EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb0005*
HOUSE BILL 5
E1, O4 5lr0669
(PRE–FILED)
By: Delegate Wilson Delegates Wilson, Cardin, Pasteur, Schmidt, Simmons,
Phillips, Stinnett, Nkongolo, Arikan , Taylor, Simpson, Grammer,
Sample–Hughes, Conaway, Kaufman, and Williams
Requested: September 5, 2024
Introduced and read first time: January 8, 2025
Assigned to: Judiciary
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 3, 2025
CHAPTER ______
AN ACT concerning 1
Criminal Law – Child Pornography Sexual Abuse Material – Artificial 2
Intelligence Software 3
FOR the purpose of altering the term “child pornography” to be “child sexual abuse 4
material” for purposes of certain criminal offenses; defining “computer–generated 5
image” to include images created through the use of artificial intelligence software 6
as the term pertains to provisions of law related to child pornography sexual abuse 7
material; and generally relating to child pornography and artificial intelligence 8
software sexual abuse material. 9
BY repealing and reenacting, with amendments, 10
Article – Courts and Judicial Proceedings 11
Section 10–402(c)(2)(ii)1.F. and 10–406(a)(6) 12
Annotated Code of Maryland 13
(2020 Replacement Volume and 2024 Supplement) 14
BY repealing and reenacting, with amendments, 15
Article – Criminal Law 16
Section 9–801(g)(10), 11–208, and 11–208.1 17
Annotated Code of Maryland 18
(2021 Replacement Volume and 2024 Supplement) 19
2 HOUSE BILL 5
BY repealing and reenacting, with amendments, 1
Article – Criminal Procedure 2
Section 2–503(a)(1)(i)4. 3
Annotated Code of Maryland 4
(2018 Replacement Volume and 2024 Supplement) 5
BY repealing and reenacting, with amendments, 6
Article – Education 7
Section 23–506.1 8
Annotated Code of Maryland 9
(2022 Replacement Volume and 2024 Supplement) 10
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 11
That the Laws of Maryland read as follows: 12
Article – Courts and Judicial Proceedings 13
10–402. 14
(c) (2) (ii) It is lawful under this subtitle for an investigative or law 15
enforcement officer acting in a criminal investigation or any other person acting at the prior 16
direction and under the supervision of an investigative or law enforcement officer to 17
intercept a wire, oral, or electronic communication in order to provide evidence: 18
1. Of the commission of: 19
F. Child [pornography] SEXUAL ABUSE MATERIA L under § 20
11–207, § 11–208, or § 11–208.1 of the Criminal Law Article; 21
10–406. 22
(a) The Attorney General, State Prosecutor, or any State’s Attorney may apply to 23
a judge of competent jurisdiction, and the judge, in accordance with the provisions of § 24
10–408 of this subtitle, may grant an order authorizing the interception of wire, oral, or 25
electronic communications by investigative or law enforcement officers when the 26
interception may provide or has provided evidence of the commission of: 27
(6) Child [pornography] SEXUAL ABUSE MATERIA L under § 11–207, § 28
11–208, or § 11–208.1 of the Criminal Law Article; 29
Article – Criminal Law 30
9–801. 31
(g) “Underlying crime” means: 32
HOUSE BILL 5 3
(10) a violation of § 11–207 or § 11–208 of this article (child [pornography] 1
SEXUAL ABUSE MATERIA L); 2
11–208. 3
(a) (1) In this section[, “indistinguishable] THE FOLLOWING WORDS HAVE 4
THE MEANINGS INDICAT ED. 5
(2) “COMPUTER–GENERATED IMAGE ” INCLUDES IMAGES CREA TED 6
THROUGH THE USE OF A RTIFICIAL INTELLIGEN CE SOFTWARE . 7
(3) (I) “INDISTINGUISHABLE from an actual and identifiable child” 8
means an ordinary person would conclude that the image is of an actual and identifiable 9
minor. 10
[(2)] (II) “Indistinguishable from an actual and identifiable child” 11
includes a computer–generated image that has been created, adapted, or modified to appear 12
as an actual and identifiable child. 13
[(3)] (III) “Indistinguishable from an actual and identifiable child” does not 14
include images or items depicting minors that are: 15
[(i)] 1. drawings; 16
[(ii)] 2. cartoons; 17
[(iii)] 3. sculptures; or 18
[(iv)] 4. paintings. 19
(b) (1) A person may not knowingly possess and intentionally retain a film, 20
videotape, photograph, or other visual representation showing an actual child or a 21
computer–generated image that is indistinguishable from an actual and identifiable child 22
under the age of 16 years: 23
(i) engaged as a subject of sadomasochistic abuse; 24
(ii) engaged in sexual conduct; or 25
(iii) in a state of sexual excitement. 26
(2) A person may not knowingly or intentionally access and intentionally 27
view a film, videotape, photograph, or other visual representation showing an actual child 28
or a computer–generated image that is indistinguishable from an actual and identifiable 29
child under the age of 16 years: 30
4 HOUSE BILL 5
(i) engaged as a subject of sadomasochistic abuse; 1
(ii) engaged in sexual conduct; or 2
(iii) in a state of sexual excitement. 3
