AI Frontier Institute

Crimes and offenses; obscenity; repeal and replace Code Section 16-12-80

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HB 171 (Senate Rules Committee substitute, "Ensuring Accountability for Illegal AI Activities Act") has not been enacted; it has been engrossed. If enacted, effective July 1, 2026 (Section 5), it would: (1) Section 2 adds Code Section 16-12-100.6, making it a felony (1 to 15 years imprisonment) to knowingly create, distribute, solicit, or possess with intent to distribute a visual depiction harmful to minors that was generated using an AI system. The depicted minor need not actually exist (subsection (d)). Exceptions cover law enforcement and prosecution activities, legitimate medical, scientific, or educational activities, and a person depicting only themselves (subsection (f)). A reduced misdemeanor applies in limited cases involving consensual depictions of a minor at least 14 and a defendant 18 or younger (subsection (g)). It also sets out Georgia jurisdiction rules (subsection (h)), makes each violation a separate offense (subsection (i)), and gives courts discretion over probation conditions (subsection (e)). (2) Section 3 adds Code Section 17-10-23, which defines "artificial intelligence system" and lists designated offenses (stalking, aggravated stalking, exploitation of a disabled adult or elder person, enticing a child, many offenses in listed Title 16 chapters and articles, and fraudulent election interference under 21-2-604). If the trier of fact finds beyond a reasonable doubt that the defendant knowingly and intentionally used AI in committing one of these offenses, enhanced sentences are mandatory. A misdemeanor carries 6 to 12 months confinement and a fine up to $5,000. A felony carries at least 2 years (or the minimum sentence plus one year if the minimum is already 2 years or more) and a fine of at least $5,000. The state must give written notice of intent to seek enhancement no later than arraignment, and the judge must state the amount of the enhancement. (3) Section 4 amends Code Section 42-1-12(a)(9) so that, for convictions after June 30, 2026, distribution of computer generated obscene material depicting a minor under Code Section 16-12-80 counts as a sexual offender registry "criminal offense against a victim who is a minor." Section 6 repeals conflicting laws.

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