Georgia CommonsSB 418: Torts; cause of action against the knowing and unauthorized use of an individual's photograph or image together with representations of nudity or sexually explicit conduct; provide
Last action March 10, 2026 · House Second Readers
A Georgia Senate bill would let the Attorney General or local prosecutors sue people who knowingly use someone's photo combined with nude or sexually explicit images without permission, with civil penalties up to $10,000 per violation.
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 Engrossed version, the latest LegiScan holds.
In plain language
Georgia currently has criminal laws touching on nonconsensual sexual images, but this bill adds a new civil enforcement tool. It creates a new section of Georgia's tort law (O.C.G.A. § 51-1-58) letting the Attorney General or an appropriate local prosecutor file a civil lawsuit against anyone who knowingly combines a person's photo or image with nudity or sexually explicit content, knowing the person (or their parent, guardian, or, if deceased, their estate) never authorized it. Prosecutors could seek a court order stopping the conduct, civil penalties of up to $10,000 per violation, or both. Any such civil case would be paused if a related criminal case is happening at the same time. Victims have up to ten years to bring a case, or until they turn 18 if they were minors when the violation happened. Internet service providers and similar companies are shielded from liability if they merely provide access to content they did not create.
What the bill does
- Creates a new civil enforcement tool letting the Attorney General or a local prosecutor sue people who knowingly pair someone's image with nudity or sexually explicit content without consent.
- Allows courts to impose civil penalties of up to $10,000 per violation, order injunctive relief (a court order to stop the conduct), or both.
- Requires any such civil case to pause while a related criminal case over the same incident is ongoing.
- Sets a ten-year window to file a case, extended for minors until they turn 18.
- Shields internet service providers, search engines, and cloud service providers from liability for merely hosting or transmitting such content they did not create.
Who it affects
People whose images are combined with nude or sexually explicit content without their permission, including minors and deceased individuals through their guardians or estates; people who create or share such combined images; the Attorney General and local prosecutors, who gain new enforcement power; and internet service providers and cloud services, which get a liability shield.
Why it matters
Victims of nonconsensual sexualized images would have a state-driven civil enforcement path, backed by prosecutors rather than requiring a private lawsuit, with financial penalties reaching $10,000 per violation. Tech companies that merely transmit content would not face liability solely for hosting it.
Key provisions
- Section 1 adds new Code Section 51-1-58 to Georgia's tort law, defining terms including 'depiction,' 'image,' 'nudity,' and 'sexually explicit conduct' by reference to existing criminal code sections.
- Subsection (b) authorizes the Attorney General or an appropriate prosecuting attorney to bring a civil enforcement action against anyone who knowingly and without authorization uses a person's image with nudity or sexually explicit depictions.
- Subsection (b) sets penalties: injunctive relief, civil penalties up to $10,000 per violation, or both.
- Subsection (c) requires the civil case to be stayed (paused) while any related criminal case over the same incident is pending.
- Subsection (d) sets a ten-year statute of limitations, or until a minor victim turns 18, whichever gives more time.
- Subsection (e) exempts internet service providers, search engines, and cloud service providers from liability for merely providing access, unless they helped create the depiction.
- Section 2 repeals any conflicting laws.
From the bill
“The Attorney General or an appropriate prosecuting attorney may bring a civil enforcement action against any person, irrespective of such person's age, who knowingly uses an individual's image together at the same time with one or more depictions of nudity or sexually explicit conduct”
“Any civil enforcement action filed under subsection (b) of this Code section shall be stayed during the pendency of any criminal action arising out of the same occurrence giving rise to such enforcement action.”
Status timeline
- House Second Readers (House)
- House First Readers (House)
- Senate Passed/Adopted By Substitute (Senate)
- Senate Third Read (Senate)
- Senate Taken from Table (Senate)
- Senate Tabled (Senate)
- Senate Read Second Time (Senate)
- Senate Committee Favorably Reported By Substitute (Senate)
Show full history (10 actions)
- Senate Read and Referred (Senate)
- Senate Hopper (Senate)
Sponsors
- Max Burns (R, SD-023)
- Elena Parent (D, SD-044)
- Jason Anavitarte (R, SD-031)
- Shawn Still (R, SD-048)
- Bo Hatchett (R, SD-050)
- Brian Strickland (R, SD-042)
- Nan Orrock (D, SD-036)
- Randy Robertson (R, SD-029)
- Jason T. Dickerson (R, SD-021)
- Harold Jones (D, SD-022)
- RaShaun Kemp (D, SD-038)
- Jaha Howard (D, SD-035)
- Kenya Wicks (D, SD-034)
- Blake Tillery (R, SD-019)
Votes
- Senate voteMarch 6, 2026
40 yea, 8 nay (3 not voting, 4 absent)
Topics
- nonconsensual explicit images
- deepfakes and image abuse
- civil enforcement
- Attorney General powers
- internet liability protections