(c) (1) Except as provided in paragraph (2) of this subsection, a person who 4
violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment 5
not exceeding 5 years or a fine not exceeding $2,500 or both. 6
(2) A person who violates this section, having previously been convicted 7
under this section, is guilty of a felony and on conviction is subject to imprisonment not 8
exceeding 10 years or a fine not exceeding $10,000 or both. 9
(d) Nothing in this section may be construed to prohibit a parent from possessing 10
visual representations of the parent’s own child in the nude unless the visual 11
representations show the child engaged: 12
(1) as a subject of sadomasochistic abuse; or 13
(2) in sexual conduct and in a state of sexual excitement. 14
(e) It is an affirmative defense to a charge of violating this section that the person 15
promptly and in good faith: 16
(1) took reasonable steps to destroy each visual representation; or 17
(2) reported the matter to a law enforcement agency. 18
11–208.1. 19
(a) (1) In this section the following words have the meanings indicated. 20
(2) “Child [pornography”] SEXUAL ABUSE MATERIA L” means any 21
electronic image or visual depiction that is unlawful under § 11–207 or § 11–208 of this 22
subtitle. 23
(3) “Controlled or owned”, with respect to a server or other storage device, 24
means to be entirely owned by an interactive computer service provider or to be subject to 25
exclusive management by an interactive computer service provider by agreement or 26
otherwise. 27
(4) “Interactive computer service provider” means an entity that provides 28
a service that provides or enables computer access via the Internet by multiple users to a 29
computer server or similar device used for the storage of graphics, video, or images. 30
HOUSE BILL 5 5
(b) An investigative or law enforcement officer who receives information that an 1
item of alleged child [pornography] SEXUAL ABUSE MATERIA L resides on a server or other 2
storage device controlled or owned by an interactive computer service provider shall: 3
(1) contact the interactive computer service provider that controls or owns 4
the server or other storage device where the item of alleged child [pornography] SEXUAL 5
ABUSE MATERIAL is located; 6
(2) inform the interactive computer service provider of the provisions of 7
this section; and 8
(3) request that the interactive computer service provider voluntarily 9
comply with this section and remove the item of alleged child [pornography] SEXUAL 10
ABUSE MATERIAL from its server or other storage device, if practicable, within 5 business 11
days. 12
(c) (1) If the interactive computer service provider does not voluntarily remove 13
the item of alleged child [pornography] SEXUAL ABUSE MATERIA L within the time period 14
established in subsection (b) of this section, the investigative or law enforcement officer 15
shall apply for a court order of authorization to remove the item of alleged child 16
[pornography] SEXUAL ABUSE MATERIA L in accordance with Title 10, Subtitle 4 of the 17
Courts Article. 18
(2) The application for a court order shall: 19
(i) identify the item of alleged child [pornography] SEXUAL ABUSE 20
MATERIAL discovered on the server or other storage device controlled or owned by an 21
interactive computer service provider; 22
(ii) provide its location on the server or other storage device in the 23
form of an Internet protocol (IP) address or uniform resource locator (URL); 24
(iii) state the grounds for the issuance of the order; 25
(iv) verify that the item of alleged child [pornography] SEXUAL 26
ABUSE MATERIAL resides on the server or other storage device controlled or owned by the 27
interactive computer service provider; 28
(v) describe the steps taken to obtain voluntary compliance of the 29
interactive computer service provider with this section; 30
(vi) inform the interactive computer service provider of its right to 31
request a hearing on the application; and 32
(vii) state the name and title of the affiant. 33
6 HOUSE BILL 5
(3) The investigative or law enforcement officer shall serve the application 1
on the interactive computer service provider. 2
(4) The interactive computer service provider has the right to request a 3
hearing before the court imposes any penalty under this section. 4
(d) The court shall review the application and testimony, if offered, and, upon a 5
finding of probable cause, issue an order that: 6
(1) an item of child [pornography] SEXUAL ABUSE MATERIA L resides on 7
a server or other storage device controlled or owned by the interactive computer service 8
provider or is accessible to persons located in the State; 9
(2) there is probable cause to believe that the item violates § 11–207 or § 10
11–208 of this subtitle; 11
(3) the interactive computer service provider shall remove the item 12
