24 LC 56 0059
House Bill 986
By: Representatives Thomas of the 21
st
, Jones of the 25
th
, Jasperse of the 11
th
, Camp of the
135
th
, Gunter of the 8
th
, and others
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to
1
elections and primaries generally, so as to establish the criminal offense of election2
interference with a deep fake and solicitation of such; to provide for definitions; to provide3
for exceptions; to provide for punishment; to provide for the State Election Board to publish4
results of investigations into such offenses; to provide for legislative findings; to provide for5
related matters; to repeal conflicting laws; and for other purposes.6
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7
SECTION 1.8
The General Assembly finds:9
(1) The significant and rapid increase in use and advancements of artificial intelligence10
and other sophisticated technologies poses a unique danger to the State of Georgia's free11
and fair system of elections;12
(2) Artificial intelligence and other technologies now allow individuals, both in good13
faith and bad faith, to create deep fake materials that falsely depict conduct that appears14
to be real;15
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(3) The state and its citizens have the upmost rights to both free and fair elections and
16
freedom of speech; and17
(4) This Act is narrowly tailored for the purpose of protection against the use of deep18
fake materials in bad faith to significantly influence elections by reducing certain19
candidates' chances of being elected or by suppressing voter turnout through mass20
confusion.21
SECTION 2.22
Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and23
primaries generally, is amended by adding a new Code section to read as follows:24
"21-2-605.
25
(a) As used in this Code section, the term:26
(1) 'Deep fake' means a video recording, video file, sound recording, sound file,27
electronic image, or photograph, that:28
(A) Is created through technological means, rather than through the ability of another29
person to physically or verbally impersonate such person; and30
(B) Appears to depict a real person's speech or conduct that did not occur in reality.31
(2) 'Election' shall have the same meaning as provided in Code Section 21-5-3.32
(b) A person commits the offense of election interference with a deep fake if he or she33
creates, publishes, broadcasts, streams, or uploads a deep fake within 90 days of an election34
with the intent to deceive one or more electors for the purpose of:35
(A) Reducing a candidate's chance of being elected in an election; or36
(B) Otherwise influencing the result of an election or referendum,37
(c) A person commits the offense of solicitation of election interference with a deep fake38
when he or she, with the intent that a violation proscribed by subsection (b) of this Code39
section be committed, commands, encourages, or requests another to commit a violation40
proscribed by subsection (b) of this Code section.41
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(d) For purposes of subsections (b) and (c) of this Code section, a deep fake that is created42
by a candidate, or is created at a candidate's request, and that includes a depiction of that43
same candidate shall not constitute an illegal deep fake.44
(e) A person who commits an offense under this Code section shall be guilty of a felony45
and be sentenced to a term of imprisonment of not less than one year nor more than five46
years and by a fine not to exceed $50,000.00."47
SECTION 3.48
Said chapter is further amended in Code Section 21-2-33.1, relating to enforcement of49
chapter, suspension of election superintendents, and support and assistance from the50
Secretary of State, by adding a new subsection to read as follows:51
"(a.1) In any investigation stemming from an alleged violation of Code Section 21-2-605,52
the State Election Board shall release to the public the findings of any completed53
investigation."54
SECTION 4.55
All laws and parts of laws in conflict with this Act are repealed.56
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