| 18 | | - | (1) 'Close relation' means a person's current spouse, parent, child, sibling, stepchild,14 |
|---|
| 19 | | - | stepparent, grandparent, coworker, an individual in a dating relationship with such person15 |
|---|
| 20 | | - | S. B. 27 (SUB) |
|---|
| 21 | | - | - 1 - 25 LC 48 1609S |
|---|
| 22 | | - | as defined in Code Section 19-13A-1, or any individual who lives in the same household16 |
|---|
| 23 | | - | as such person.17 |
|---|
| 24 | | - | (2) 'Mental anguish' means emotional distress as evidenced by fear, torment, or18 |
|---|
| 25 | | - | apprehension of physical harm that results from the posting of a person's personally19 |
|---|
| 26 | | - | identifiable information.20 |
|---|
| 27 | | - | (3) 'Personally identifiable information' means information or combination of21 |
|---|
| 28 | | - | information, whether publicly available or not, that is, or includes within it, a person's22 |
|---|
| 29 | | - | residence or address, location, employer, prior legal name, social security number, phone23 |
|---|
| 30 | | - | number, or likely future location based on such person's history of visiting such location. 24 |
|---|
| 31 | | - | Personally identifiable information does not include the display of a property address25 |
|---|
| 32 | | - | provided on a real estate or mapping platform when the address is not displayed or26 |
|---|
| 33 | | - | disclosed in connection with any information identifying the owner or occupant.27 |
|---|
| 34 | | - | (4) 'Post' means to deliver, distribute, disseminate, or transmit to more than one person28 |
|---|
| 35 | | - | through a social media platform, email, or text message, whether through audio, image,29 |
|---|
| 36 | | - | text, or video.30 |
|---|
| 37 | | - | (5) 'Significant economic injury' means reasonable financial costs or expenses incurred31 |
|---|
| 38 | | - | by an alleged victim as a result of mental anguish proximately caused by the posting of32 |
|---|
| 39 | | - | such alleged victim's personally identifiable information, including, but not limited to,33 |
|---|
| 40 | | - | moving from an established residence, changing daily routines, changing routes or modes34 |
|---|
| 41 | | - | of transportation to and from work, changing employment or work schedules, losing time35 |
|---|
| 42 | | - | from employment, damage to personal or real property, or experiencing a monetary loss36 |
|---|
| 43 | | - | of not less than $500.00.37 |
|---|
| 44 | | - | (6) 'Social media platform' shall have the same meaning as provided in Code Section38 |
|---|
| 45 | | - | 50-29-20.39 |
|---|
| 46 | | - | (7) 'Stalking' shall have the same meaning as provided in Article 7 of Chapter 5 of this40 |
|---|
| 47 | | - | title.41 |
|---|
| 48 | | - | S. B. 27 (SUB) |
|---|
| 49 | | - | - 2 - 25 LC 48 1609S |
|---|
| 50 | | - | (b)(1) A person commits the offense of doxing when he or she intentionally posts42 |
|---|
| 51 | | - | personally identifiable information of a second individual, or of a person of a close43 |
|---|
| 52 | | - | relation to such second individual, without such second individual's consent and does so44 |
|---|
| 53 | | - | with reckless disregard as to whether the information in such post will cause a third party45 |
|---|
| 54 | | - | who could read, receive, view, or watch the post, to cause such second individual, or a46 |
|---|
| 55 | | - | person of a close relation to such second individual, to:47 |
|---|
| 56 | | - | (A) Be placed in actual fear of stalking, serious bodily injury, or death, as a result48 |
|---|
| 57 | | - | therefrom; or49 |
|---|
| 58 | | - | (B) Suffer a significant economic injury or mental anguish as a result therefrom.50 |
|---|
| 59 | | - | (2) A person shall be guilty of a misdemeanor by committing the offense of doxing51 |
|---|
| 60 | | - | prohibited under paragraph (1) of this subsection, except that upon a second or52 |
|---|
| 61 | | - | subsequent conviction for doxing, such person shall be guilty of a felony and punished53 |
|---|
| 62 | | - | by imprisonment for not less than one nor more than two years, a fine of not less than54 |
|---|
| 63 | | - | $5,000.00, or both.55 |
|---|
| 64 | | - | (c)(1) A person commits the offense of aggravated doxing when he or she posts56 |
