SB594: SB594 Internet and E-mail Fraud; the criminal offense of digital identity fraud; establish

LC 64 0122S The House Committee on Rules offers the following substitute to SB 594: A BILL TO BE ENTITLED AN ACT To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to1 establish the criminal offenses of fraudulent election interference and solicitation of such; to2 provide for definitions; to provide for exceptions; to provide for the Attorney General to have3 concurrent jurisdiction over such crimes; to provide for punishment; to provide for injunctive4 relief; to provide for the State Election Board to publish results of investigations into such5 offenses; to provide for certain disclaimers on campaign advert isements that use AI6 generated media; to provide for the form of such disclaimers; to amend Part 1 of Article 37 of Chapter 12 of Title 16 of the Official Code of Georgia Annot ated, relating to general8 provisions relative to obscenity and related offenses, so as to prohibit distribution of9 computer generated obscene material depicting a child; to provi de for a standard for10 obscenity; to provide for a penalty and probation; to amend Part 4 of Article 6 of Chapter 911 of Title 16 of the Official Code of Georgia Annotated, relating to internet and e-mail fraud,12 so as to establish the criminal offense of digital identity fra ud; to provide for criminal13 penalties; to amend Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia14 Annotated, relating to procedure for sentencing and imposition of punishment, so as to15 provide for sentencing of defendants who utilize artificial intelligence in the commission of16 certain offenses; to provide for notice and enhanced sentencing; to amend Titles 20 and 3217 of the Official Code of Georgia Annotated, relating to education and highways, bridges, and18 - 1 - LC 64 0122S ferries, respectively, so as to replace cross-references to Code Section 16-12-80 with Code19 Section 16-12-80.1; to provide for definitions; to provide for legislative findings and intent;20 to provide for related matters; to provide for an effective dat e and applicability; to repeal21 conflicting laws; and for other purposes.22 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:23 PART I24 SECTION 1-1.25 The General Assembly finds:26 (1) The significant and rapid increase in use and advancements of artificial intelligence27 and other sophisticated technologies poses a unique danger to the State of Georgia's free28 and fair system of elections;29 (2) Artificial intelligence and other technologies now allow individuals, both in good faith30 and bad faith, to create AI generated media that falsely depicts conduct that appears to be31 real;32 (3) The state and its citizens have the utmost rights to both free and fair elections and33 freedom of speech; and34 (4) This Act is narrowly tailored for the purpose of protection against the use of deceptive35 media in bad faith to influence elections by reducing certain candidates' chances of being36 elected or by suppressing voter turnout through mass confusion.37 - 2 - LC 64 0122S PART II38 SECTION 2-1.39 Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended in40 Chapter 2, relating to elections and primaries generally, by ad ding a new Code section to41 read as follows:42 "21-2-605.43 (a) As used in this Code section, the term:44 (1) 'Election' shall have the same meaning as provided in Code Section 21-5-3.45 (2) 'Materially deceptive media' means a video recording, video file, audio recording, or46 audio file, still image, or still image file that:47 (A) Appears to depict a real individual's speech or conduct that did not occur in reality;48 and49 (B) Would appear to a reasonable observer to be authentic.50 (3) 'Person' means any employee, staff member, or other simila rly paid affiliated51 individual of a political party, political body, candidate, campaign committee, political52 action committee, or any other political committee. Such term shall not include a53 broadcaster, cable provider, online service, internet service provider, streaming platform,54 or any employees or agents thereof, who otherwise would not fall under this definition55 except for their sale of advertising to a person as defined in this paragraph.56 (b) A person commits the offense of fraudulent election interf erence if he or she, with57 knowledge of its falsity, publishes, broadcasts, streams, or up loads materially deceptive58 media within 90 days of an election with the intent to deceive one or more electors for the59 purpose of:60 (1) Significantly influencing a candidate's chance of being elected in such election;61 (2) Creating confusion about the administration of such election; or62 (3) Otherwise influencing the result of such referendum.63 - 3 - LC 64 0122S (c) A person commits the offense of solicitation of fraudulent election interference when64 he or she, with the intent that a violation proscribed by subsection (b) of this Code section65 be