices of intention to seek enhanced sentencing; to amend Code Section 42-1-12 of the Official Code of Georgia Annotated, relating to the state sexual offender registry, so as to include the offense of distribution of computer generated obscene material depicting a child in the category of criminal offenses against a victim who is a minor; to provide for definitions; to provide for a short title; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

This Act shall be known and may be cited as the "Ensuring Accountability for Illegal AI Activities Act."

SECTION 2.

Part 2 of Article 3 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses related to minors generally, is amended by adding a new Code section to read as follows:

"16-12-100.6.

(a) As used in this Code section, the term:

(1) 'Artificial intelligence system' shall have the same meaning as set forth in Code Section 17-10-23.

(2) 'Harmful to minors' shall have the same meaning as set forth in Code Section

16-12-100.1.

(3) 'Minor' means any individual under the age of 18 years.

(4) 'Visual depiction' shall have the same meaning as set forth in Code Section

16-12-100.2.

(b) A person commits the offense of distribution of AI generated material harmful to minors when he or she knowingly creates, distributes, solicits, or possesses with intent to distribute a visual depiction of any kind that is harmful to a minor, including an electronic image, electronic video, drawing, sculpture, or painting, that was generated using an artificial intelligence system.

(c) A person who commits the offense of distribution of AI generated material harmful to minors shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than 15 years.

(d) It shall not be a required element of an offense under this Code section that the image of a minor in such depiction is of a minor who actually exists.

(e) If the sentence imposed under this Code section is probated, in whole or in part, by the sentencing court, as a condition of such probation, the sentencing court shall have the discretion to impose any or all of the requirements set forth in subsection (b) of Code Section 42-8-35.

(f) The provisions of subsection (b) of this Code section shall not apply to:

(1) The activities of law enforcement and prosecution agencies in the investigation and prosecution of criminal offenses;

(2) Legitimate medical, scientific, or educational activities; or

(3) Any person who creates or possesses a visual depiction showing only himself or herself engaged in sexually explicit conduct.

(g) Any person who violates subsection (b) of this Code section shall be guilty of a misdemeanor if:

(1) The minor depicted was at least 14 years of age at the time the visual depiction was created;

(2) The visual depiction was created with the permission of the minor depicted; and

(3) The defendant was 18 years of age or younger at the time of the offense and

(A) The defendant's violation of subsection (b) of this Code section did not involve the distribution of such visual depiction to another person; or

(B) In the court's discretion, and when the prosecuting attorney and the defendant have agreed, if the defendant's violation of subsection (b) of this Code section involved the distribution of such visual depiction to another person but such distribution was not for the purpose of:

(i) Harassing, intimidating, or embarrassing the minor depicted; or

(ii) For any commercial purpose.

(h) A person is subject to prosecution in this state pursuant to Code Section 17-2-1, relating to jurisdiction over crimes and persons charged with commission of crimes generally, for any conduct made unlawful by this Code section which the person engages in while:

(1) Either within or outside of this state if, by such conduct, the person commits a violation of this Code section which involves a minor who resides in this state or another person believed by such person to be a minor residing in this state; or

(2) Within this state if, by such conduct, the person commits a violation of this Code section which involves a minor who resides within or outside this state or another person believed by such person to be a minor residing within or outside this state.

(i) Any violation of this Code section shall constitute a separate offense."

SECTION 3.

Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedure for sentencing and imposition of punishment, is amended by adding a new Code section to read as follows:

"17-10-23.

(a) As used in this Code section, the term:

(1) 'Artificial intelligence system' means an engineered or machine based system that emulates the capability of a person to receive audio, visual, text, or any other form of information and use such information to emulate a human cognitive process, including, but not limited to, learning, generalizing, reasoning, planning, predicting, acting, or communicating; provided, however, that artificial intelligence systems may vary in the forms of information they can receive and in the human cognitive processes they can emulate.

(2) 'Designated offense' means:

(A) Stalking in violation of Code Section 16-5-90;

(B) Aggravated stalking in violation of Code Section 16-5-91;

(C) Exploitation of a disabled adult, elder person, or resident in violation of Code Section 16-5-102;

(D) Enticing a child for indecent purposes in violation of Code Section 16-6-5;

(E) Any misdemeanor or felony offense provided for in Article 1 of Chapter 8 of Title 16;

(F) Any misdemeanor or felony offense provided for in Article 3 of Chapter 8 of Title 16;

(G) Any misdemeanor or felony offense provided for in Article 5 of Chapter 8 of Title 16;

(H) Any misdemeanor or felony offense provided for in Chapter 9 of Title 16;

(I) Any misdemeanor or felony offense provided for in Chapter 10 of Title 16;

(J) Any misdemeanor or felony offense provided for in Chapter 11 of Title 16;

(K) Any misdemeanor or felony offense provided for in Chapter 12 of Title 16; and

(L) Fraudulent election interference in violation of Code Section 21-2-604.

(3) 'Used an artificial intelligence system' means to be the proximate cause of an artificial intelligence system receiving an input or providing an output.

