| 10 | | - | obscenity; to provide for a penalty and probation; to amend Article 1 of Chapter 10 of Title5 |
|---|
| 11 | | - | 17 of the Official Code of Georgia Annotated, relating to procedure for sentencing and6 |
|---|
| 12 | | - | imposition of punishment, so as to provide for sentencing of defendants who utilize artificial7 |
|---|
| 13 | | - | intelligence in the commission of certain offenses; to provide for notice and enhanced8 |
|---|
| 14 | | - | sentencing; to amend Titles 20 and 32 of the Official Code of Georgia Annotated, relating9 |
|---|
| 15 | | - | to education and highways, bridges, and ferries, respectively, so as to replace10 |
|---|
| 16 | | - | cross-references to Code Section 16-12-80 with Code Section 16-12-80.1; to provide for11 |
|---|
| 17 | | - | definitions; to provide for a short title; to provide for related matters; to provide for an12 |
|---|
| 18 | | - | effective date and applicability; to repeal conflicting laws; and for other purposes.13 |
|---|
| 19 | | - | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:14 |
|---|
| 20 | | - | - 1 - 25 LC 56 0412S |
|---|
| 21 | | - | SECTION 1.15 |
|---|
| 22 | | - | This Act shall be known and may be cited as the "Ensuring Accountability for Illegal AI16 |
|---|
| 23 | | - | Activities Act."17 |
|---|
| 24 | | - | SECTION 2.18 |
|---|
| 25 | | - | Part 1 of Article 3 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated,19 |
|---|
| 26 | | - | relating to general provisions relative to obscenity and related offenses, is amended by20 |
|---|
| 27 | | - | adding a new Code section to read as follows:21 |
|---|
| 28 | | - | "16-12-80.1.22 |
|---|
| 29 | | - | (a) As used in this Code section, the term:23 |
|---|
| 30 | | - | (1) 'Artificial intelligence system' shall have the same meaning as set forth in Code24 |
|---|
| 31 | | - | Section 17-10-22.25 |
|---|
| 32 | | - | (2) 'Child' means any individual under the age of 16 years.26 |
|---|
| 33 | | - | (3) 'Obscene' means material which meets the following requirements:27 |
|---|
| 34 | | - | (A) To an average person, applying contemporary community standards, taken as a28 |
|---|
| 35 | | - | whole, it predominantly appeals to the prurient interest, that is, a shameful or morbid29 |
|---|
| 36 | | - | interest in nudity, sex, or excretion;30 |
|---|
| 37 | | - | (B) The material taken as a whole lacks serious literary, artistic, political, or scientific31 |
|---|
| 38 | | - | value; and32 |
|---|
| 39 | | - | (C) The material depicts or describes, in a patently offensive way, sexually explicit33 |
|---|
| 40 | | - | conduct.34 |
|---|
| 41 | | - | (4) 'Sexually explicit conduct' shall have the same meaning as set forth in Code35 |
|---|
| 42 | | - | Section 16-12-100.36 |
|---|
| 43 | | - | (b) A person commits the offense of distribution of computer generated obscene material37 |
|---|
| 44 | | - | depicting a child when such person knowingly distributes, solicits, or possesses with intent38 |
|---|
| 45 | | - | to distribute a visual depiction of any kind, including an electronic image, electronic video,39 |
|---|
| 46 | | - | drawing, sculpture, or painting, that:40 |
|---|
| 47 | | - | - 2 - 25 LC 56 0412S |
|---|
| 48 | | - | (1) Depicts an image that appears to be of a child, and that would appear realistic to an41 |
|---|
| 49 | | - | average observer, engaging in sexually explicit conduct, whether alone or between42 |
|---|
| 50 | | - | persons of the same or opposite sex;43 |
|---|
| 51 | | - | (2) Is obscene; and44 |
|---|
| 52 | | - | (3) Was created through the use of an artificial intelligence system.45 |
|---|
| 53 | | - | (c) A person who owns or operates a computer program or application that is designed46 |