committed, commands, encourages, or requests any individual to commit a violation66 proscribed by subsection (b) of this Code section.67 (d) Nothing in this Code section shall apply to activities protected by the First Amendment68 to the United States Constitution, including, but not limited t o, satire, parody, works of69 artistic expression, or works of journalism by bona fide news organizations.70 (e) Upon conviction of an offense under this Code section, a person shall be punished as71 follows:72 (1) For the first offense, he or she shall be guilty of a misdemeanor; and73 (2) For the second or subsequent offense, he or she shall be guilty of a felony and, upon74 conviction thereof, shall be punished by imprisonment for not l ess than two years nor75 more than five years and by a fine not to exceed $50,000.00.76 (f) For prosecutions under this Code section, venue shall be proper in any county in this77 state where:78 (1) Any act was committed in furtherance of the unlawful conduct;79 (2) The candidate affected by the alleged violation resides;80 (3) The defendant resided at the time of the alleged violation; or81 (4) The materially deceptive media is received.82 (g) The Attorney General shall have concurrent jurisdiction to conduct the criminal83 prosecution of a violation of this Code section. A criminal prosecution for a violation of84 this Code section shall only be initiated upon the Attorney Gen eral receiving a85 recommendation to prosecute from the State Election Board.86 (h) In addition to any other remedy provided by law, a cause of action for injunctive relief87 may be maintained against any person who is in violation of this Code section, by:88 (1) An individual depicted in the materially deceptive media;89 (2) The Attorney General; or90 - 4 - LC 64 0122S (3) A candidate for office who has been injured or is likely t o be injured by the91 distribution of the materially deceptive media."92 SECTION 2-2.93 Said chapter is further amended in Code Section 21-2-31, relati ng to duties of the State94 Election Board, by revising paragraph (5) as follows:95 "(5) To investigate, or authorize the Secretary of State to investigate, when necessary or96 advisable the administration of primary and election laws and frauds and irregularities in97 primaries and elections and to report violations of the primary and election laws either98 to the Attorney General or the appropriate district attorney who shall be responsible for99 further investigation and prosecution. Except as provided in C ode Section 21-2-605,100 nothing Nothing in this paragraph shall be so construed as to require any comp laining101 party to request an investigation by the board before such party might proceed to seek any102 other remedy available to that party under this chapter or any other provision of law;"103 SECTION 2-3.104 Said chapter is further amended in Code Section 21-2-33.1, rela ting to enforcement of105 chapter, suspension of election superintendents, and support an d assistance from the106 Secretary of State, by adding a new subsection to read as follows:107 "(a.1) In any investigation stemming from an alleged violation of Code Section 21-2-605,108 the State Election Board shall release to the public the findin gs of any completed109 investigation."110 SECTION 2-4.111 Title 21 of the Official Code of Georgia Annotated, relating to elections, is further amended112 in Chapter 5, relating to government transparency and campaign finance, by adding a new113 article to read as follows:114 - 5 - LC 64 0122S "ARTICLE 5115 21-5-90.116 As used in this article, the term:117 (1) 'AI generated media' means a video recording, video file, audio recording, audio file,118 still image, or still image file that:119 (A) Is created through the use of an artificial intelligence system;120 (B) Depicts a real individual's speech or conduct that did not occur in reality; and121 (C) Appears to a reasonable observer to be authentic.122 (2) 'Artificial intelligence system' means an engineered or ma chine based system that123 emulates the capability of a person to receive audio, visual, t ext, or any other form of124 information and use the information received to emulate a human cognitive process,125 including, but not limited to, learning, generalizing, reasonin g, planning, predicting,126 acting, or communicating; provided, however, that artificial in telligence systems may127 vary in the forms of information they can receive and in the human cognitive processes128 they can emulate.129 (3) 'Campaign advertisement' means any campaign material, commercial, advertisement,130 or other media designed to bring about the nomination or election of an individual to any131 elected office; designed to bring about the recall of a public officer holding elective office132 or to oppose the recall of a public officer holding elective of fice; or designed to bring133 about the approval or rejection by the voters of any proposed constitutional amendment,134 a state-wide