SB 61: Delinquency; additional offenses over which superior courts are authorized to exercise exclusive original jurisdiction; provide

This bill, as rewritten by a House committee, adds a new section to Georgia's internet and e-mail fraud law (O.C.G.A. § 16-9-109.2). It creates three new crimes tied to social media platforms: impersonating a Georgia resident online without consent to deceive, harm, or defraud someone; taking upfront payment for goods or services on a platform and never delivering them or refunding a disputed charge; and knowingly creating interactive content that encourages or aids a violent felony. Anyone convicted of these offenses faces one to 20 years in prison, a fine between $1,000 and $500,000, or both. Victims could also sue for damages, including inferred special damages and attorney's fees if they win. The bill states it should not be read to restrict free speech rights or to make platform operators liable simply for hosting others' content, consistent with federal law (Section 230 of the Communications Act). Separately, it amends Georgia's personal jurisdiction law (O.C.G.A. § 9-10-91) so that operating an online platform reachable in Georgia counts as transacting business here. The changes would take effect July 1, 2026.

• Creates the crime of digital identity fraud for impersonating a Georgia resident on social media without consent to deceive, harm, or commit fraud.
• Creates the crime of digital marketing fraud for collecting upfront payment on a platform for goods or services never delivered and refusing a timely refund.
• Creates the crime of criminal digital design for knowingly creating content that encourages or aids a violent felony.
• Sets penalties of one to 20 years in prison, a fine of $1,000 to $500,000, or both for any of these three offenses.
• Allows victims to sue for damages, including inferred special damages, plus attorney's fees if they win, in addition to any criminal case.
• Amends Georgia's rules for suing out-of-state defendants (O.C.G.A. § 9-10-91) so operating an online platform accessible in Georgia counts as transacting business in the state.

Social media platform operators and users in Georgia, people whose identities or images are used to impersonate them online, consumers who pay for goods or services through social media, and out-of-state platform operators who could now be sued in Georgia courts based on their platform's reach into the state.

Georgians who are impersonated online, scammed through social media sales, or exposed to content pushing violent crime would gain a specific criminal law and a right to sue for damages. Platform operators and online sellers reaching Georgia users would face new legal exposure and potential Georgia court jurisdiction.

• New Code Section 16-9-109.2(b) defines and criminalizes digital identity fraud, using another person's identity or profile information on social media without consent to deceive or harm.
• Subsection (c) criminalizes digital marketing fraud: taking upfront payment for goods or services never provided and refusing a refund on a disputed charge.
• Subsection (d) criminalizes criminal digital design, creating content that encourages or aids a felony involving force or violence.
• Subsection (e) sets penalties for all three offenses at one to 20 years imprisonment and a fine of $1,000 to $500,000, or both.
• Subsection (f) creates a civil cause of action for victims, allowing damages, inferred special damages, and attorney's fees for a prevailing plaintiff.
• Subsection (g) states the law should not be read to limit free speech rights or to hold platform operators liable as publishers, consistent with Section 230 of the federal Communications Act.
• Section 2 amends O.C.G.A. § 9-10-91 to count operating an online platform accessible in Georgia as transacting business for personal jurisdiction purposes.
• Section 3 sets the effective date as July 1, 2026.

1. 2026-03-27House Committee Favorably Reported By Substitute (House)
2. 2025-03-11House Second Readers (House)
3. 2025-03-10House First Readers (House)
4. 2025-03-06Senate Passed/Adopted By Substitute (Senate)
5. 2025-03-06Senate Third Read (Senate)
6. 2025-03-04Senate Read Second Time (Senate)
7. 2025-03-03Senate Committee Favorably Reported By Substitute (Senate)
8. 2025-01-30Senate Read and Referred (Senate)

• Greg Dolezal (R, SD-027)Primary sponsor
• Clint Dixon (R, SD-045)
• Billy Hickman (R, SD-004)
• Shawn Still (R, SD-048)
• Randy Robertson (R, SD-029)
• John Albers (R, SD-056)
• Sam Watson (R, SD-011)
• Marty Harbin (R, SD-016)
• Russ Goodman (R, SD-008)
• Max Burns (R, SD-023)
• Lee Anderson (R, SD-024)
• Chuck Hufstetler (R, SD-052)
• Blake Tillery (R, SD-019)
• John Kennedy (R, SD-018)
• Bill Cowsert (R, SD-046)
• David Lucas (D, SD-026)
• Tyler Smith (R, HD-018)

1. PassedSenate voteMarch 6, 2025

   33 yea, 22 nay (0 not voting, 1 absent)

   Passage By Substitute: Senate Vote #164

• social media fraud
• identity theft
• online consumer scams
• internet law
• civil lawsuits