|---|
| 54 | | - | primarily for use by or marketed to children, is accessible to the public, and which utilizes47 |
|---|
| 55 | | - | an artificial intelligence system to generate text responses to user's prompts shall be guilty48 |
|---|
| 56 | | - | of the offense of distribution of computer generated obscene material to a child if such49 |
|---|
| 57 | | - | person knows or reasonably should have known that such computer program or application50 |
|---|
| 58 | | - | was reasonably likely to and in fact did provide a description of obscene conduct to a child.51 |
|---|
| 59 | | - | (d) A person who commits an offense under this Code section shall be guilty of a felony52 |
|---|
| 60 | | - | and, upon conviction thereof, shall be punished by imprisonment for not less than one year53 |
|---|
| 61 | | - | nor more than 15 years.54 |
|---|
| 62 | | - | (e) It shall not be a required element of an offense under this Code section that the image55 |
|---|
| 63 | | - | of a child in such depiction is of a currently or previously living individual.56 |
|---|
| 64 | | - | (f) If the sentence imposed under this Code section is probated, in whole or in part, by the57 |
|---|
| 65 | | - | sentencing court, as a condition of such probation, the sentencing court shall have the58 |
|---|
| 66 | | - | discretion to impose any or all of the requirements set forth in subsection (b) of Code59 |
|---|
| 67 | | - | Section 42-8-35.60 |
|---|
| 68 | | - | (g) For purposes of this Code section, a person who, in the course of processing or61 |
|---|
| 69 | | - | producing visual or printed matter either privately or commercially, has reasonable cause62 |
|---|
| 70 | | - | to believe that the visual or printed matter submitted for processing or producing depicts63 |
|---|
| 71 | | - | what appears to be a minor engaged in sexually explicit conduct shall immediately report64 |
|---|
| 72 | | - | such incident, or cause a report to be made, to the National Center for Missing and65 |
|---|
| 73 | | - | Exploited Children, and may additionally report such to the Georgia Bureau of66 |
|---|
| 74 | | - | Investigation or the law enforcement agency for the county in which such matter is67 |
|---|
| 75 | | - | - 3 - 25 LC 56 0412S |
|---|
| 76 | | - | submitted. Any person participating in the making of a report or causing a report to be68 |
|---|
| 77 | | - | made pursuant to this subsection or participating in any judicial proceeding or any other69 |
|---|
| 78 | | - | proceeding resulting therefrom shall in so doing be immune from any civil or criminal70 |
|---|
| 79 | | - | liability that might otherwise be incurred or imposed, provided such participation pursuant71 |
|---|
| 80 | | - | to this subsection is made in good faith.72 |
|---|
| 81 | | - | (h) The provisions of subsection (b) of this Code section shall not apply to the activities73 |
|---|
| 82 | | - | of law enforcement and prosecution agencies in the investigation and prosecution of74 |
|---|
| 83 | | - | criminal offenses."75 |
|---|
| 84 | | - | SECTION 3.76 |
|---|
| 85 | | - | Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to77 |
|---|
| 86 | | - | procedure for sentencing and imposition of punishment, is amended by adding a new Code78 |
|---|
| 87 | | - | section to read as follows:79 |
|---|
| 88 | | - | "17-10-22.80 |
|---|
| 89 | | - | (a) As used in this Code section, the term:81 |
|---|
| 90 | | - | (1) 'Artificial intelligence system' means an engineered or machine based system that82 |
|---|
| 91 | | - | emulates the capability of a person to receive audio, visual, text, or any other form of83 |
|---|
| 92 | | - | information and use such information to emulate a human cognitive process, including,84 |
|---|
