SB418: SB418 Torts; cause of action against the knowing and unauthorized use of an individual's photograph or image together with representations of nudity or sexually explicit conduct; provide

Currently, Georgia law does not give the Attorney General or prosecutors a specific civil tool to go after people who combine a person's photo or image with nudity or sexually explicit content without that person's consent. This bill adds a new section to Georgia's tort law (O.C.G.A. § 51-1-58) creating exactly that power. Under the bill, the Attorney General or an appropriate prosecuting attorney could sue anyone, regardless of the wrongdoer's age, who knowingly pairs a person's image with nudity or sexually explicit depictions without authorization from the person, a minor's parent or guardian, or a deceased person's estate representative. Courts could order the conduct stopped and impose civil penalties of up to $10,000 per violation. Any such civil case would pause if a related criminal case is pending. Victims have up to ten years to sue, or until age 18 if they were minors when the violation happened. Internet and cloud service providers are shielded from liability unless they created the content themselves.

• Creates a new civil enforcement tool letting the Attorney General or local prosecutors sue people who knowingly pair someone's image with nudity or sexually explicit content without consent.
• Sets penalties of up to $10,000 per violation and allows courts to order the harmful use stopped through injunctive relief (a court order halting the conduct).
• Requires any civil case under this law to pause while a related criminal case over the same incident is ongoing.
• Gives victims up to ten years to sue, or until they turn 18 if they were minors when the violation occurred.
• Protects internet service providers, search engines, and cloud services from liability unless they created the illicit content themselves.
• Defines key terms like 'image,' 'nudity,' 'sexually explicit conduct,' and 'use,' tying some definitions to existing Georgia criminal code sections.

The bill affects individuals whose images could be misused this way, including minors and deceased people through their families or estate representatives, as well as anyone accused of such misuse. It also affects the Attorney General's office, local prosecutors, and internet or cloud service providers who host such content.

Georgians whose photos are combined with explicit content without permission would gain a specific legal path, pursued by government lawyers rather than only private lawsuits, to seek financial penalties and court orders stopping the conduct. This could affect victims of nonconsensual explicit imagery, including cases involving minors or deceased relatives.

• Section 1 adds new Code Section 51-1-58 to Georgia's tort law, defining terms such as 'depiction,' 'identifiable,' 'image,' 'nudity,' and 'sexually explicit conduct,' some referencing existing criminal statutes (O.C.G.A. §§ 16-11-90 and 16-12-100).
• Subsection (b) authorizes the Attorney General or an appropriate prosecuting attorney to bring a civil enforcement action against anyone who knowingly and without authorization uses a person's image alongside nudity or sexually explicit content, allowing injunctive relief and penalties up to $10,000 per violation.
• Subsection (c) requires any such civil case to be stayed (paused) while a related criminal case over the same incident is pending.
• Subsection (d) sets a ten-year window to file a case, or until a minor victim turns 18, whichever applies.
• Subsection (e) shields internet service providers, search engines, and cloud service providers from liability unless they created the depiction themselves.
• Section 2 repeals any conflicting laws.

1. 2026-03-10House Second Readers (House)
2. 2026-03-09House First Readers (House)
3. 2026-03-06Senate Passed/Adopted By Substitute (Senate)
4. 2026-03-06Senate Third Read (Senate)
5. 2026-03-06Senate Taken from Table (Senate)
6. 2026-03-06Senate Tabled (Senate)
7. 2026-03-04Senate Read Second Time (Senate)
8. 2026-03-03Senate Committee Favorably Reported By Substitute (Senate)

• Max Burns (R, SD-023)Primary sponsor
• Elena Parent (D, SD-044)
• Jason Anavitarte (R, SD-031)
• Shawn Still (R, SD-048)
• Bo Hatchett (R, SD-050)
• Brian Strickland (R, SD-042)
• Nan Orrock (D, SD-036)
• Randy Robertson (R, SD-029)
• Jason T. Dickerson (R, SD-021)
• Harold Jones (D, SD-022)
• RaShaun Kemp (D, SD-038)
• Jaha Howard (D, SD-035)
• Kenya Wicks (D, SD-034)
• Blake Tillery (R, SD-019)

1. PassedSenate voteMarch 6, 2026

   40 yea, 8 nay (3 not voting, 4 absent)

   Passage By Substitute: Senate Vote #676

• nonconsensual explicit images
• tort law
• Attorney General enforcement
• privacy protections
• internet liability