---
title: 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
collection: bills
id: 2025-2026/sb418
cite_as: SB 418, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/sb418
md_url: https://georgiacommons.org/bills/2025-2026/sb418.md
text_url: https://georgiacommons.org/bills/2025-2026/sb418/text
source_url: https://www.legis.ga.gov/legislation/72324
date: 2026-03-10
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: 784
omitted_url: https://georgiacommons.org/bills/2025-2026/sb418.md?full=1
bill_number: SB 418
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: Senate
bill_type: bill
status_date: 2026-03-06
last_action: House Second Readers
sponsors:
- Max Burns
- Elena Parent
- Jason Anavitarte
- Shawn Still
- Bo Hatchett
- Brian Strickland
- Nan Orrock
- Randy Robertson
- Jason T. Dickerson
- Harold Jones
- RaShaun Kemp
- Jaha Howard
- Kenya Wicks
- Blake Tillery
text_version: Engrossed
has_text: true
legiscan_url: https://legiscan.com/GA/bill/SB418/2025
upstream_id: 2089577
summaries_model: claude-sonnet-5
topic_tags:
- nonconsensual explicit images
- deepfakes and image abuse
- civil enforcement
- Attorney General powers
- internet liability protections
---
# 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
## Text
Senate Bill 418
By: Senators Burns of the 23rd, Parent of the 44th, Anavitarte of the 31st, Still of the 48th,
Hatchett of the 50th and others
AS PASSED SENATE
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to
general provisions regarding torts, so as to authorize the Attorney General or an appropriate
prosecuting attorney to bring civil enforcement actions against the knowing and unauthorized
use of an individual's photograph or image together with representations of nudity or sexually
explicit conduct; to provide for stays of such civil enforcement actions; to provide for a
limitation of liability; 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.
Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general
provisions regarding torts, is amended by adding a new Code section to read as follows:
"51-1-58.
(a) As used in this Code section, the term:
(1) 'Depiction' means any visual representation of an individual or sexually explicit
conduct.
(2) 'Identifiable' means recognizable by a person other than the individual depicted.
(3) 'Image' means any readily identifiable depiction of an individual, including, but not
limited to, a photograph.
(4) 'Individual' means a natural person, living or dead.
(5) 'Nudity' shall have the same meaning as set forth in Code Section 16-11-90.
(6) 'Photograph' means any photograph or photorealistic representation in any format,
still or moving, of an individual.
(7) 'Sexually explicit conduct' shall have the same meaning as set forth in Code Section
16-12-100.
(8) 'Use' or 'uses' means and includes personal use and use that involves publication,
performance, distribution, transmission, or otherwise making available to the public
irrespective of whether such use is for commercial purposes.
(b) 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 with the knowledge that such use was not authorized by such
individual or, in the case of a minor, such minor's parent or legal guardian, or, in the case
of a deceased individual, the executor or administrator, heirs, or devisees of such deceased
individual. For violations of this Code section, the Attorney General or an appropriate
prosecuting attorney shall be authorized to seek injunctive relief, civil penalties up to
$10,000.00 per violation, or both.
(c) 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.
(d) Notwithstanding any other law to the contrary, an action may be brought under
subsection (b) of this Code section within ten years after:
(1) The civil enforcement action arose; or
(2) The individual victim reaches 18 years of age, if such individual was a minor at the
time of the alleged violation.
(e) No internet service provider, search engine provider, cloud service provider, or affiliate
or subsidiary thereof shall be liable under this Code section solely on the basis of providing
access or connection to or from a website, other information or content on the internet, or
a facility, system, or network not under the control of such provider, including, but not
limited to, the transmission, download, intermediate storage, or access software of content
that is a depiction of nudity or sexually explicit conduct except to the extent such provider
is responsible for the creation of such depiction."
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 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.
### Plain-language summary
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. ยง 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 it 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.
## Status
- Status: Engrossed (2026-03-06)
- Last action: House Second Readers (2026-03-10)
- Sponsors: Max Burns, Elena Parent, Jason Anavitarte, Shawn Still, Bo Hatchett, Brian Strickland, Nan Orrock, Randy Robertson, Jason T. Dickerson, Harold Jones, RaShaun Kemp, Jaha Howard, Kenya Wicks, Blake Tillery
- Official page: https://www.legis.ga.gov/legislation/72324
> The history, votes, and amendments (784 characters) are at https://georgiacommons.org/bills/2025-2026/sb418.md?full=1