Georgia CommonsSB 398: Wiretapping, Eavesdropping, Surveillance, and Related Offenses; criminal offenses of virtual peeping; establish
Last action March 31, 2026 · Senate Disagreed House Amend or Sub
A Georgia Senate bill would make it a crime to use artificial intelligence to generate obscene images of a real adult without that person's consent, adding a new offense to the state's peeping tom law.
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
Georgia's peeping tom law (O.C.G.A. § 16-11-61) currently covers physical spying and secret recording. This bill adds a new offense called virtual peeping on an adult, aimed at AI-generated fake explicit images rather than physical intrusion. The bill defines key terms: an 'adult' is someone 18 or older, a 'generative artificial intelligence system' is software that produces synthetic content like images or text, and 'obscene material' follows a three-part legal test looking at whether the material appeals to prurient interest, lacks serious value, and depicts sexually explicit conduct in a patently offensive way. Under the new law, a person commits virtual peeping on an adult if they knowingly use an AI system to create obscene material containing an image of a real adult, knowing that adult never authorized or consented to it. The bill repeals any conflicting laws but does not specify a separate penalty section or effective date beyond standard enactment.
What the bill does
- Adds a new subsection to Georgia's peeping tom law (O.C.G.A. § 16-11-61) creating the offense of virtual peeping on an adult.
- Defines who counts as an 'adult,' what a 'generative artificial intelligence system' is, and what qualifies as 'obscene material' using a three-part legal test.
- Makes it a crime to knowingly use an AI system to generate obscene images that include a real adult's likeness without that adult's authorization or consent.
- Requires that the person knew both that the image was generated and that it lacked the depicted adult's consent, setting a knowledge based standard for guilt.
- Repeals any existing Georgia laws that conflict with this new offense.
Who it affects
Adults in Georgia whose likenesses could be used without permission in AI-generated explicit images, and anyone who creates or causes such images to be generated using AI systems, who could now face criminal liability under the state's peeping tom law.
Why it matters
As AI tools that generate realistic fake images become more common, this bill gives Georgia prosecutors a specific criminal charge for people who use such tools to create obscene images of real adults without their consent, rather than relying on existing laws not written with AI in mind.
Key provisions
- Section 1 amends O.C.G.A. § 16-11-61 by adding subsection (c), defining 'adult,' 'generative artificial intelligence system,' 'image,' 'individual,' and 'obscene material.'
- The obscenity definition requires material to appeal to prurient interest under community standards, lack serious literary, artistic, political, or scientific value, and depict sexually explicit conduct in a patently offensive way.
- The new offense requires knowing and intentional use of an AI system to generate obscene material including an image of an adult, with knowledge the generation was unauthorized or non-consensual.
- Section 2 repeals any Georgia laws that conflict with the new provisions.
From the bill
“A person commits the offense of virtual peeping on an adult when such person knowingly and intentionally causes a generative artificial intelligence system to generate obscene material that includes an image of an adult with the knowledge that the generation of such material including such image was not authorized or consented to by such adult.”
“'Generative artificial intelligence system' means an engineered or computer based system that is intended to generate, with some degree of autonomy, synthetic content and information, including, but not limited to, images and text responses.”
Status timeline
- Senate Disagreed House Amend or Sub (Senate)
- House Passed/Adopted By Substitute (House)
- House Third Readers (House)
- House Committee Favorably Reported By Substitute (House)
- House Second Readers (House)
- House First Readers (House)
- Senate Passed/Adopted By Substitute (Senate)
- Senate Taken from Table (Senate)
Show full history (14 actions)
- Senate Tabled (Senate)
- Senate Third Read (Senate)
- Senate Read Second Time (Senate)
- Senate Committee Favorably Reported By Substitute (Senate)
- Senate Read and Referred (Senate)
- Senate Hopper (Senate)
Sponsors
- Bo Hatchett (R, SD-050)
- Jason Anavitarte (R, SD-031)
- Brian Strickland (R, SD-042)
- Randy Robertson (R, SD-029)
- Timothy Bearden (R, SD-030)
- Matt Brass (R, SD-006)
- Drew Echols (R, SD-049)
- Carden Summers (R, SD-013)
- Shawn Still (R, SD-048)
- Billy Hickman (R, SD-004)
- Max Burns (R, SD-023)
- Sam Watson (R, SD-011)
- Marty Harbin (R, SD-016)
- Ed Setzler (R, SD-037)
- Chuck Payne (R, SD-054)
- Kay Kirkpatrick (R, SD-032)
- Bill Cowsert (R, SD-046)
- Clint Dixon (R, SD-045)
- Russ Goodman (R, SD-008)
- Lee Anderson (R, SD-024)
- Jason T. Dickerson (R, SD-021)
- John Albers (R, SD-056)
- Mike Hodges (R, SD-003)
- Will Wade (R, HD-009)
Votes
- Senate voteFebruary 20, 2026
48 yea, 1 nay (1 not voting, 4 absent)
- House voteMarch 31, 2026
164 yea, 2 nay (2 not voting, 8 absent)
Topics
- artificial intelligence
- deepfakes
- privacy law
- sex crimes
- criminal law