|---|
| 65 | | - | personally identifiable information of a second individual, or of a person of a close57 |
|---|
| 66 | | - | relation to such second individual, without such second individual's consent and does so58 |
|---|
| 67 | | - | with the intent for such post to cause such second individual, or a person of a close59 |
|---|
| 68 | | - | relation to such second individual, to:60 |
|---|
| 69 | | - | (A) Be placed in actual fear of stalking, serious bodily injury, or death; or61 |
|---|
| 70 | | - | (B) Suffer a significant economic injury or mental anguish;62 |
|---|
| 71 | | - | from a third party who could read, receive, view, or watch such post.63 |
|---|
| 72 | | - | (2) For purposes of this subsection, for a person to be guilty of the offense of aggravated64 |
|---|
| 73 | | - | doxing, the second individual, or a person of a close relation to such second individual,65 |
|---|
| 74 | | - | must have been placed in actual fear of stalking, serious bodily injury, or death, or66 |
|---|
| 75 | | - | suffered a significant economic injury or mental anguish.67 |
|---|
| 76 | | - | S. B. 27 (SUB) |
|---|
| 77 | | - | - 3 - 25 LC 48 1609S |
|---|
| 78 | | - | (3) A person shall be guilty of a felony by committing the offense of aggravated doxing68 |
|---|
| 79 | | - | prohibited under paragraph (1) of this subsection and punished by imprisonment of not69 |
|---|
| 80 | | - | less than two years nor more than five years, a fine of $5,000.00, or both. Upon a second70 |
|---|
| 81 | | - | or subsequent conviction of aggravated doxing, a person shall be punished by71 |
|---|
| 82 | | - | imprisonment for not less than five nor more than ten years, a fine of $10,000.00, or both.72 |
|---|
| 83 | | - | (4) Any person who violates this subsection which results in the person whose73 |
|---|
| 84 | | - | information was made public suffering serious bodily injury or death shall be punished74 |
|---|
| 85 | | - | as a party to the crime as provided in Article 2 of Chapter 2 of this title.75 |
|---|
| 86 | | - | (d) It shall not be an offense under this Code section for a person to:76 |
|---|
| 87 | | - | (1) Provide another person's personally identifiable information in connection with the77 |
|---|
| 88 | | - | reporting of criminal activity to an official, agent, or employee of a law enforcement78 |
|---|
| 89 | | - | agency, protective services agency, criminal investigations agency, intelligence agency,79 |
|---|
| 90 | | - | or homeland security agency of the State of Georgia or of the United States when the80 |
|---|
| 91 | | - | person making the report reasonably believes it is true;81 |
|---|
| 92 | | - | (2) Disseminate another person's personally identifiable information for the purpose of82 |
|---|
| 93 | | - | or in connection with the reporting of conduct reasonably believed to be unlawful; or83 |
|---|
| 94 | | - | (3) Provide another person's personally identifiable information in connection with84 |
|---|
| 95 | | - | lawful and constitutionally protected activity as it pertains to speech, assembly, and85 |
|---|
| 96 | | - | petition.86 |
|---|
| 97 | | - | (e) Nothing in this Code section shall be construed in any manner to:87 |
|---|
| 98 | | - | (1) Prevent, prohibit, limit, or restrict the freedom of expression that is protected under88 |
|---|
| 99 | | - | the Georgia Constitution or the First Amendment to the United States Constitution;89 |
|---|
| 100 | | - | provided, however, that speech or conduct involving true threats or expressive activity90 |
|---|
| 101 | | - | directed to provoke and likely to produce imminent lawless actions shall be prohibited,91 |
|---|
| 102 | | - | as per this Code section;92 |
|---|
| 103 | | - | (2) Conflict with the provisions of the federal Communication Decency Act, 47 U.S.C.93 |
|---|
| 104 | | - | Section 230;94 |
|---|
| 105 | | - | S. B. 27 (SUB) |
|---|
| 106 | | - | - 4 - 25 LC 48 1609S |
|---|
| 107 | | - | (3) Conflict with the provisions of the federal Civil Rights Act of 1871, 42 U.S.C.95 |
|---|
| 108 | | - | Section 1983; or96 |
|---|
| 109 | | - | (4) Prohibit any activity protected under the Constitution of the United States or the97 |