| 93 | | - | but not limited to, learning, generalizing, reasoning, planning, predicting, acting, or85 |
|---|
| 94 | | - | communicating; provided, however, that artificial intelligence systems may vary in the86 |
|---|
| 95 | | - | forms of information they can receive and in the human cognitive processes they can87 |
|---|
| 96 | | - | emulate.88 |
|---|
| 97 | | - | (2) 'Designated offense' means:89 |
|---|
| 98 | | - | (A) Stalking in violation of Code Section 16-5-90;90 |
|---|
| 99 | | - | (B) Aggravated stalking in violation of Code Section 16-5-91;91 |
|---|
| 100 | | - | (C) Exploitation of a disabled adult, elder person, or resident in violation of Code92 |
|---|
| 101 | | - | Section 16-5-102;93 |
|---|
| 102 | | - | - 4 - 25 LC 56 0412S |
|---|
| 103 | | - | (D) Enticing a child for indecent purposes in violation of Code Section 16-6-5;94 |
|---|
| 104 | | - | (E) Any misdemeanor or felony offense provided for in Article 1 of Chapter 8 of95 |
|---|
| 105 | | - | Title 16;96 |
|---|
| 106 | | - | (F) Any misdemeanor or felony offense provided for in Article 3 of Chapter 8 of97 |
|---|
| 107 | | - | Title 16;98 |
|---|
| 108 | | - | (G) Any misdemeanor or felony offense provided for in Article 5 of Chapter 8 of99 |
|---|
| 109 | | - | Title 16;100 |
|---|
| 110 | | - | (H) Any misdemeanor or felony offense provided for in Chapter 9 of Title 16;101 |
|---|
| 111 | | - | (I) Any misdemeanor or felony offense provided for in Chapter 10 of Title 16;102 |
|---|
| 112 | | - | (J) Any misdemeanor or felony offense provided for in Chapter 11 of Title 16;103 |
|---|
| 113 | | - | (K) Any misdemeanor or felony offense provided for in Chapter 12 of Title 16; and104 |
|---|
| 114 | | - | (L) Fraudulent election interference in violation of Code Section 21-2-604.105 |
|---|
| 115 | | - | (3) 'Utilized an artificial intelligence system' means to be the proximate cause of an106 |
|---|
| 116 | | - | artificial intelligence system receiving an input or providing an output.107 |
|---|
| 117 | | - | (b) Subject to the notice requirement provided in subsection (c) of this Code section and108 |
|---|
| 118 | | - | in enhancement of the penalty imposed, if the trier of fact determines beyond a reasonable109 |
|---|
| 119 | | - | doubt that the defendant knowingly and intentionally utilized an artificial intelligence110 |
|---|
| 120 | | - | system in the commission of a designated offense, the judge imposing sentence shall:111 |
|---|
| 121 | | - | (1) If the designated offense for which the defendant was convicted is a misdemeanor,112 |
|---|
| 122 | | - | impose a sentence of confinement for a period of not less than six nor more than 12113 |
|---|
| 123 | | - | months and a fine not to exceed $5,000.00; or114 |
|---|
| 124 | | - | (2) If the designated offense for which the defendant was convicted is a felony, impose115 |
|---|
| 125 | | - | a sentence of imprisonment for a period of not less than two years and a fine not less than116 |
|---|
| 126 | | - | $5,000.00; provided, however, that, if such designated offense is subject to a minimum117 |
|---|
| 127 | | - | sentence of imprisonment for two years or more, the judge shall impose a sentence of118 |
|---|
| 128 | | - | imprisonment for not less than such minimum sentence plus one year and a fine of not119 |
|---|
| 129 | | - | less than $5,000.00.120 |
|---|
| 130 | | - | - 5 - 25 LC 56 0412S |
|---|
| 131 | | - | (c) At any time after the filing of an indictment or accusation, but not later than the121 |
|---|
| 132 | | - | arraignment, the state shall notify the defendant of its intention to seek the enhanced122 |
|---|
| 133 | | - | penalty or penalties authorized by subsection (b) of this Code section. Such notice shall123 |