(b) Subject to the notice requirement provided in subsection (c) of this Code section and in enhancement of the penalty imposed, if the trier of fact determines beyond a reasonable doubt that the defendant knowingly and intentionally used an artificial intelligence system in the commission of a designated offense, the judge imposing sentence shall:

(1) If the designated offense for which the defendant was convicted is a misdemeanor, impose a sentence of confinement for a period of not less than six nor more than 12 months and a fine not to exceed $5,000.00; or

(2) If the designated offense for which the defendant was convicted is a felony, impose a sentence of imprisonment for a period of not less than two years and a fine of not less than $5,000.00; provided, however, that, if such designated offense is subject to a minimum sentence of imprisonment for two years or more, the judge shall impose a sentence of imprisonment for not less than such minimum sentence plus one year and a fine of not less than $5,000.00.

(c) At any time after the filing of an indictment or accusation, but not later than the arraignment, the state shall notify the defendant of its intention to seek the enhanced penalty or penalties authorized by subsection (b) of this Code section. Such notice shall be in writing and shall allege the specific factor or factors authorizing an enhanced sentence in the case pursuant to this Code section.

(d) The judge shall state when he or she imposes the sentence the amount of the enhancement of the sentence based on the application of subsection (b) of this Code section."

SECTION 4.

Code Section 42-1-12 of the Official Code of Georgia Annotated, relating to the state sexual offender registry, is amended by revising paragraph (9) of subsection (a) as follows: "(9)(A) 'Criminal offense against a victim who is a minor' with respect to convictions occurring on or before June 30, 2001, means any criminal offense under Title 16 or any offense under federal law or the laws of another state or territory of the United States which consists of:

(i) Kidnapping of a minor, except by a parent;

(ii) False imprisonment of a minor, except by a parent;

(iii) Criminal sexual conduct toward a minor;

(iv) Solicitation of a minor to engage in sexual conduct;

(v) Use of a minor in a sexual performance;

(vi) Solicitation of a minor to practice prostitution; or

(vii) Any conviction resulting from an underlying sexual offense against a victim who is a minor.

(B) 'Criminal offense against a victim who is a minor' with respect to convictions occurring after between June 30, 2001, and June 30, 2026, means any criminal offense under Title 16 or any offense under federal law or the laws of another state or territory of the United States which consists of:

(i) Kidnapping of a minor, except by a parent;

(ii) False imprisonment of a minor, except by a parent;

(iii) Criminal sexual conduct toward a minor;

(iv) Solicitation of a minor to engage in sexual conduct;

(v) Use of a minor in a sexual performance;

(vi) Solicitation of a minor to practice prostitution;

(vii) Use of a minor to engage in any sexually explicit conduct to produce any visual medium depicting such conduct;

(viii) Creating, publishing, selling, distributing, or possessing any material depicting a minor or a portion of a minor's body engaged in sexually explicit conduct;

(ix) Transmitting, making, selling, buying, or disseminating by means of a computer any descriptive or identifying information regarding a child minor for the purpose of offering or soliciting sexual conduct of or with a child minor or the visual depicting of such conduct;

(x) Conspiracy to transport, ship, receive, or distribute visual depictions of minors engaged in sexually explicit conduct; or

(xi) Any conduct which, by its nature, is a sexual offense against a victim who is a minor.

(C) 'Criminal offense against a victim who is a minor' with respect to convictions occurring after June 30, 2026, means any criminal offense under Title 16 or any offense under federal law or the laws of another state or territory of the United States which consists of:

(i) Kidnapping of a minor, except by a parent;

(ii) False imprisonment of a minor, except by a parent;

(iii) Criminal sexual conduct toward a minor;

(iv) Solicitation of a minor to engage in sexual conduct;

(v) Use of a minor in a sexual performance;

(vi) Solicitation of a minor to practice prostitution;

(vii) Use of a minor to engage in any sexually explicit conduct to produce any visual medium depicting such conduct;

(viii) Creating, publishing, selling, distributing, or possessing any material depicting a minor or a portion of a minor's body engaged in sexually explicit conduct;

(ix) Transmitting, making, selling, buying, or disseminating by means of a computer any descriptive or identifying information regarding a minor for the purpose of offering or soliciting sexual conduct of or with a minor or the visual depicting of such conduct;

(x) Conspiracy to transport, ship, receive, or distribute visual depictions of minors engaged in sexually explicit conduct;

(xi) Distribution of computer generated obscene material depicting a minor in violation of Code Section 16-12-80; or

(xii) Any conduct which, by its nature, is a sexual offense against a victim who is a minor.

(C)(D) For purposes of this paragraph, a conviction for a misdemeanor shall not be considered a criminal offense against a victim who is a minor, and conduct which is adjudicated in juvenile court shall not be considered a criminal offense against a victim who is a minor."

SECTION 5.

This Act shall become effective on July 1, 2026.

SECTION 6.

All laws and parts of laws in conflict with this Act are repealed.