---
title: SB 398. Wiretapping, Eavesdropping, Surveillance, and Related Offenses; criminal offenses of virtual peeping; establish
collection: bills
id: 2025-2026/sb398
cite_as: SB 398, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/sb398
md_url: https://georgiacommons.org/bills/2025-2026/sb398.md
text_url: https://georgiacommons.org/bills/2025-2026/sb398/text
source_url: https://www.legis.ga.gov/legislation/72204
date: 2026-03-31
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: 1002
omitted_url: https://georgiacommons.org/bills/2025-2026/sb398.md?full=1
bill_number: SB 398
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: Senate
bill_type: bill
status_date: 2026-02-20
last_action: Senate Disagreed House Amend or Sub
sponsors:
- Bo Hatchett
- Jason Anavitarte
- Brian Strickland
- Randy Robertson
- Timothy Bearden
- Matt Brass
- Drew Echols
- Carden Summers
- Shawn Still
- Billy Hickman
- Max Burns
- Sam Watson
- Marty Harbin
- Ed Setzler
- Chuck Payne
- Kay Kirkpatrick
- Bill Cowsert
- Clint Dixon
- Russ Goodman
- Lee Anderson
- Jason T. Dickerson
- John Albers
- Mike Hodges
- Will Wade
text_version: Comm Sub
has_text: true
legiscan_url: https://legiscan.com/GA/bill/SB398/2025
upstream_id: 2073958
summaries_model: claude-sonnet-5
topic_tags:
- artificial intelligence
- deepfakes
- privacy law
- sex crimes
- criminal law
---
# SB 398. Wiretapping, Eavesdropping, Surveillance, and Related Offenses; criminal offenses of virtual peeping; establish
## Text
The House Committee on Judiciary, Non-Civil offers the following substitute to SB 398:
A BILL TO BE ENTITLED
AN ACT
To amend Code Section 16-11-61 of the Official Code of Georgia Annotated, relating to
peeping toms, so as to establish a criminal offense of virtual peeping on an adult; to provide
for definitions; to provide for related matters; to repeal conflicting laws; and for other
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 16-11-61 of the Official Code of Georgia Annotated, relating to peeping toms,
is amended by adding a new subsection to read as follows:
"(c)(1) As used in this subsection, the term:
(A) 'Adult' means any individual 18 years of age or older.
(B) '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.
(C) 'Image' means any readily recognizable photorealistic representation of an
individual, including, but not limited to, a photograph.
(D) 'Individual' means a natural person.
(E) 'Obscene material' means material which meets the following requirements:
(i) To the average person, applying contemporary community standards, taken as a
whole, the material predominantly appeals or panders to prurient interest in nudity,
sex, or excretion;
(ii) The material, taken as a whole, lacks serious literary, artistic, political, or
scientific value; and
(iii) The material depicts or describes sexually explicit conduct, as such term is
defined in Code Section 16-12-100, in a patently offensive way.
(2) 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."
SECTION 2.
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 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.
### Plain-language summary
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 it 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.
## Status
- Status: Engrossed (2026-02-20)
- Last action: Senate Disagreed House Amend or Sub (2026-03-31)
- Sponsors: Bo Hatchett, Jason Anavitarte, Brian Strickland, Randy Robertson, Timothy Bearden, Matt Brass, Drew Echols, Carden Summers, Shawn Still, Billy Hickman, Max Burns, Sam Watson, Marty Harbin, Ed Setzler, Chuck Payne, Kay Kirkpatrick, Bill Cowsert, Clint Dixon, Russ Goodman, Lee Anderson, Jason T. Dickerson, John Albers, Mike Hodges, Will Wade
- Official page: https://www.legis.ga.gov/legislation/72204
> The history, votes, and amendments (1,002 characters) are at https://georgiacommons.org/bills/2025-2026/sb398.md?full=1