GA SB398

Creates the felony offense of "virtual peeping on a minor" for intentionally using generative AI to create obscene images of minors, punishable by 5-20 years imprisonment and up to $100,000 fine

Establishes "virtual peeping on an adult" as a felony when AI-generated obscene images are created without the adult's consent, carrying 1-10 years imprisonment and up to $50,000 fine

Reduces the minor-related offense to a misdemeanor when the depicted minor is at least 14, consented, the defendant is 18 or younger, and no distribution occurred (or distribution was non-malicious and non-commercial)

Creates a felony offense for operators of AI programs designed for or marketed to children if the program provides obscene material descriptions to children, punishable by 1-15 years imprisonment

Each AI-generated image constitutes a separate offense; law enforcement activities for investigation and prosecution are exempt from these provisions