referendum, or a proposed question which is to appear on the ballot in this135 state or in a county or a municipal election in this state.136 (4) 'Person' means any employee, staff member, or other similar ly paid affiliated137 individual of a political party, political body, candidate, campaign committee, political138 action committee, or any other political committee. Such term shall not include a139 broadcaster, cable provider, online service, internet service provider, streaming platform,140 - 6 - LC 64 0122S or any employees or agents thereof, who otherwise would not fall under this definition141 except for their sale of advertising to a person as defined in this paragraph.142 21-5-91.143 (a) Notwithstanding the prohibitions contained in Code Section 21-2-605, any person may144 use AI generated content in any campaign advertisement, so long as the campaign145 advertisement discloses, in accordance with the provisions of Code Section 21-5-92, that146 artificial intelligence was used to make part or all of the con tent of the campaign147 advertisement.148 (b) Minor editing of a piece of existing audio or visual media shall not require disclosure149 under this Code section when such minor editing would not subst antially change an150 observer's understanding of such media.151 21-5-92.152 The disclosure provided for in Code Section 21-5-91 shall meet the following153 requirements:154 (1) For each campaign advertisement that involves the use, in whole or in part, of visual155 media, such disclosure:156 (A) Shall be in writing and completed in each written language used in the remainder157 of the advertisement; and158 (B) Shall be clearly readable, which shall mean that the text of the disclosure shall:159 (i) Be equal to or greater than 25 percent of the vertical picture height;160 (ii) Be visible for a period of at least 30 percent of the media, in the case of moving161 images and video; and162 (iii) Appear with a reasonable degree of color contrast between the background and163 the text of the statement. A statement satisfies the color contrast requirement of this164 division if it is printed in black text on a white background or if the degree of color165 - 7 - LC 64 0122S contrast between the background and the text of the statement is no less than the color166 contrast between the background and the largest type size used in the communication;167 and168 (2) For each campaign advertisement that involves the use of audible media but does not169 involve the use of any visual media, such disclosure shall be a nnounced, articulated,170 spoken, or otherwise rendered completely using the same audible volume, the same rate171 of speaking as measured in words per minute, and each spoken language as used in the172 remainder of the advertisement.173 21-5-93.174 (a) Each violation of this article shall be punishable by a fi ne pursuant to the provisions175 of Code Section 21-5-6, except that the amount of such fine sha ll not be less176 than $10,000.00.177 (b) Any violation of this article involving the use of AI generated media in a solicitation178 for fundraising shall be punishable by disgorgement of any funds raised within ten days of179 such solicitation.180 (c) Except as described in subsection (a) of this Code section, nothing in this Code section181 shall be construed so as to limit the powers or remedies available to the commission.182 (d) Notwithstanding any other provision of law to the contrary, the commission shall be183 authorized to investigate any complaint concerning a violation of this article within 90 days184 of an election.185 21-5-94.186 The commission shall be authorized to promulgate such rules and regulations as may be187 necessary for the execution of its functions under this article."188 - 8 - LC 64 0122S PART III189 SECTION 3-1.190 Part 1 of Article 3 of Chapter 12 of Title 16 of the Official C ode of Georgia Annotated,191 relating to general provisions relative to obscenity and relate d offenses, is amended by192 adding a new Code section to read as follows:193 "16-12-80.1.194 (a) As used in this Code section, the term:195 (1) 'Artificial intelligence system' shall have the same meani ng as set forth in Code196 Section 17-10-22.197 (2) 'Child' means any individual under the age of 16 years.198 (3) 'Obscene' means material which meets the following requirements:199 (A) To an average person, applying contemporary community stan dards, taken as a200 whole, it predominantly appeals to the prurient interest, that is, a shameful or morbid201 interest in nudity, sex, or excretion;202 (B) The material taken as a whole lacks serious literary, artistic, political, or scientific203 value; and204 (C) The material depicts or describes, in a patently offensive way, sexually explicit205 conduct.206 (4) 'Sexually explicit conduct' shall have the same meaning as set forth in Code207 Section 16-12-100.208 (b) A person commits the offense of distribution of computer generated obscene material209 depicting