|---|
| 110 | | - | Georgia Constitution.98 |
|---|
| 111 | | - | (f) For purposes of determining jurisdiction, an offense shall be deemed to be committed99 |
|---|
| 112 | | - | in this state if the post that constitutes such offense either originates in this state or is100 |
|---|
| 113 | | - | received in this state.101 |
|---|
| 114 | | - | (g) The offenses of doxing and aggravated doxing shall be considered to have been102 |
|---|
| 115 | | - | committed in the county or counties where the:103 |
|---|
| 116 | | - | (1) Defendant was located when he or she posted the personally identifiable information:104 |
|---|
| 117 | | - | or105 |
|---|
| 118 | | - | (2) Person resides whose personally identifiable information was posted."106 |
|---|
| 119 | | - | SECTION 3.107 |
|---|
| 120 | | - | This Act shall become effective on July 1, 2025, and shall apply to all offenses committed108 |
|---|
| 121 | | - | on or after such date.109 |
|---|
| 122 | | - | SECTION 4.110 |
|---|
| 123 | | - | All laws and parts of laws in conflict with this Act are repealed.111 |
|---|
| 124 | | - | S. B. 27 (SUB) |
|---|
| 125 | | - | - 5 - |
|---|
| 23 | + | (1) 'Close relation' means a person's current or former spouse, parent, child, sibling,14 |
|---|
| 24 | + | stepchild, stepparent, grandparent, coworker, an individual in a dating relationship with15 |
|---|
| 25 | + | S. B. 27 |
|---|
| 26 | + | - 1 - 25 LC 44 3104S (SCS) |
|---|
| 27 | + | such person as defined in Code Section 19-13A-1, or any individual who regularly resides16 |
|---|
| 28 | + | or, within the prior six months, regularly resided, in the same household as such person.17 |
|---|
| 29 | + | (2) 'Mental anguish' means emotional distress or suffering as evidenced by a reasonably18 |
|---|
| 30 | + | held anxiety, fear, torment, or apprehension of physical harm resulting from the posting19 |
|---|
| 31 | + | or publication of a person's personally identifiable information.20 |
|---|
| 32 | + | (3) 'Personally identifiable information' means:21 |
|---|
| 33 | + | (A) Any information or combination of information, whether publicly available or not,22 |
|---|
| 34 | + | that can be used to distinguish or trace a person's identity, residence, location, or23 |
|---|
| 35 | + | employer, including but not limited to such person's name, prior legal name, alias,24 |
|---|
| 36 | + | mother's maiden name, social security number, date or place of birth, address, phone25 |
|---|
| 37 | + | number, religious practices or affiliation, employment information, academic status, life26 |
|---|
| 38 | + | activities, or biometric data; and27 |
|---|
| 39 | + | (B) Any sensitive private information regarding a person, such as gender identity,28 |
|---|
| 40 | + | sexual orientation, or any sexually intimate or explicit visual depiction.29 |
|---|
| 41 | + | (4) 'Post' means to circulate, deliver, distribute, disseminate, transmit, or otherwise make30 |
|---|
| 42 | + | available to one or more persons through electronic communication, including but not31 |
|---|
| 43 | + | limited to social media platforms and services.32 |
|---|
| 44 | + | (5) 'Reckless' means a gross deviation from the standard of care which a reasonable33 |
|---|
| 45 | + | person would exercise.34 |
|---|
| 46 | + | (6) 'Significant economic injury' means reasonable financial costs or expenses incurred35 |
|---|
| 47 | + | by an alleged victim as a result of mental anguish proximately caused by the posting of36 |
|---|
| 48 | + | that person's personally identifiable information, including, but not limited to, moving37 |
|---|
| 49 | + | from an established residence, changing daily routines, changing routes or modes of38 |
|---|
| 50 | + | transportation to and from work, changing employment or work schedules, losing time39 |
|---|
| 51 | + | from a work or job, damage to personal or real property, or experiencing a monetary loss40 |
|---|
| 52 | + | of not less than $500.00.41 |
|---|
| 53 | + | S. B. 27 |
|---|
| 54 | + | - 2 - 25 LC 44 3104S (SCS) |
|---|
| 55 | + | (7) 'Stalking' shall have the same meaning as contained in Article 7 of Chapter 5 of this42 |
|---|
| 56 | + | title.43 |
|---|
