Capitol Beat News Service
This story also appeared in Capitol Beat News Service

ATLANTA โ€” It could soon become a serious crime in Georgia to use AI apps to create obscene, computer-generated images of real people.

State senators considered a proposal Monday to create the crime of โ€œvirtual peepingโ€ by using artificial intelligence to virtually undress people.

The technology would have been viewed as science fiction several years ago but now it has become a โ€œnightmareโ€ for victims whose privacy is violated, said state Sen. Bo Hatchett, R-Cornelia, the sponsor of Senate Bill 398.

โ€œYou shouldnโ€™t have to be afraid to post an image of yourself online. You shouldnโ€™t be afraid to have a picture of yourself in a yearbook and have that photograph used in the ways that people are using them now,โ€ Hatchett said. โ€œThere needs to be some protections in the law, and I think they need to be harsh punishments.โ€

Under the bill, using AI to generate an obscene image of an adult without their consent would be a felony punishable by up to 10 years in prison and a $50,000 fine. Obscene AI images of minors would come with imprisonment up to 20 years and a $100,000 fine.

Several people told a Senate Judiciary subcommittee Monday they support the intent of the bill, but they were concerned it could be too broad.

โ€œSixteen-year-old boys are dumb. You have a tool that will very easily create a naked image, and youโ€™re telling a 16-year-old boy whose brain is barely fully formed, certainly not their frontal lobe, that they cannot do that thing,โ€ said Cindy Battles, policy director for The Georgia Coalition for the Peopleโ€™s Agenda, a civil rights group. โ€œI donโ€™t think a 16-year-old child should be charged with a felony for having an image that they created using AI.โ€

The American Civil Liberties Union of Georgia told senators the bill should be revised to target harmful images while protecting satire, political commentary, artistic expression and parody.

โ€œThis is what we ought to be doing with our time because technology is getting beyond our criminal justice system,โ€ said Minority Leader Harold Jones II, D-Augusta.

Legislators said they will continue working on the bill, and it didnโ€™t receive a vote Monday. Hatchett said he plans to present a new version of the bill next week.

Mark Niesse is a veteran reporter with expertise in the Georgia legislature and voting laws.