Senate Bill 360 (April 2025, Enacted): Revenge Porn — Definition of Visual Representation and Civil Action
Bill Status: Approved and signed into law by Governor (Attorney General’s Review Letter)
Last Action: Passed by the legislature on April 7, 2025, and subsequently enacted on April 22, 2025.
FOR the purpose of defining the term “visual representation” as it relates to the crime of revenge porn; authorizing a person to bring a certain civil action for revenge porn; and generally relating to revenge porn.
This bill (1) defines “visual representation” under § 3-809 of the Criminal Law Article (revenge porn); (2) establishes that a person whose “visual representation” was distributed in violation of § 3-809 has a civil cause of action for defamation per se or invasion of privacy against any person who distributed the visual representation and authorizes a court to award reasonable attorney’s fees to a prevailing plaintiff in addition to any other relief; and (3) expands an existing provision that limits the inspection of a visual representation of a victim that is part of a court record in a violation of § 3-809 to account for these civil actions and plaintiffs and plaintiffs’ attorneys. The bill takes effect July 1, 2025.
House Bill 525 (2025, Pending): Election Law — Influencing a Voter by Dissemination of a a Deepfake — Prohibition
Bill Status: Stalled
Last Action: Referred to Senate Rules Committee on 3/18/25
FOR the purpose of prohibiting a person with fraudulent intent, influencing or attempting to influence a voter’s decision whether or not to cast a vote or whether to vote for or against a candidate or ballot issue by disseminating a deepfake; and generally relating to prohibiting, influencing, or attempting to influence a voter by dissemination of a deepfake.
This bill prohibits a person from, with specified fraudulent intent, influencing or attempting to influence a voter’s decision whether or not to cast a vote or whether to vote for or against a candidate or ballot issue by disseminating a “deepfake” (defined below). The bill does not apply to a deepfake that is disseminated by the news media or that is satire or parody. A person who violates the prohibition is subject to specified criminal penalties. The bill takes effect June 1, 2025.
House Bill 1425 / Senate Bill 905 (2025, Pending): Criminal Law – Identity Fraud – Artificial Intelligence and Deepfake Representations
Bill Status: Stalled
Last action: Referred to Judiciary Committee on 3/11/25
FOR the purpose of prohibiting a person from utilizing certain personal identifying information or engaging in certain conduct in order to cause certain harm; prohibiting a person from using certain artificial intelligence or certain deepfake representations for certain purposes; providing that a person who is the victim of certain conduct may bring a civil action against a certain person; and generally relating to identity fraud and artificial intelligence and deepfake representations.
This bill expands prohibitions under the identity fraud statute, including prohibiting a person from (1) using personal identifying information to cause harm, as specified and (2) assuming the identity of another (including a fictional person) to harm, harass, intimidate, or threaten. The bill also prohibits a person from using artificial intelligence or deepfake representations for specified fraud related purposes. Finally, the bill authorizes a person who is the victim of a specified prohibited act to bring a civil cause of action for injunctive or other appropriate relief against the person or persons who committed the act.
This bill expands prohibitions under the identity fraud statute, including prohibiting a person from (1) using personal identifying information to cause harm, as specified and (2) assuming the identity of another (including a fictional person) to harm, harass, intimidate, or threaten. The bill also prohibits a person from using artificial intelligence or deepfake representations for specified fraud related purposes. Finally, the bill authorizes a person who is the victim of a specified prohibited act to bring a civil cause of action for injunctive or other appropriate relief against the person or persons who committed the act.
House Bill 663 (2025, Pending): Civil Actions — Sexual Deepfake Representations and Revenge Porn
Bill Status: Stalled, in part, because of its redundancy with SB 360
Last Action: Referred to Judiciary Committee on 2/19
FOR the purpose of authorizing a person to bring and maintain a civil action for defamation against another person who distributes a computer–generated visual representation that is indistinguishable from an actual visual representation of the person and falsely depicts the person with his or her intimate parts exposed or engaged in sexual activity; clarifying what constitutes a visual representation for a certain prohibition against distributing a certain visual representation in a certain manner;authorizing an individual to bring a civil action for revenge porn; and generally relating to deepfake representations, defamations, and revenge porn.