|---|
| 134 | | - | be in writing and shall allege the specific factor or factors authorizing an enhanced124 |
|---|
| 135 | | - | sentence in the case pursuant to this Code section.125 |
|---|
| 136 | | - | (d) The judge shall state when he or she imposes the sentence the amount of the126 |
|---|
| 137 | | - | enhancement of the sentence based on the application of subsection (b) of this Code127 |
|---|
| 138 | | - | section."128 |
|---|
| 139 | | - | SECTION 4.129 |
|---|
| 140 | | - | Titles 20 and 32 of the Official Code of Georgia Annotated, relating to education and130 |
|---|
| 141 | | - | highways, bridges, and ferries, respectively, are amended by replacing "16-12-80"131 |
|---|
| 142 | | - | with "16-12-80.1" wherever the former term appears in:132 |
|---|
| 143 | | - | (1) Code Section 20-2-324, relating to internet acceptable-use policies required in all133 |
|---|
| 144 | | - | public schools, minimum policy requirements, policy enforcement, technology protection134 |
|---|
| 145 | | - | measures required, policy compliance review, approval, and enforcement by State Board135 |
|---|
| 146 | | - | of Education, and waivers prohibited;136 |
|---|
| 147 | | - | (2) Code Section 20-5-5, relating to internet safety policies in public libraries;137 |
|---|
| 148 | | - | (3) Code Section 32-6-75, relating to restrictions on outdoor advertising authorized by138 |
|---|
| 149 | | - | Code Sections 32-6-72 and 32-6-73 and multiple message signs on interstate system,139 |
|---|
| 150 | | - | primary highways, and other highways; and140 |
|---|
| 151 | | - | (4) Code Section 32-6-75.3, relating to permits for trimming or removal of trees or141 |
|---|
| 152 | | - | vegetation in state right of way which obstruct view of outdoor advertising and removal142 |
|---|
| 153 | | - | of signs with lapsed permits.143 |
|---|
| 154 | | - | - 6 - 25 LC 56 0412S |
|---|
| 155 | | - | SECTION 5.144 |
|---|
| 156 | | - | This Act shall become effective on July 1, 2025, and shall apply to all offenses committed145 |
|---|
| 157 | | - | on or after such date.146 |
|---|
| 158 | | - | SECTION 6.147 |
|---|
| 159 | | - | All laws and parts of laws in conflict with this Act are repealed.148 |
|---|
| 160 | | - | - 7 - |
|---|
| 10 | + | obscenity; to provide for a penalty and probation; to amend Titles 20 and 32 of the Official5 |
|---|
| 11 | + | Code of Georgia Annotated, relating to education and highways, bridges, and ferries,6 |
|---|
| 12 | + | respectively, so as to replace cross-references to Code Section 16-12-80 with Code Section7 |
|---|
| 13 | + | 16-12-80.1; to provide for definitions; to provide for a short title; to provide for related8 |
|---|
| 14 | + | matters; to provide for an effective date and applicability; to repeal conflicting laws; and for9 |
|---|
| 15 | + | other purposes.10 |
|---|
| 16 | + | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:11 |
|---|
| 17 | + | SECTION 1.12 |
|---|
| 18 | + | This Act shall be known and may be cited as the "Ensuring Accountability for Illegal AI13 |
|---|
| 19 | + | Activities Act."14 |
|---|
| 20 | + | - 1 - 25 LC 49 2387S |
|---|
| 21 | + | SECTION 2.15 |
|---|
| 22 | + | Part 1 of Article 3 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated,16 |
|---|
| 23 | + | relating to general provisions relative to obscenity and related offenses, is amended by17 |
|---|
| 24 | + | adding a new Code section to read as follows:18 |
|---|
| 25 | + | "16-12-80.1.19 |
|---|
| 26 | + | (a) As used in this Code section, the term:20 |
|---|
| 27 | + | (1) 'Artificial intelligence system' shall have the same meaning as set forth in Code21 |
|---|
| 28 | + | Section 17-10-22.22 |
|---|
