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The Senate Committee on Rules offered the following
substitute to HB 171:
A BILL TO BE ENTITLED
AN ACT
To amend Part 1 of Article 3 of Chapter 12 of Title 16 of the Official Code of Georgia1
Annotated, relating to general provisions relative to obscenity and related offenses, so as to2
prohibit distribution of computer generated obscene material depicting a child; to prohibit3
distribution of computer generated obscene material to a child; to provide for a standard for4
obscenity; to provide for a penalty and probation; to amend Article 1 of Chapter 10 of Title5
17 of the Official Code of Georgia Annotated, relating to procedure for sentencing and6
imposition of punishment, so as to provide for sentencing of defendants who utilize artificial7
intelligence in the commission of certain offenses; to provide for notice and enhanced8
sentencing; to amend Titles 20 and 32 of the Official Code of Georgia Annotated, relating9
to education and highways, bridges, and ferries, respectively, so as to replace10
cross-references to Code Section 16-12-80 with Code Section 16-12-80.1; to provide for11
definitions; to provide for a short title; to provide for related matters; to provide for an12
effective date and applicability; to repeal conflicting laws; and for other purposes.13
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:14
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SECTION 1.15
This Act shall be known and may be cited as the "Ensuring Accountability for Illegal AI16
Activities Act."17
SECTION 2.18
Part 1 of Article 3 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated,19
relating to general provisions relative to obscenity and related offenses, is amended by20
adding a new Code section to read as follows:21
"16-12-80.1.22
(a) As used in this Code section, the term:23
(1) 'Artificial intelligence system' shall have the same meaning as set forth in Code24
Section 17-10-22.25
(2) 'Child' means any individual under the age of 16 years.26
(3) 'Obscene' means material which meets the following requirements:27
(A) To an average person, applying contemporary community standards, taken as a28
whole, it predominantly appeals to the prurient interest, that is, a shameful or morbid29
interest in nudity, sex, or excretion;30
(B) The material taken as a whole lacks serious literary, artistic, political, or scientific31
value; and32
(C) The material depicts or describes, in a patently offensive way, sexually explicit33
conduct.34
(4) 'Sexually explicit conduct' shall have the same meaning as set forth in Code35
Section 16-12-100.36
(b) A person commits the offense of distribution of computer generated obscene material37
depicting a child when such person knowingly distributes, solicits, or possesses with intent38
to distribute a visual depiction of any kind, including an electronic image, electronic video,39
drawing, sculpture, or painting, that:40
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(1) Depicts an image that appears to be of a child, and that would appear realistic to an41
average observer, engaging in sexually explicit conduct, whether alone or between42
persons of the same or opposite sex;43
(2) Is obscene; and44
(3) Was created through the use of an artificial intelligence system.45
(c) A person who owns or operates a computer program or application that is designed46
primarily for use by or marketed to children, is accessible to the public, and which utilizes47
an artificial intelligence system to generate text responses to user's prompts shall be guilty48
of the offense of distribution of computer generated obscene material to a child if such49
person knows or reasonably should have known that such computer program or application50
was reasonably likely to and in fact did provide a description of obscene conduct to a child.51
(d) A person who commits an offense under this Code section shall be guilty of a felony52
and, upon conviction thereof, shall be punished by imprisonment for not less than one year53
nor more than 15 years.54
(e) It shall not be a required element of an offense under this Code section that the image55
of a child in such depiction is of a currently or previously living individual.56
(f) If the sentence imposed under this Code section is probated, in whole or in part, by the57
sentencing court, as a condition of such probation, the sentencing court shall have the58
discretion to impose any or all of the requirements set forth in subsection (b) of Code59
Section 42-8-35.60
(g) For purposes of this Code section, a person who, in the course of processing or61
producing visual or printed matter either privately or commercially, has reasonable cause62
to believe that the visual or printed matter submitted for processing or producing depicts63
what appears to be a minor engaged in sexually explicit conduct shall immediately report64
such incident, or cause a report to be made, to the National Center for Missing and65
Exploited Children, and may additionally report such to the Georgia Bureau of66
Investigation or the law enforcement agency for the county in which such matter is67
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submitted. Any person participating in the making of a report or causing a report to be68
made pursuant to this subsection or participating in any judicial proceeding or any other69
proceeding resulting therefrom shall in so doing be immune from any civil or criminal70