This bill authorizes a person to bring and maintain a civil action for defamation per se against another who distributes a computer-generated visual representation that is “indistinguishable from an actual visual representation of the person” and falsely depicts the person with his or her intimate parts exposed or engaged in sexual activity. A court may award a prevailing plaintiff punitive damages, attorney’s fees, and injunctive relief from all parties involved. The bill also establishes that a person whose “visual representation” was distributed in violation of § 3-809 of the Criminal Law Article (revenge porn) has a civil cause of action against any person who distributed the visual representation. The court may award actual damages and reasonable attorney’s fees in such an action. Finally, the bill expands an existing provision that limits the inspection of a visual representation of a victim that is part of a court record in a violation of § 3-809 to account for this civil action and plaintiffs or plaintiff’s attorney.
House Bill 145 (2024, Dead): Deep Fake Representations & Harassment
Bill Status: Passed House (139-0); failed in Senate
Last Action: Referred to Judiciary Committee on 3/27
FOR the purpose of establishing the statute of limitations for a certain prosecution relating to harassment by distribution of a deep fake image to begin at the time the victim knew or reasonably should have known of the violation; establishing that it is harassment for a person to distribute a certain deep fake representation that is indistinguishable from an actual and identifiable human being; establishing that revenge porn does not include certain deep fake representations; and generally relating to deep fake representation and revenge porn.
This bill expands § 3-803 of the Criminal Law Article (harassment) to prohibit a person from knowingly distributing a “deep fake representation” of another identifiable person that displays the other person with intimate parts exposed or while engaged in specified acts of sexual activity. Violators are subject to the existing statutory penalty for violations of § 3-803. A prosecution for violating this prohibition must be instituted within five years after the victim knew or reasonably should have known of the violation. The bill also (1) specifies the circumstances under which the prohibition does not apply; (2) limits who may inspect a deep fake representation that is part of a court record; (3) excludes a deep fake representation from the meaning of “visual representation” for the purposes of the revenge porn statute (§ 3-809 of the Criminal Law Article); and (4) defines several terms.
This bill expands § 3-803 of the Criminal Law Article (harassment) to prohibit a person from knowingly distributing a “deep fake representation” of another identifiable person that displays the other person with intimate parts exposed or while engaged in specified acts of sexual activity. Violators are subject to the existing statutory penalty for violations of § 3-803. A prosecution for violating this prohibition must be instituted within five years after the victim knew or reasonably should have known of the violation. The bill also (1) specifies the circumstances under which the prohibition does not apply; (2) limits who may inspect a deep fake representation that is part of a court record; (3) excludes a deep fake representation from the meaning of “visual representation” for the purposes of the revenge porn statute (§ 3-809 of the Criminal Law Article); and (4) defines several terms.
FOR the purpose of prohibiting certain persons from willfully or knowingly influencing or attempting to influence a voter’s decision to go to the polls or to cast a vote for a particular candidate by publishing, distributing, or disseminating a deepfake online within a certain period of time before an election; providing that the prohibition does not apply to a person who discloses certain information on the deepfake in a certain manner; providing that certain provisions of this Act do not require service providers of online platforms to ensure that persons publishing, distributing, or disseminating campaign material comply with certain provisions of law; authorizing the State Administrator of Elections to investigate a potential violation of certain provisions of this Act by a person that publishes, distributes, or disseminates a deepfake; authorizing the State Board of Elections to request that the Attorney General institute an action in a circuit court for injunctive relief to require a person that publishes, distributes, or disseminates a deepfake to comply with certain provisions of this Act or to require an online platform to remove a deepfake that does not comply with certain provisions of this Act; requiring the State Board to notify a person that publishes, distributes, or disseminates a deepfake and that is the subject of an investigation of certain circumstances before requesting that the Attorney General seek an injunction; authorizing a circuit court to grant injunctive relief only if the Attorney General shows a violation by a preponderance of the evidence; prohibiting a person from publishing, distributing, or disseminating, or causing to be published, distributed, or disseminated, campaign material in violation of certain provisions of this Act; providing that a certain person is subject to certain penalties for a certain violation; providing for the application of certain provisions of this Act; defining certain terms; providing for a delayed effective date; and generally relating to the use of deepfakes in online campaign material.
This bill establishes a prohibition against specified use of online campaign material that is a “deepfake.” The bill authorizes (1) the State Administrator of Elections to investigate potential violations of the prohibition and (2) a circuit court to grant injunctive relief requiring a person to comply with the prohibition or requiring an online platform to remove a deepfake that does not comply with the prohibition. The bill also establishes criminal penalties for a violation of the prohibition. The bill takes effect January 1, 2021.
Fiscal Summary (State Effect) from Fiscal/Policy Note:
General fund expenditures increase by $7,000 annually, beginning in FY 2021, and potentially by additional amounts in future years, as discussed below. Special fund revenues may increase as a result of any monetary penalties imposed under the bill.
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