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

26 LC 48 1846S The House Committee on Judiciary, Non-Civil offers the following substitute to SB 398: A BILL TO BE ENTITLED AN ACT To amend Code Section 16-11-61 of the Official Code of Georgia Annotated, relating to1 peeping toms, so as to establish a criminal offense of virtual peeping on an adult; to provide2 for definitions; to provide for related matters; to repeal conf licting laws; and for other3 purposes.4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:5 SECTION 1.6 Code Section 16-11-61 of the Official Code of Georgia Annotated, relating to peeping toms,7 is amended by adding a new subsection to read as follows:8 "(c)(1) As used in this subsection, the term:9 (A) 'Adult' means any individual 18 years of age or older.10 (B) 'Generative artificial intelligence system' means an engineered or computer based11 system that is intended to generate, with some degree of autonomy, synthetic content12 and information, including, but not limited to, images and text responses.13 (C) 'Image' means any readily recognizable photorealistic repr esentation of an14 individual, including, but not limited to, a photograph.15 (D) 'Individual' means a natural person.16 S. B. 398 (SUB) - 1 - 26 LC 48 1846S (E) 'Obscene material' means material which meets the following requirements:17 (i) To the average person, applying contemporary community standards, taken as a18 whole, the material predominantly appeals or panders to prurient interest in nudity,19 sex, or excretion;20 (ii) The material, taken as a whole, lacks serious literary, a rtistic, political, or21 scientific value; and22 (iii) The material depicts or describes sexually explicit cond uct, as such term is23 defined in Code Section 16-12-100, in a patently offensive way.24 (2) A person commits the offense of virtual peeping on an adul t when such person25 knowingly and intentionally causes a generative artificial intelligence system to generate26 obscene material that includes an image of an adult with the kn owledge that the27 generation of such material including such image was not authorized or consented to by28 such adult."29 SECTION 2.30 All laws and parts of laws in conflict with this Act are repealed.31 S. B. 398 (SUB) - 2 -