Georgia CommonsHB 792: Courts; increase amount of magistrate court claims from $15,000.00 to $30,000.00
Last action March 27, 2026 · Senate Read Second Time
A Senate substitute to House Bill 792 would replace its original magistrate court subject matter with new criminal and civil penalties for using social media to impersonate Georgians or to solicit violent felonies.
The summaries below were written by an AI model (claude-sonnet-5) from the text of the bill and are not part of it. Quote the text, not the summary. The stored text is the Comm Sub version, the latest LegiScan holds.
In plain language
Although HB 792 was originally about raising the dollar limit on magistrate court claims, the version described here is a Senate committee substitute that rewrites the bill entirely. It adds a new section to Georgia's internet and e-mail fraud law (O.C.G.A. Title 16, Chapter 9) creating two new crimes: digital identity fraud, which is knowingly using or mimicking another Georgia resident's identity or social media profile without consent to deceive, harm, or defraud someone, and criminal digital design, which is using a social media platform to encourage or aid a violent felony. Both crimes are felonies punishable by one to 20 years in prison and fines between $1,000 and $500,000. Social media platform operators must evaluate fraud complaints within 72 hours and must restrict access to content flagged by law enforcement within 72 hours, or face civil fines up to $5,000 or $50,000 per day per violation. Victims also get a civil right to sue for damages and attorney's fees. The changes would take effect July 1, 2026.
What the bill does
- Creates a new felony called digital identity fraud for knowingly using or mimicking a Georgia resident's identity or social media profile without consent to deceive, harm, or commit fraud.
- Creates a new felony called criminal digital design for using social media to encourage, aid, or solicit a violent felony.
- Sets penalties for both new crimes at one to 20 years in prison, fines from $1,000 to $500,000, or both.
- Requires social media operators to evaluate fraud complaints within 72 hours or face civil fines up to $5,000 per day.
- Requires operators to restrict flagged content within 72 hours of a law enforcement report or face civil fines up to $50,000 per day.
- Gives victims of digital identity fraud or criminal digital design a civil right to sue for damages and attorney's fees.
Who it affects
Georgia residents whose identities or social media profiles could be impersonated, people who use social media to solicit or aid violent crimes, social media platform operators who must evaluate and act on fraud complaints, and prosecutors or the Attorney General who would enforce the new civil fines.
Why it matters
Georgians could face felony charges and steep fines for impersonating someone online to deceive or harm them, or for using social media to encourage violent crimes. Social media companies would face new compliance deadlines and civil fines, and fraud victims would gain a clearer path to sue for damages.
Key provisions
- Adds new O.C.G.A. § 16-9-109.2 defining 'operator' and 'social media platform' for purposes of the new offenses.
- Subsection (b) defines digital identity fraud as using or mimicking another Georgia resident's identity or profile without consent to deceive, harm, or commit fraud.
- Subsection (c) defines criminal digital design as using social media to encourage or aid a violent felony.
- Subsection (d) sets penalties of one to 20 years imprisonment and fines of $1,000 to $500,000 for either offense.
- Subsection (e) requires operators to evaluate fraud notices within 72 hours or face civil fines up to $5,000 per day, enforced by prosecutors or the Attorney General.
- Subsection (f) requires operators to restrict flagged content within 72 hours of a qualifying law enforcement report or face civil fines up to $50,000 per day.
- Subsection (g) creates a civil cause of action for victims, allowing damages and attorney's fees.
- Subsection (h) clarifies the law should not infringe free speech rights or impose liability on operators as publishers, consistent with federal Section 230 protections.
From the bill
“A person commits the offense of digital identity fraud when, using a social media platform, such person knowingly and without authorization”
“shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than 20 years, a fine of not less than $1,000.00 nor more than $500,000.00, or both.”
“Any violation of subsection (b) or (c) of this Code section shall constitute a tort and shall create a right of action in any person aggrieved by such violation”
Status timeline
- Senate Read Second Time (Senate)
- Senate Committee Favorably Reported By Substitute (Senate)
- Senate Withdrawn & Recommitted (Senate)
- Senate Read and Referred (Senate)
- House Passed/Adopted By Substitute (House)
- House Third Readers (House)
- House Committee Favorably Reported By Substitute (House)
- House Second Readers (House)
Show full history (11 actions)
- House Withdrawn, Recommitted (House)
- House First Readers (House)
- House Hopper (House)
Sponsors
- Martin Momtahan (R, HD-017)
- Matthew Gambill (R, HD-015)
- Stan Gunter (R, HD-008)
- Tyler Smith (R, HD-018)
- Soo Hong (R, HD-103)
- Mitchell Scoggins (R, HD-014)
- Timothy Bearden (R, SD-030)
Votes
- House voteFebruary 25, 2026
170 yea, 0 nay (4 not voting, 3 absent)
Topics
- online impersonation
- social media regulation
- identity fraud
- internet crime
- consumer protection