GA SB 466 (no 'it's AI' defense for CSAM)

Amendment of Georgia CSAM Law — No Defense for Adapted or Modified Imagery (SB 466)
Georgia · Ga. SB 466 (2024); O.C.G.A. Sec. 16-12-100

Status
In effect
Took effect
July 1, 2024
Applies to
Any person subject to Georgia's child sexual exploitation statute.
Enforced by
Georgia state and local prosecutors (criminal enforcement).

Georgia's child sexual exploitation law was amended so that a defendant cannot escape liability by arguing the illegal imagery was artificially generated, adapted, or modified rather than a photograph of an actual child. If the material was created, adapted, or modified to appear that an identifiable minor is engaged in sexually explicit conduct, that is no defense to prosecution. This closes a potential loophole for AI-generated or computer-edited child sexual abuse material.

Who is protected: Identifiable minors depicted in real, adapted, or synthetically created sexual abuse material.

Legal detail

SB 466 (2023-2024) amended O.C.G.A. 16-12-100 to provide that it is not a defense to sexual exploitation of children that the visual medium was 'created, adapted, or modified to appear that an identifiable minor is engaging in sexually explicit conduct.'

Key facts

JurisdictionGeorgia
LevelState
StrengthLimited
EnactedApril 22, 2024
CitationGa. SB 466 (2024); O.C.G.A. Sec. 16-12-100
Private right of actionNo, agency enforcement only
PenaltiesExisting criminal penalties for sexual exploitation of children under O.C.G.A. 16-12-100 apply; the amendment removes a defense rather than creating a new penalty.
Topicschildren's online safety · AI-generated images
Bill textGeorgia Senate Bill 466 (2023-2024 Regular Session) — 24 LC 49 1737

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