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Senate · Engrossed · 2025-2026 Regular Session

SB 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.

Read the full bill text

These buttons carry the bill's own text, not the summaries below. Copy for LLM, View as markdown, and Send to AI use the Markdown version: the text as filed, then the summaries under a heading that names them as ours. View raw is the text alone.

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 the General Assembly's website lists.

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”

This is the bill's core rule allowing prosecutors to sue over nonconsensual sexualized image use.

“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.”

This requires civil cases to pause if a related criminal case is happening.

Discussed in meetings (9)

The House and Senate meetings that took this bill up, from their machine transcripts. Each account was written by Georgia Commons with AI and is not part of the record; the video is what was said.

  1. Senate Judiciary Committee, February 26, 2026

    From 0:27:23 · Watch on the General Assembly's Vimeo channel

    Summary by Georgia Commons: The sponsor presented a substitute addressing knowingly unauthorized use of someone's image with nudity or sexually explicit conduct. The sponsor said the substitute replaced a private lawsuit with enforcement by the attorney general, who could seek a court order, penalties up to $1,000 per violation, or both. The sponsor described a 10-year filing period, running from the 18th birthday for minors, protection for deceased individuals, a pause during related criminal proceedings, and an exemption for internet providers that only supply access or connections. One committee member questioned relying solely on the attorney general, citing competing demands and the possibility that a case would not be pursued. The sponsor welcomed broader enforcement. Legislative counsel advised that allowing private lawsuits would require different language, not simply replacing the attorney general with any person. The committee unanimously adopted an amendment allowing enforcement by the attorney general or an appropriate prosecuting attorney, with a corresponding title change. The amended substitute then passed unanimously.

  2. Senate Rules Committee, March 5, 2026

    From 0:22:46 · Watch on the General Assembly's Vimeo channel

    Summary by Georgia Commons: The sponsor described SB 418 as protection against unauthorized use of people's images to depict nudity or sexually explicit conduct, especially involving minors. Returning to the proposal later, the sponsor corrected the calendar sheet's description: enforcement would be through the attorney general or an appropriate prosecuting authority, not a private lawsuit by an individual. The chair said bill titles should be updated to reflect committee changes. The committee unanimously included the bill in the floor-calendar package.

  3. Senate floor session, March 6, 2026 (legislative day 28, part 1)

    From 8:41:19 · Watch on the General Assembly's Vimeo channel · Confirmed by the bill's status history (Senate Tabled)

    Summary by Georgia Commons: The sponsor said SB 418 would allow the attorney general or appropriate prosecutor to bring civil enforcement actions against knowing, unauthorized use of a person's identifiable image in depictions of nudity or sexually explicit conduct. The sponsor said the protections covered minors, extended for 10 years after a minor turns 18 and could also cover deceased people. Two amendments changed terminology to consistently describe civil enforcement and increased the potential penalty from $1,000 to $10,000. A member asked whether private possession or a recognizable drawing could qualify without distribution. The sponsor answered that personal and commercial uses could be covered and emphasized knowing use without the depicted person's consent. Both amendments were adopted without objection. The Senate adopted the amended committee substitute and passed the bill, 40 to 8.

  4. House Technology and Infrastructure Innovation Committee, March 19, 2026

    From 0:12:07 · Watch on the General Assembly's Vimeo channel

    Summary by Georgia Commons: The sponsor presented a committee substitute for SB 418, saying it would let the attorney general or prosecutors seek orders stopping unauthorized sexualized depictions and civil penalties up to $10,000 per violation. The sponsor said protections covered minors, adults and deceased people, physical alterations as well as AI images, and personal use as well as distribution. The sponsor described 10-year filing periods, beginning at age 18 for minors, and a pause in civil proceedings during related criminal cases. One member questioned intent wording, parental-consent language, filing deadlines and the pause. The sponsor agreed to review wording and deadlines but defended prioritizing criminal cases. Other members questioned provider protections. The sponsor said providers could remain liable for creating content, but not merely supplying access or tools. Another member favored allowing individuals to sue, citing prosecutor workloads; the sponsor argued prosecutor-led enforcement would be faster and less costly. Members also raised parody, nonsexual humiliating images and possible overlap with child sexual abuse and revenge-porn laws. The sponsor said civil relief would supplement criminal enforcement. A Frontline witness supported the measure. The chair identified possible revisions. No amendment or vote occurred.

Status timeline

  1. 2026-03-10House Second Readers (House)
  2. 2026-03-09House First Readers (House)
  3. 2026-03-06Senate Passed/Adopted By Substitute (Senate)
  4. 2026-03-06Senate Third Read (Senate)
  5. 2026-03-06Senate Taken from Table (Senate)
  6. 2026-03-06Senate Tabled (Senate)
  7. 2026-03-04Senate Read Second Time (Senate)
  8. 2026-03-03Senate Committee Favorably Reported By Substitute (Senate)
Show full history (10 actions)
  1. 2026-01-27Senate Read and Referred (Senate)
  2. 2026-01-21Senate Hopper (Senate)

Sponsors

  • Max Burns (R, SD-23)Primary sponsor
  • Elena Parent (D, SD-44)
  • Jason Anavitarte (R, SD-31)
  • Shawn Still (R, SD-48)
  • Bo Hatchett (R, SD-50)
  • Brian Strickland (R, SD-42)
  • Nan Orrock (D, SD-36)
  • Randy Robertson (R, SD-29)
  • Jason T. Dickerson (R, SD-21)
  • Harold Jones II (D, SD-22)
  • RaShaun Kemp (D, SD-38)
  • Jaha Howard (D, SD-35)
  • Kenya Wicks (D, SD-34)
  • Blake Tillery (R, SD-19)

Votes

  1. PassedSenate voteMarch 6, 2026

    40 yea, 8 nay (3 not voting, 4 excused)

    PASSAGE BY SUBSTITUTE: Senate Vote #676

Topics

  • nonconsensual explicit images
  • deepfakes and image abuse
  • civil enforcement
  • Attorney General powers
  • internet liability protections

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Answers come from this document. Not legal advice.

Machine-readable https://georgiacommons.org/bills/2025-2026/sb418.md · https://georgiacommons.org/bills/index.md · MCP https://mcp.georgiacommons.org/mcp