---
title: SB 61. Delinquency; additional offenses over which superior courts are authorized to exercise exclusive original jurisdiction; provide
collection: bills
id: 2025-2026/sb61
cite_as: SB 61, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/sb61
md_url: https://georgiacommons.org/bills/2025-2026/sb61.md
text_url: https://georgiacommons.org/bills/2025-2026/sb61/text
source_url: https://www.legis.ga.gov/legislation/69639
date: 2026-03-27
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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previous: https://georgiacommons.org/bills/2025-2026/sb60.md
next: https://georgiacommons.org/bills/2025-2026/sb62.md
index: https://georgiacommons.org/bills/index.md
omitted: votes and history
omitted_chars: 719
omitted_url: https://georgiacommons.org/bills/2025-2026/sb61.md?full=1
bill_number: SB 61
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: Senate
bill_type: bill
status_date: 2025-03-06
last_action: House Committee Favorably Reported By Substitute
sponsors:
  - Greg Dolezal
  - Clint Dixon
  - Billy Hickman
  - Shawn Still
  - Randy Robertson
  - John Albers
  - Sam Watson
  - Marty Harbin
  - Russ Goodman
  - Max Burns
  - Lee Anderson
  - Chuck Hufstetler
  - Blake Tillery
  - John Kennedy
  - Bill Cowsert
  - David Lucas
  - Tyler Smith
text_version: Comm Sub
has_text: true
legiscan_url: https://legiscan.com/GA/bill/SB61/2025
upstream_id: 1947564
summaries_model: claude-sonnet-5
topic_tags:
  - social media fraud
  - identity theft
  - online consumer scams
  - internet law
  - civil lawsuits
---

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

## Text

The House Committee on Judiciary, Non-Civil offers the following substitute to SB 61:
A BILL TO BE ENTITLED
AN ACT
To amend Part 4 of Article 6 of Chapter 9 of Title 16 of the Official Code of Georgia
Annotated, relating to internet and e-mail fraud, so as to establish the criminal offense of
certain forms of digital fraud on social media platforms; to provide for criminal penalties; to
require social media platform operators to evaluate claims such fraud; to provide for civil
penalties; to provide for enforcement; to provide for a cause of action and damages; to
provide for definitions; to amend Code Section 9-10-91 of the Official Code of Georgia
Annotated, relating to grounds for exercising personal jurisdiction over nonresident, so as to
include the operation of an online platform in this state within transacting business within
this state for purposes of personal jurisdiction; to provide for related matters; to provide for
an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Part 4 of Article 6 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated,
relating to internet and e-mail fraud, is amended by adding a new Code section to read as
follows:
<ins>"16-9-109.2.
(a) As used in this Code section, the term:
(1) 'Operator' means any person or entity that runs or operates a social media platform.
(2) 'Social media platform' means an internet website, service, application, or product
that:
(A) Is open to the public;
(B) Allows or enables users to create accounts or communicate or interact with other
users; and
(C) Permits users to create or post content or information, including, but not limited
to, images, videos, video games, or such other content that is viewable or able to be
engaged with by other users.
(b) A person commits the offense of digital identity fraud when, using a social media
platform, such person knowingly and without authorization:
(1) Uses the identity of an individual who is a resident of this state without such
individual's consent, including such individual's name, image, identifying information,
or social media platform profile information to mimic such individual, with the intent to
deceive others, cause harm, or commit fraud; or
(2) Creates a social media platform profile that mimics an individual who is a resident
of this state without such individual's consent, through use of such individual's name,
image, identifying information, or social media platform profile information, with the
intent to use such social media platform profile, or to make it available for use by others,
to deceive others, cause harm, or commit fraud.
(c) A person commits the offense of digital marketing fraud when, using a social media
platform, such person knowingly and willfully collects payment upfront for services or
goods never given and refuses to provide a refund within a reasonable period of time of a
disputed charge.
</ins>
<ins>(d) A person commits the offense of criminal digital design when, using a social media
platform, such person knowingly and willfully creates interactive content that encourages,
causes, abets, connives, solicits, engages, or aids another in committing any felony which
encompasses force or violence as an element of the offense which would constitute a
felony which encompasses force or violence as an element of the offense.
(e) A person who commits an offense provided in subsection (b), (c), or (d) of this Code
section shall be guilty of a felony and, upon conviction thereof, shall be punished by
imprisonment for not less than one year nor more than 20 years, a fine of not less than
$1,000.00 nor more than $500,000.00, or both.
(f) Any violation of subsection (b), (c), or (d) of this Code section shall constitute a tort and
shall create a right of action in any person aggrieved by such violation, including, but not
limited to, any person whose identity was used or mimicked, for which damages may be
recovered. Special damages may be inferred by the violation. The remedies provided in
this Code section are in addition to any other procedures or remedies available at law or
equity. Reasonable attorney's fees shall be awarded to the plaintiff where the plaintiff has
prevailed in the underlying action.
(g) It is the intent of the General Assembly that this Code section shall not be construed
or applied to:
(1) Diminish or infringe upon any right of petition or free speech under the Constitution
of the United States or the Constitution of the State of Georgia; or
(2) Prosecute or impose liability upon any operator on the basis that such operator is the
publisher or speaker of content that is alleged to constitute digital identity fraud, digital
marketing fraud, criminal digital design or in any manner that is inconsistent with Section
230 of Chapter 5 of Title 47 of the United States Code."
</ins>
SECTION 2.
Code Section 9-10-91 of the Official Code of Georgia Annotated, relating to grounds for
exercising personal jurisdiction over nonresident, is amended by revising paragraph (1) as
follows:
"(1) Transacts any business within this state, <ins>including, but not limited to, operation of
an online platform with access in this state;"
</ins> SECTION 3.
This Act shall become effective on July 1, 2026.
SECTION 4.
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 House committee substitute for SB 61 would create new Georgia crimes for faking someone's identity on social media, taking payment for goods never delivered, or designing content that encourages violent felonies, with prison time and civil lawsuits allowed.

### Plain-language summary

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.

### What it does

- 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.

### Who it affects

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.

### Why it matters

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.

### Key provisions

- 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.

## Status

- Status: Engrossed (2025-03-06)
- Last action: House Committee Favorably Reported By Substitute (2026-03-27)
- Sponsors: Greg Dolezal, Clint Dixon, Billy Hickman, Shawn Still, Randy Robertson, John Albers, Sam Watson, Marty Harbin, Russ Goodman, Max Burns, Lee Anderson, Chuck Hufstetler, Blake Tillery, John Kennedy, Bill Cowsert, David Lucas, Tyler Smith
- Official page: https://www.legis.ga.gov/legislation/69639

> The history, votes, and amendments (719 characters) are at https://georgiacommons.org/bills/2025-2026/sb61.md?full=1