| 29 | + | (2) 'Child' means any individual under the age of 16 years.23 |
|---|
| 30 | + | (3) 'Obscene' means material which meets the following requirements:24 |
|---|
| 31 | + | (A) To an average person, applying contemporary community standards, taken as a25 |
|---|
| 32 | + | whole, it predominantly appeals to the prurient interest, that is, a shameful or morbid26 |
|---|
| 33 | + | interest in nudity, sex, or excretion;27 |
|---|
| 34 | + | (B) The material taken as a whole lacks serious literary, artistic, political, or scientific28 |
|---|
| 35 | + | value; and29 |
|---|
| 36 | + | (C) The material depicts or describes, in a patently offensive way, sexually explicit30 |
|---|
| 37 | + | conduct.31 |
|---|
| 38 | + | (4) 'Sexually explicit conduct' shall have the same meaning as set forth in Code32 |
|---|
| 39 | + | Section 16-12-100.33 |
|---|
| 40 | + | (b) A person commits the offense of distribution of computer generated obscene material34 |
|---|
| 41 | + | depicting a child when such person knowingly distributes, solicits, or possesses with intent35 |
|---|
| 42 | + | to distribute a visual depiction of any kind, including an electronic image, electronic video,36 |
|---|
| 43 | + | drawing, sculpture, or painting, that:37 |
|---|
| 44 | + | (1) Depicts an image that appears to be of a child, and that would appear realistic to an38 |
|---|
| 45 | + | average observer, engaging in sexually explicit conduct, whether alone or between39 |
|---|
| 46 | + | persons of the same or opposite sex;40 |
|---|
| 47 | + | (2) Is obscene; and41 |
|---|
| 48 | + | - 2 - 25 LC 49 2387S |
|---|
| 49 | + | (3) Was created through the use of an artificial intelligence system.42 |
|---|
| 50 | + | (c) A person who owns or operates a computer program or application that is designed43 |
|---|
| 51 | + | primarily for use by or marketed to children, is accessible to the public, and which utilizes44 |
|---|
| 52 | + | an artificial intelligence system to generate text responses to user's prompts shall be guilty45 |
|---|
| 53 | + | of the offense of distribution of computer generated obscene material to a child if such46 |
|---|
| 54 | + | person knows or reasonably should have known that such computer program or application47 |
|---|
| 55 | + | was reasonably likely to and in fact did provide a description of obscene conduct to a child.48 |
|---|
| 56 | + | (d)(1) Except as provided for in paragraph (2) of this subsection, a person who commits49 |
|---|
| 57 | + | an offense under this Code section shall be guilty of a felony and, upon conviction50 |
|---|
| 58 | + | thereof, shall be punished by imprisonment for not less than one year nor more than 1551 |
|---|
| 59 | + | years.52 |
|---|
| 60 | + | (2) A person who commits the offense of distribution of computer generated obscene53 |
|---|
| 61 | + | material depicting a child shall be guilty of a misdemeanor if:54 |
|---|
| 62 | + | (A) The defendant was 18 years of age or younger at the time of the offense;55 |
|---|
| 63 | + | (B) The child depicted would realistically appear to be at least 14 years of age to an56 |
|---|
| 64 | + | average observer; and57 |
|---|
| 65 | + | (C) In the court's discretion, and when the prosecuting attorney and the defendant have58 |
|---|
| 66 | + | agreed, if the defendant's violation of such offense involved the distribution of such59 |
|---|
| 67 | + | obscene material to another person but such distribution was not for the purpose of:60 |
|---|
| 68 | + | (i) Harassing, intimidating, or embarrassing any person; or61 |
|---|
| 69 | + | (ii) For any commercial purpose.62 |
|---|
| 70 | + | (e) It shall not be a required element of an offense under this Code section that the image63 |
|---|
