Georgia General Assembly · Full text

SB 398: Wiretapping, Eavesdropping, Surveillance, and Related Offenses; criminal offenses of virtual peeping; establish

Comm Sub version, the latest LegiScan holds · Last action March 31, 2026 · Engrossed

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All laws and parts of laws in conflict with this Act are repealed.