SB398: SB398 Wiretapping, Eavesdropping, Surveillance, and Related Offenses; criminal offenses of virtual peeping; establish

Georgia's existing peeping tom law (O.C.G.A. § 16-11-61) currently addresses spying and secret recording. This bill adds a new offense called virtual peeping on an adult, aimed at AI-generated sexual images rather than physical spying. Under the bill, a person commits the crime if they knowingly and intentionally use a generative artificial intelligence system, defined broadly to cover tools that create synthetic images or text, to produce obscene material containing an image of an adult, knowing that person never authorized or consented to being depicted that way. The bill defines key terms including 'adult,' 'image,' 'individual,' and 'obscene material,' the last of which uses the standard legal test for obscenity tied to community standards and sexually explicit conduct as defined elsewhere in Georgia law (O.C.G.A. § 16-12-100). The bill repeals any conflicting laws and does not state a delayed effective date.

• Creates a new criminal offense called virtual peeping on an adult under Georgia's peeping tom law (O.C.G.A. § 16-11-61).
• Makes it a crime to knowingly use a generative AI system to create obscene images of a real adult without that adult's consent.
• Defines 'generative artificial intelligence system' broadly to include any computer system that autonomously generates synthetic images or text.
• Defines 'obscene material' using the standard three-part legal obscenity test tied to community standards and sexually explicit conduct.
• Repeals any existing Georgia laws that conflict with this new offense.

Adults whose likeness could be used to generate fake sexual images without their consent, people who create or share such AI-generated content, and Georgia prosecutors and courts who would enforce the new offense under the peeping tom statute.

As AI image tools become easier to use, this bill gives Georgia prosecutors a specific charge for someone who knowingly generates fake obscene images of a real adult without consent, closing a gap in a law originally written for physical spying and secret recording.

• Section 1 adds a new subsection (c) to O.C.G.A. § 16-11-61 defining 'adult,' 'generative artificial intelligence system,' 'image,' 'individual,' and 'obscene material.'
• The obscenity definition requires material to appeal to prurient interest, lack serious literary, artistic, political, or scientific value, and depict sexually explicit conduct in a patently offensive way.
• The offense requires the person to act knowingly and intentionally and to know the depicted adult did not authorize or consent to the image's generation.
• Section 2 repeals any conflicting Georgia laws.

1. 2026-03-31Senate Disagreed House Amend or Sub (Senate)
2. 2026-03-31House Passed/Adopted By Substitute (House)
3. 2026-03-31House Third Readers (House)
4. 2026-03-27House Committee Favorably Reported By Substitute (House)
5. 2026-02-25House Second Readers (House)
6. 2026-02-24House First Readers (House)
7. 2026-02-20Senate Passed/Adopted By Substitute (Senate)
8. 2026-02-20Senate Taken from Table (Senate)

• Bo Hatchett (R, SD-050)Primary sponsor
• Jason Anavitarte (R, SD-031)
• Brian Strickland (R, SD-042)
• Randy Robertson (R, SD-029)
• Timothy Bearden (R, SD-030)
• Matt Brass (R, SD-006)
• Drew Echols (R, SD-049)
• Carden Summers (R, SD-013)
• Shawn Still (R, SD-048)
• Billy Hickman (R, SD-004)
• Max Burns (R, SD-023)
• Sam Watson (R, SD-011)
• Marty Harbin (R, SD-016)
• Ed Setzler (R, SD-037)
• Chuck Payne (R, SD-054)
• Kay Kirkpatrick (R, SD-032)
• Bill Cowsert (R, SD-046)
• Clint Dixon (R, SD-045)
• Russ Goodman (R, SD-008)
• Lee Anderson (R, SD-024)
• Jason T. Dickerson (R, SD-021)
• John Albers (R, SD-056)
• Mike Hodges (R, SD-003)
• Will Wade (R, HD-009)

1. PassedSenate voteFebruary 20, 2026

   48 yea, 1 nay (1 not voting, 4 absent)

   Passage By Substitute: Senate Vote #567

2. PassedHouse voteMarch 31, 2026

   164 yea, 2 nay (2 not voting, 8 absent)

   Passage: House Vote #807

• artificial intelligence
• deepfakes
• sexual privacy
• criminal law
• peeping tom law