a child when such person knowingly distributes, solicits, or possesses with intent210 to distribute a visual depiction of any kind, including an electronic image, electronic video,211 drawing, sculpture, or painting, that:212 - 9 - LC 64 0122S (1) Depicts an image that appears to be of a child, and that would appear realistic to an213 average observer, engaging in sexually explicit conduct, whethe r alone or between214 persons of the same or opposite sex;215 (2) Is obscene; and216 (3) Was created through the use of an artificial intelligence system.217 (c) A person who commits the offense of distribution of comput er generated obscene218 material depicting a child shall be guilty of a felony and, upon conviction thereof, shall be219 punished by imprisonment for not less than one year nor more than 15 years.220 (d) It shall not be a required element of an offense under this Code section that the image221 of a child in such depiction is of a currently or previously living individual.222 (e) If the sentence imposed under this Code section is probated, in whole or in part, by the223 sentencing court, as a condition of such probation, the sentenc ing court shall have the224 discretion to impose any or all of the requirements set forth i n subsection (b) of Code225 Section 42-8-35.226 (f) For purposes of this Code section, a person who, in the co urse of processing or227 producing visual or printed matter either privately or commercially, has reasonable cause228 to believe that the visual or printed matter submitted for processing or producing depicts229 what appears to be a minor engaged in sexually explicit conduct shall immediately report230 such incident, or cause a report to be made, to the National Ce nter for Missing and231 Exploited Children, in addition to the Georgia Bureau of Invest igation or the law232 enforcement agency for the county in which such matter is submi tted. Any person233 participating in the making of a report or causing a report to be made pursuant to this234 subsection or participating in any judicial proceeding or any o ther proceeding resulting235 therefrom shall in so doing be immune from any civil or crimina l liability that might236 otherwise be incurred or imposed, provided such participation pursuant to this subsection237 is made in good faith.238 - 10 - LC 64 0122S (g) The provisions of subsection (b) of this Code section shall not apply to the activities239 of law enforcement and prosecution agencies in the investigatio n and prosecution of240 criminal offenses."241 SECTION 3-2.242 Part 4 of Article 6 of Chapter 9 of Title 16 of the Official Co de of Georgia Annotated,243 relating to internet and e-mail fraud, is amended by adding a n ew Code section to read as244 follows:245 "16-9-109.2.246 (a) As used in this Code section, the term:247 (1) 'Operator' means any person or entity that operates a social media platform.248 (2) 'Social media platform' means an internet website, service , application, or product249 that is open to the public, allows users to create accounts, enables users to communicate250 or interact with other users, permits users to create or post c ontent, messages,251 information, or images that are viewable by other users, and pe rmits users to comment252 on or message other users regarding such content, messages, inf ormation, or images. 253 Such term shall not include a direct messaging service.254 (b) A person commits the offense of digital identity fraud whe n, using a social media255 platform, such person knowingly and without authorization:256 (1) Uses the identity of an individual who is a resident of th is state without such257 individual's consent, including such individual's name, image, identifying information,258 or social media platform profile information to mimic such individual, with the intent to259 deceive others, cause harm, or commit fraud; or260 (2) Creates a social media platform profile that mimics an individual who is a resident261 of this state without such individual's consent, through use of such individual's name,262 image, identifying information, or social media platform profil e information, with the263 - 11 - LC 64 0122S intent to use such social media platform profile, or to make it available for use by others,264 to deceive others, cause harm, or commit fraud.265 (c) A person who commits the offense of digital identity fraud shall be guilty of a felony266 and, upon conviction thereof, shall be punished by imprisonment for not less than one year267 nor more than 20 years, a fine of not less than $1,000.00 nor m ore than $500,000.00, or268 both.269 (d) It is the intent of the General Assembly that this Code section shall not be construed270 or applied to:271 (1) Diminish or infringe upon any right of petition or free speech under the Constitution272 of the United States or the Constitution of the State of Georgia; or273 (2) Prosecute or impose liability upon any operator on the basis that such operator is the274 publisher