liability that might otherwise be incurred or imposed, provided such participation pursuant71
to this subsection is made in good faith.72
(h) The provisions of subsection (b) of this Code section shall not apply to the activities73
of law enforcement and prosecution agencies in the investigation and prosecution of74
criminal offenses."75
SECTION 3.76
Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to77
procedure for sentencing and imposition of punishment, is amended by adding a new Code78
section to read as follows:79
"17-10-22.80
(a) As used in this Code section, the term:81
(1) 'Artificial intelligence system' means an engineered or machine based system that82
emulates the capability of a person to receive audio, visual, text, or any other form of83
information and use such information to emulate a human cognitive process, including,84
but not limited to, learning, generalizing, reasoning, planning, predicting, acting, or85
communicating; provided, however, that artificial intelligence systems may vary in the86
forms of information they can receive and in the human cognitive processes they can87
emulate.88
(2) 'Designated offense' means:89
(A) Stalking in violation of Code Section 16-5-90;90
(B) Aggravated stalking in violation of Code Section 16-5-91;91
(C) Exploitation of a disabled adult, elder person, or resident in violation of Code92
Section 16-5-102;93
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(D) Enticing a child for indecent purposes in violation of Code Section 16-6-5;94
(E) Any misdemeanor or felony offense provided for in Article 1 of Chapter 8 of95
Title 16;96
(F) Any misdemeanor or felony offense provided for in Article 3 of Chapter 8 of97
Title 16;98
(G) Any misdemeanor or felony offense provided for in Article 5 of Chapter 8 of99
Title 16;100
(H) Any misdemeanor or felony offense provided for in Chapter 9 of Title 16;101
(I) Any misdemeanor or felony offense provided for in Chapter 10 of Title 16;102
(J) Any misdemeanor or felony offense provided for in Chapter 11 of Title 16;103
(K) Any misdemeanor or felony offense provided for in Chapter 12 of Title 16; and104
(L) Fraudulent election interference in violation of Code Section 21-2-604.105
(3) 'Utilized an artificial intelligence system' means to be the proximate cause of an106
artificial intelligence system receiving an input or providing an output.107
(b) Subject to the notice requirement provided in subsection (c) of this Code section and108
in enhancement of the penalty imposed, if the trier of fact determines beyond a reasonable109
doubt that the defendant knowingly and intentionally utilized an artificial intelligence110
system in the commission of a designated offense, the judge imposing sentence shall:111
(1) If the designated offense for which the defendant was convicted is a misdemeanor,112
impose a sentence of confinement for a period of not less than six nor more than 12113
months and a fine not to exceed $5,000.00; or114
(2) If the designated offense for which the defendant was convicted is a felony, impose115
a sentence of imprisonment for a period of not less than two years and a fine not less than116
$5,000.00; provided, however, that, if such designated offense is subject to a minimum117
sentence of imprisonment for two years or more, the judge shall impose a sentence of118
imprisonment for not less than such minimum sentence plus one year and a fine of not119
less than $5,000.00.120
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(c) At any time after the filing of an indictment or accusation, but not later than the121
arraignment, the state shall notify the defendant of its intention to seek the enhanced122
penalty or penalties authorized by subsection (b) of this Code section. Such notice shall123
be in writing and shall allege the specific factor or factors authorizing an enhanced124
sentence in the case pursuant to this Code section.125
(d) The judge shall state when he or she imposes the sentence the amount of the126
enhancement of the sentence based on the application of subsection (b) of this Code127
section."128
SECTION 4.129
Titles 20 and 32 of the Official Code of Georgia Annotated, relating to education and130
highways, bridges, and ferries, respectively, are amended by replacing "16-12-80"131
with "16-12-80.1" wherever the former term appears in:132
(1) Code Section 20-2-324, relating to internet acceptable-use policies required in all133
public schools, minimum policy requirements, policy enforcement, technology protection134
measures required, policy compliance review, approval, and enforcement by State Board135
of Education, and waivers prohibited;136
(2) Code Section 20-5-5, relating to internet safety policies in public libraries;137
(3) Code Section 32-6-75, relating to restrictions on outdoor advertising authorized by138
Code Sections 32-6-72 and 32-6-73 and multiple message signs on interstate system,139
primary highways, and other highways; and140
(4) Code Section 32-6-75.3, relating to permits for trimming or removal of trees or141
vegetation in state right of way which obstruct view of outdoor advertising and removal142
of signs with lapsed permits.143
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SECTION 5.144
This Act shall become effective on July 1, 2025, and shall apply to all offenses committed145
on or after such date.146
SECTION 6.147
All laws and parts of laws in conflict with this Act are repealed.148
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