Georgia Lawmakers Consider New Restrictions on AI-Generated Images
ATLANTA — Georgia state senators are weighing a proposal that would criminalize the creation and distribution of sexually explicit, computer-generated images of individuals using artificial intelligence. The bill, Senate Bill 398, sponsored by state Sen. Bo Hatchett, R-Cornelia, aims to address the growing threat of “virtual peeping” and protect individuals from privacy violations.
According to Senator Hatchett, the technology to create these images, once relegated to science fiction, has become a “nightmare” for victims. He argued that individuals should not fear posting images of themselves online or having their photographs misused through AI manipulation. “There needs to be some protections in the law, and I think they need to be harsh punishments,” Hatchett reportedly said during Monday’s session.
Under the proposed legislation, generating an obscene image of an adult without their consent would be classified as a felony, carrying a potential sentence of up to 10 years in prison and a $50,000 fine. The penalties would be significantly steeper for images depicting minors, with a maximum imprisonment of 20 years and a $100,000 fine.
While the intent of the bill has garnered support, concerns have been raised regarding its potential breadth. Cindy Battles, policy director for The Georgia Coalition for the People’s Agenda, a civil rights group, expressed reservations about applying felony charges to younger individuals who might misuse the technology. “Sixteen-year-old boys are dumb,” Battles said, adding that the bill could unfairly penalize teenagers whose brains are still developing.
The American Civil Liberties Union of Georgia has also called for revisions to the bill, advocating for a focus on harmful images while safeguarding artistic expression, satire, political commentary, and parody. The organization believes the legislation should be carefully tailored to avoid infringing on First Amendment rights.
Minority Leader Harold Jones II, D-Augusta, emphasized the urgency of addressing the challenges posed by rapidly evolving technology. “This is what we ought to be doing with our time because technology is getting beyond our criminal justice system,” Jones reportedly stated.
Legislators indicated they would continue to refine the bill, with Senator Hatchett planning to present a revised version next week. The bill did not receive a vote on Monday, February 2, 2026.
The debate over Senate Bill 398 comes as concerns about the misuse of artificial intelligence, particularly in the creation of “deepfakes,” continue to grow. According to the U.S. Government Accountability Office, deepfakes rely on artificial neural networks, which are computer systems modeled on the human brain, to identify and reconstruct patterns, often faces. Public policy organizations and lawmakers have expressed concerns about the potential for deepfakes to be used for malicious purposes, including the creation of child sexual abuse material, the spread of disinformation, and threats to national security.
Nationwide, states are grappling with how to regulate deepfakes. As of September 24, 2025, California’s Assembly Bill 2655, the Defending Democracy from Deepfake Deception Act, requires large online platforms to label politically-related deepfakes. Other states, including Alabama, Alaska, Arizona, Arkansas, Colorado, Connecticut, Delaware, Florida, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, and Wisconsin, are also considering or have considered legislation related to deepfake technology, according to Ballotpedia.