or speaker of content that is alleged to constitute digital identity fraud or in any275 manner that is inconsistent with Section 230 of Chapter 5 of Title 47 of the United States276 Code."277 PART IV278 SECTION 4-1.279 Article 1 of Chapter 10 of Title 17 of the Official Code of Geo rgia Annotated, relating to280 procedure for sentencing and imposition of punishment, is amended by adding a new Code281 section to read as follows:282 "17-10-23.283 (a) As used in this Code section, the term:284 (1) 'Artificial intelligence system' means an engineered or ma chine based system that285 emulates the capability of a person to receive audio, visual, t ext, or any other form of286 information and use such information to emulate a human cognitive process, including,287 but not limited to, learning, generalizing, reasoning, planning , predicting, acting, or288 - 12 - LC 64 0122S communicating; provided, however, that artificial intelligence systems may vary in the289 forms of information they can receive and in t he human cognitiv e processes they can290 emulate.291 (2) 'Designated offense' means:292 (A) Stalking in violation of Code Section 16-5-90;293 (B) Aggravated stalking in violation of Code Section 16-5-91;294 (C) Exploitation of a disabled adult, elder person, or residen t in violation of Code295 Section 16-5-102;296 (D) Enticing a child for indecent purposes in violation of Code Section 16-6-5;297 (E) Any misdemeanor or felony offense provided for in Article 1 of Chapter 8 of298 Title 16;299 (F) Any misdemeanor or felony offense provided for in Article 3 of Chapter 8 of300 Title 16;301 (G) Any misdemeanor or felony offense provided for in Article 5 of Chapter 8 of302 Title 16;303 (H) Any misdemeanor or felony offense provided for in Chapter 9 of Title 16;304 (I) Any misdemeanor or felony offense provided for in Chapter 10 of Title 16;305 (J) Any misdemeanor or felony offense provided for in Chapter 11 of Title 16;306 (K) Any misdemeanor or felony offense provided for in Chapter 12 of Title 16; and307 (L) Fraudulent election interference in violation of Code Section 21-2-604.308 (3) 'Utilized an artificial intelligence system' means to be t he proximate cause of an309 artificial intelligence system receiving an input or providing an output.310 (b) Subject to the notice requirement provided in subsection (c) of this Code section and311 in enhancement of the penalty imposed, if the trier of fact determines beyond a reasonable312 doubt that the defendant knowingly and intentionally utilized a n artificial intelligence313 system in the commission of a designated offense, the judge imposing sentence shall:314 - 13 - LC 64 0122S (1) If the designated offense for which the defendant was convicted is a misdemeanor,315 impose a sentence of confinement for a period of not less than six nor more than 12316 months and a fine not to exceed $5,000.00; or317 (2) If the designated offense for which the defendant was convicted is a felony, impose318 a sentence of imprisonment for a period of not less than two years and a fine not less than319 $5,000.00; provided, however, that, if such designated offense is subject to a minimum320 sentence of imprisonment for two years or more, the judge shall impose a sentence of321 imprisonment for not less than such minimum sentence plus one year and a fine of not322 less than $5,000.00.323 (c) At any time after the filing of an indictment or accusatio n, but not later than the324 arraignment, the state shall notify the defendant of its intent ion to seek the enhanced325 penalty or penalties authorized by subsection (b) of this Code section. Such notice shall326 be in writing and shall allege the specific factor or factors a uthorizing an enhanced327 sentence in the case pursuant to this Code section.328 (d) The judge shall state when he or she imposes the sentence the amount of the329 enhancement of the sentence based on the application of subsect ion (b) of this Code330 section."331 SECTION 4-2.332 Titles 20 and 32 of the Official Code of Georgia Annotated, rel ating to education and333 highways, bridges, and ferries, respectively, are amended by re placing "16-12-80"334 with "16-12-80.1" wherever the former term appears in:335 (1) Code Section 20-5-5, relating to internet safety policies in public libraries;336 (2) Code Section 32-6-75, relating to restrictions on outdoor advertising authorized by337 Code Sections 32-6-72 and 32-6-73 and multiple message signs on interstate system,338 primary highways, and other highways; and339 - 14 - LC 64 0122S (3) Code Section 32-6-75.3, relating to permits for trimming o r removal of trees or340 vegetation in state right of way which obstruct view of outdoor advertising and removal of341 signs with lapsed permits.342 PART V343 SECTION 5-1.344 This Act shall become effective on July 1, 2026, and shall apply to all offenses committed345 on or after such date.346 SECTION 5-2.347 All laws and parts of laws in conflict with this Act are repealed.348 - 15 -