| 57 | + | (b)(1) A person commits the offense of doxing when such person intentionally posts44 |
|---|
| 58 | + | another person's personally identifying information without their consent and does so45 |
|---|
| 59 | + | with reckless disregard for whether the information would be reasonably likely to be used46 |
|---|
| 60 | + | by another party to cause the person whose information is posted to be placed in47 |
|---|
| 61 | + | reasonable fear of stalking, serious bodily injury or death to oneself or a close relation,48 |
|---|
| 62 | + | or to suffer a significant economic injury or mental anguish as a result therefrom.49 |
|---|
| 63 | + | (2) A person shall be guilty of a misdemeanor by committing the offense of doxing50 |
|---|
| 64 | + | prohibited under paragraph (1) of this subsection, except that upon a second or51 |
|---|
| 65 | + | subsequent conviction for doxing, the person shall be guilty of a high and aggravated52 |
|---|
| 66 | + | misdemeanor.53 |
|---|
| 67 | + | (c)(1) A person commits the offense of aggravated doxing when such person posts54 |
|---|
| 68 | + | another person's personally identifying information without their consent with the intent55 |
|---|
| 69 | + | that another person engage in conduct that is likely to or does cause the person whose56 |
|---|
| 70 | + | information is posted, or his or her close relation, to suffer death or bodily injury.57 |
|---|
| 71 | + | (2) A person who commits the offense of aggravated doxing is guilty of a felony and,58 |
|---|
| 72 | + | upon conviction thereof, shall be punished by imprisonment of not less than one nor more59 |
|---|
| 73 | + | than three years, a fine of not less than $1,000.00 nor more than $10,000.00, or both.60 |
|---|
| 74 | + | (d) It shall not be an offense under this Code section for a person to:61 |
|---|
| 75 | + | (1) Provide another person's personally identifiable information in connection with the62 |
|---|
| 76 | + | reporting of criminal activity to an official, agent, or employee of a law enforcement63 |
|---|
| 77 | + | agency, protective services agency, criminal investigations agency, intelligence agency,64 |
|---|
| 78 | + | or homeland security agency of the State of Georgia or of the United States when the65 |
|---|
| 79 | + | person making the report reasonably believes it is true;66 |
|---|
| 80 | + | (2) Disseminate another person's personally identifiable information for the purpose of67 |
|---|
| 81 | + | or in connection with the reporting of conduct reasonably believed to be unlawful; or68 |
|---|
| 82 | + | S. B. 27 |
|---|
| 83 | + | - 3 - 25 LC 44 3104S (SCS) |
|---|
| 84 | + | (3) Provide another person's personally identifiable information in connection with69 |
|---|
| 85 | + | lawful and constitutionally protected activity as it pertains to speech, assembly, and70 |
|---|
| 86 | + | petition.71 |
|---|
| 87 | + | (e) Nothing in this Code section shall be construed in any manner to:72 |
|---|
| 88 | + | (1) Prevent, prohibit, limit, or restrict the freedom of expression that is protected under73 |
|---|
| 89 | + | the Georgia Constitution or the First Amendment to the United States Constitution;74 |
|---|
| 90 | + | provided, however, that speech or conduct including, but not limited to, true threats or75 |
|---|
| 91 | + | expressive activity directed to provoke and likely to produce imminent lawless actions76 |
|---|
| 92 | + | shall be prohibited;77 |
|---|
| 93 | + | (2) Conflict with the provisions of the federal Communication Decency Act, 47 U.S.C.78 |
|---|
| 94 | + | Section 230;79 |
|---|
| 95 | + | (3) Conflict with the provisions of the federal Civil Rights Act of 1871, 42 U.S.C.80 |
|---|
| 96 | + | Section 1983; or81 |
|---|
| 97 | + | (4) Prohibit any activity protected under the Constitution of the United States or the82 |
|---|
| 98 | + | Georgia Constitution."83 |
|---|
| 99 | + | SECTION 3.84 |
|---|
| 100 | + | This Act shall become effective on July 1, 2025, and shall apply to all offenses committed85 |
|---|
| 101 | + | on or after such date.86 |
|---|
| 102 | + | SECTION 4.87 |
|---|
| 103 | + | All laws and parts of laws in conflict with this Act are repealed.88 |
|---|
| 104 | + | S. B. 27 |
|---|
| 105 | + | - 4 - |
|---|