| 71 | + | of a child in such depiction is of a currently or previously living individual.64 |
|---|
| 72 | + | (f) If the sentence imposed under this Code section is probated, in whole or in part, by the65 |
|---|
| 73 | + | sentencing court, as a condition of such probation, the sentencing court shall have the66 |
|---|
| 74 | + | discretion to impose any or all of the requirements set forth in subsection (b) of Code67 |
|---|
| 75 | + | Section 42-8-35.68 |
|---|
| 76 | + | - 3 - 25 LC 49 2387S |
|---|
| 77 | + | (g) For purposes of this Code section, a person who, in the course of processing or69 |
|---|
| 78 | + | producing visual or printed matter either privately or commercially, has reasonable cause70 |
|---|
| 79 | + | to believe that the visual or printed matter submitted for processing or producing depicts71 |
|---|
| 80 | + | what appears to be a minor engaged in sexually explicit conduct shall immediately report72 |
|---|
| 81 | + | such incident, or cause a report to be made, to the National Center for Missing and73 |
|---|
| 82 | + | Exploited Children, in addition to the Georgia Bureau of Investigation or the law74 |
|---|
| 83 | + | enforcement agency for the county in which such matter is submitted. Any person75 |
|---|
| 84 | + | participating in the making of a report or causing a report to be made pursuant to this76 |
|---|
| 85 | + | subsection or participating in any judicial proceeding or any other proceeding resulting77 |
|---|
| 86 | + | therefrom shall in so doing be immune from any civil or criminal liability that might78 |
|---|
| 87 | + | otherwise be incurred or imposed, provided such participation pursuant to this subsection79 |
|---|
| 88 | + | is made in good faith.80 |
|---|
| 89 | + | (h) The provisions of subsection (b) of this Code section shall not apply to the activities81 |
|---|
| 90 | + | of law enforcement and prosecution agencies in the investigation and prosecution of82 |
|---|
| 91 | + | criminal offenses."83 |
|---|
| 92 | + | SECTION 3.84 |
|---|
| 93 | + | Titles 20 and 32 of the Official Code of Georgia Annotated, relating to education and85 |
|---|
| 94 | + | highways, bridges, and ferries, respectively, are amended by replacing "16-12-80"86 |
|---|
| 95 | + | with "16-12-80.1" wherever the former term appears in:87 |
|---|
| 96 | + | (1) Code Section 20-2-324, relating to internet acceptable-use policies required in all88 |
|---|
| 97 | + | public schools, minimum policy requirements, policy enforcement, technology protection89 |
|---|
| 98 | + | measures required, policy compliance review, approval, and enforcement by State Board90 |
|---|
| 99 | + | of Education, and waivers prohibited;91 |
|---|
| 100 | + | (2) Code Section 20-5-5, relating to internet safety policies in public libraries;92 |
|---|
| 101 | + | - 4 - 25 LC 49 2387S |
|---|
| 102 | + | (3) Code Section 32-6-75, relating to restrictions on outdoor advertising authorized by93 |
|---|
| 103 | + | Code Sections 32-6-72 and 32-6-73 and multiple message signs on interstate system,94 |
|---|
| 104 | + | primary highways, and other highways; and95 |
|---|
| 105 | + | (4) Code Section 32-6-75.3, relating to permits for trimming or removal of trees or96 |
|---|
| 106 | + | vegetation in state right of way which obstruct view of outdoor advertising and removal97 |
|---|
| 107 | + | of signs with lapsed permits.98 |
|---|
| 108 | + | SECTION 4.99 |
|---|
| 109 | + | This Act shall become effective on July 1, 2025, and shall apply to all offenses committed100 |
|---|
| 110 | + | on or after such date.101 |
|---|
| 111 | + | SECTION 5.102 |
|---|
| 112 | + | All laws and parts of laws in conflict with this Act are repealed.103 |
|---|
| 113 | + | - 5 - |
|---|