SB 594: Internet and E-mail Fraud; the criminal offense of digital identity fraud; establish

This bill responds to the rise of artificial intelligence tools that can create fake but realistic video, audio, or images of real people. It creates a new crime of 'fraudulent election interference' for knowingly publishing AI-generated media that falsely depicts a candidate within 90 days of an election, with penalties ranging from a misdemeanor to a felony with up to five years in prison and a $50,000 fine. It also requires campaign ads that use AI-generated content to carry clear disclosures. Separately, the bill creates a new felony for distributing AI-generated obscene images that appear to depict a child, punishable by one to 15 years in prison, and a new crime of 'digital identity fraud' for impersonating a real Georgia resident on social media to deceive, harm, or defraud, punishable by one to 20 years in prison and fines up to $500,000. It also lets judges add extra prison time and fines when someone uses AI to commit certain other crimes such as stalking or child exploitation. The changes would take effect July 1, 2026, and apply to offenses committed after that date.

• Creates a new crime of fraudulent election interference for knowingly publishing AI-generated deepfake media about a candidate within 90 days of an election, with escalating misdemeanor and felony penalties.
• Requires political campaign ads that use AI-generated audio or video to include a clearly visible or audible disclosure that AI was used.
• Creates a new felony for distributing computer-generated obscene images that appear to depict a child, punishable by 1 to 15 years in prison.
• Creates a new felony called digital identity fraud for impersonating a real Georgia resident on social media to deceive, harm, or commit fraud, punishable by 1 to 20 years in prison and fines up to $500,000.
• Allows judges to impose longer sentences and higher fines when a defendant knowingly used artificial intelligence to commit certain listed crimes, such as stalking or child exploitation offenses.
• Gives the Georgia Attorney General shared authority with the State Election Board to prosecute election deepfake cases and allows injunctions to stop distribution of the deceptive media.

Political candidates, campaign staff, political committees, and anyone who creates or shares AI-generated media about elections; social media platform operators and users; people who create or distribute AI-generated child sexual abuse material; and anyone convicted of certain crimes such as stalking, fraud, or child exploitation who used AI in committing them.

Georgians could face new felony charges for using AI to impersonate someone online or to spread fake election videos, while candidates and voters would gain new legal tools to fight deepfakes. People convicted of using AI in other crimes could also face substantially longer prison time and larger fines than under current law.

• Section 2-1 adds O.C.G.A. § 21-2-605, defining 'materially deceptive media' and creating the crimes of fraudulent election interference and solicitation of it, with penalties up to 5 years and a $50,000 fine for repeat offenses.
• Section 2-1 exempts satire, parody, artistic expression, and bona fide journalism from the new election interference crime.
• Section 2-4 adds O.C.G.A. §§ 21-5-90 through 21-5-94, requiring disclosure when campaign ads use AI-generated content and setting fines of at least $10,000 per violation plus disgorgement of AI-solicited fundraising money.
• Section 3-1 adds O.C.G.A. § 16-12-80.1, criminalizing distribution of AI-generated obscene images depicting what appears to be a child under 16, punishable by 1 to 15 years in prison.
• Section 3-2 adds O.C.G.A. § 16-9-109.2, creating the felony of digital identity fraud for unauthorized social media impersonation of a Georgia resident, punishable by 1 to 20 years and fines up to $500,000.
• Section 3-2 states the new digital identity fraud law should not be used to hold social media operators liable as publishers, consistent with federal Section 230 protections.
• Section 4-1 adds O.C.G.A. § 17-10-23, allowing enhanced sentences (extra prison time and fines of at least $5,000) when a defendant knowingly used AI to commit certain listed crimes, with advance written notice required from prosecutors.
• Section 5-1 sets the effective date as July 1, 2026, applying only to offenses committed on or after that date.

1. 2026-03-25House Passed/Adopted By Substitute (House)
2. 2026-03-25House Third Readers (House)
3. 2026-03-19House Committee Favorably Reported By Substitute (House)
4. 2026-03-10House Second Readers (House)
5. 2026-03-09House First Readers (House)
6. 2026-03-06Senate Passed/Adopted (Senate)
7. 2026-03-06Senate Third Read (Senate)
8. 2026-03-06Senate Taken from Table (Senate)

• Timothy Bearden (R, SD-030)Primary sponsor
• Brian Strickland (R, SD-042)
• Bo Hatchett (R, SD-050)
• Jason Anavitarte (R, SD-031)
• Clint Dixon (R, SD-045)
• Matt Brass (R, SD-006)
• Shawn Still (R, SD-048)
• Tyler Smith (R, HD-018)

1. PassedSenate voteMarch 6, 2026

   50 yea, 1 nay (2 not voting, 2 absent)

   Passage: Senate Vote #662

2. PassedHouse voteMarch 25, 2026

   159 yea, 6 nay (1 not voting, 10 absent)

   Passage: House Vote #766

• artificial intelligence
• election deepfakes
• digital identity fraud
• child exploitation law
• criminal sentencing