---
title: HB 792. Courts; increase amount of magistrate court claims from $15,000.00 to $30,000.00
collection: bills
id: 2025-2026/hb792
cite_as: HB 792, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/hb792
md_url: https://georgiacommons.org/bills/2025-2026/hb792.md
text_url: https://georgiacommons.org/bills/2025-2026/hb792/text
source_url: https://www.legis.ga.gov/legislation/71417
date: 2026-03-27
status: engrossed
corpus_version: bills-2026-09-13
license: Public record of the Georgia General Assembly, via LegiScan; see about.md
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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omitted: votes and history
omitted_chars: 713
omitted_url: https://georgiacommons.org/bills/2025-2026/hb792.md?full=1
bill_number: HB 792
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: House
bill_type: bill
status_date: 2026-02-25
last_action: Senate Read Second Time
sponsors:
- Martin Momtahan
- Matthew Gambill
- Stan Gunter
- Tyler Smith
- Soo Hong
- Mitchell Scoggins
- Timothy Bearden
text_version: Comm Sub
has_text: true
legiscan_url: https://legiscan.com/GA/bill/HB792/2025
upstream_id: 2010566
summaries_model: claude-sonnet-5
topic_tags:
- online impersonation
- social media regulation
- identity fraud
- internet crime
- consumer protection
---
# HB 792. Courts; increase amount of magistrate court claims from $15,000.00 to $30,000.00
## Text
The Senate Committee on Government Oversight offered the following
substitute to HB 792:
A BILL TO BE ENTITLED
AN ACT
To amend Part 4 of Article 6 of Chapter 9 of Title 16 of the Official Code of Georgia
Annotated, relating to internet and e-mail fraud, so as to establish criminal offenses of certain
forms of digital fraud on social media platforms; to provide for criminal penalties; to require
social media platform operators to evaluate claims of such fraud; to provide for civil
penalties; to provide for enforcement; to provide for a cause of action and damages; to
provide for definitions; to provide for related matters; to provide for an effective date and
applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Part 4 of Article 6 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated,
relating to internet and e-mail fraud, is amended by adding a new Code section to read as
follows:
"16-9-109.2.
(a) As used in this Code section, the term:
(1) 'Operator' means any person or entity that runs or operates a social media platform.
(2) 'Social media platform' means an internet website, service, application, or product
that:
(A) Is open to the public;
(B) Allows or enables users to create accounts or communicate or interact with other
users; and
(C) Permits users to create or post content or information, including, but not limited
to, images, videos, video games, or such other content that is viewable or able to be
engaged with by other users.
(b) A person commits the offense of digital identity fraud when, using a social media
platform, such person knowingly and without authorization:
(1) Uses the identity of an individual who is a resident of this state without such
individual's consent, including such individual's name, image, identifying information,
or social media platform profile information to mimic such individual, with the intent to
deceive others, cause harm, or commit fraud; or
(2) Creates a social media platform profile that mimics an individual who is a resident
of this state without such individual's consent, through use of such individual's name,
image, identifying information, or social media platform profile information, with the
intent to use such social media platform profile, or to make it available for use by others,
to deceive others, cause harm, or commit fraud.
(c) A person commits the offense of criminal digital design when, using a social media
platform, such person knowingly and willfully creates interactive content that encourages,
causes, abets, connives, solicits, engages, or aids another in committing any felony which
encompasses force or violence as an element of the offense which would constitute a
felony which encompasses force or violence as an element of the offense.
(d) A person who commits an offense provided in subsection (b) or (c) of this Code section
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.
(e)(1) Except as provided in subsection (f) of this Code section, an operator that receives
notice that an alleged violation of subsection (b) or (c) of this Code section has occurred
on the social media platform of the operator shall make a good faith effort to complete
an evaluation of the legality of the content or activity at issue within 72 hours of receiving
the notice, excluding hours during a Saturday or Sunday and subject to reasonable
exceptions based on concerns about the legitimacy of the notice.
(2) A violation of any provision of paragraph (1) of this subsection shall be punishable
by a civil fine in an amount not to exceed $5,000.00 for each violation, per day. A
prosecuting attorney or the Attorney General shall be authorized to prosecute the civil
case.
(f)(1) Within 72 hours of receiving a police incident report or other official
communication from a law enforcement officer or agency in this state that is submitted
through a platform's designated mechanism for processing law enforcement requests and
that includes an allegation that content on an operator's social media platform involves
an alleged violation of subsection (b) or (c) of this Code section, such operator shall
promptly restrict from public access all such content or activity. Any failure or refusal by
an operator to restrict public access to all such content within 72 hours, excluding hours
on a Saturday or Sunday, shall constitute a violation of this paragraph.
(2) Police incident reports and other official communications from a law enforcement
officer or agency in this state provided for in this subsection shall be submitted through
a designated mechanism for processing law enforcement requests on the operator's social
media platform and shall include:
(A) Identification of the law enforcement officer or agency in this state submitting such
report or other official communication; and
(B) Clear identification of the victim or account holder, and the profile alleged to have
been the subject of digital identity fraud.
(3) A violation of any provision of paragraph (1) of this subsection shall be punishable
by a civil fine in an amount not to exceed $50,000.00 for each violation, per day. A
prosecuting attorney or the Attorney General shall be authorized to prosecute the civil
case.
(g) 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, including, but not
limited to, any person whose identity was used or mimicked, for which damages may be
recovered. Special damages may be inferred by the violation. The remedies provided in this
Code section are in addition to any other procedures or remedies available at law or equity.
Reasonable attorney's fees shall be awarded to the plaintiff where the plaintiff has prevailed
in the underlying action.
(h) It is the intent of the General Assembly that this Code section shall not be construed
or applied to:
(1) Diminish or infringe upon any right of petition or free speech under the Constitution
of the United States or the Constitution of the State of Georgia; or
(2) Prosecute or impose liability upon any operator on the basis that such operator is the
publisher or speaker of content that is alleged to constitute digital identity fraud, digital
marketing fraud, criminal digital design or in any manner that is inconsistent with Section
230 of Chapter 5 of Title 47 of the United States Code."
SECTION 2.
This Act shall become effective on July 1, 2026, and shall apply to causes of action accruing
on or after such date.
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.
## Summaries written by Georgia Commons
The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary.
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.
### Plain-language summary
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 it 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. ยง 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.
## Status
- Status: Engrossed (2026-02-25)
- Last action: Senate Read Second Time (2026-03-27)
- Sponsors: Martin Momtahan, Matthew Gambill, Stan Gunter, Tyler Smith, Soo Hong, Mitchell Scoggins, Timothy Bearden
- Official page: https://www.legis.ga.gov/legislation/71417
> The history, votes, and amendments (713 characters) are at https://georgiacommons.org/bills/2025-2026/hb792.md?full=1