residing on a server or other storage device controlled or owned by the interactive computer 13
service provider within 5 business days after receiving the order, if practicable; 14
(4) failure of the interactive computer service provider to comply with the 15
court’s order is a violation of this section; 16
(5) the removal of the item on the server or other storage device controlled 17
or owned by the interactive computer service provider may not unreasonably interfere with 18
a request by a law enforcement agency to preserve records or other evidence; 19
(6) the process of removal shall be conducted in a manner that prevents the 20
removal of images, information, or data not otherwise subject to removal under this section; 21
and 22
(7) provides the interactive computer service provider notice and 23
opportunity for a hearing before the court imposes any penalty under this section. 24
(e) (1) The Office of the State’s Attorney shall serve the court’s order on the 25
interactive computer service provider. 26
(2) The order shall be accompanied by: 27
(i) the application made under subsection (c) of this section; 28
(ii) notification requiring the interactive computer service provider 29
to remove the item residing on a server or other storage device controlled or owned by the 30
interactive computer service provider, if practicable, within 5 business days after receiving 31
the order; 32
HOUSE BILL 5 7
(iii) notification of the criminal penalties for failure to remove the 1
item of child [pornography] SEXUAL ABUSE MATERIA L; 2
(iv) notification of the right to appeal the court’s order; and 3
(v) contact information for the Office of the State’s Attorney. 4
(f) An interactive computer service provider who is served with a court order 5
under subsection (e) of this section shall remove the item of child [pornography] SEXUAL 6
ABUSE MATERIAL that is the subject of the order within 5 business days after receiving 7
the court order, if practicable. 8
(g) (1) An interactive computer service provider may petition the court for 9
relief for cause from an order issued under subsection (d) of this section. 10
(2) The petition may be based on considerations of: 11
(i) the cost or technical feasibility of compliance with the order; or 12
(ii) the inability of the interactive computer service provider to 13
comply with the order without also removing data, images, or information that are not 14
subject to this section. 15
(h) (1) (i) Subject to subparagraph (ii) of this paragraph, an interactive 16
computer service provider shall report the location of an item of child [pornography] 17
SEXUAL ABUSE MATERIA L to the State Police if the item of child [pornography] SEXUAL 18
ABUSE MATERIAL : 19
1. resides on a server or other storage device that is: 20
A. controlled or owned by the interactive computer service 21
provider; and 22
B. located in the State; or 23
2. based on information apparent to the provider at the time 24
of the report or discovery of an item of child [pornography] SEXUAL ABUSE MATERIA L, 25
pertains to a subscriber or user of the interactive computer service who resides in the State. 26
(ii) Subparagraph (i) of this paragraph does not apply to an 27
interactive computer service provider if: 28
1. federal law expressly provides for or permits the referral 29
of a report of an item of child [pornography] SEXUAL ABUSE MATERIA L to a state or local 30
law enforcement agency; and 31
8 HOUSE BILL 5
2. the interactive computer service provider complies with 1
the federal law. 2
(2) An interactive computer service provider who knowingly and willfully 3
fails to report the information required under paragraph (1) of this subsection is guilty of a 4
misdemeanor and on conviction is subject to: 5
(i) for a first violation, a fine not exceeding $5,000; 6
(ii) for a second violation, a fine not exceeding $20,000; and 7
(iii) for each subsequent violation, a fine not exceeding $30,000. 8
(i) An interactive computer service provider who willfully violates subsection (f) 9
of this section is guilty of a misdemeanor and on conviction is subject to: 10
(1) for a first violation, a fine not exceeding $5,000; 11
(2) for a second violation, a fine not exceeding $20,000; and 12
(3) for each subsequent violation, a fine not exceeding $30,000. 13
(j) An interactive computer service provider who willfully violates subsection (f) 14
or (h) of this section may be prosecuted, indicted, tried, and convicted in any county in or 15
through which: 16
(1) the interactive computer service provider provides access to the 17
Internet; 18
(2) any communication from the interactive computer service provider 19
traveled; or 20
(3) the communication from the interactive computer service provider 21
originated or terminated. 22
(k) (1) This section does not impose a duty on an interactive computer service 23
provider actively to monitor its service or affirmatively to seek evidence of an item of child 24
[pornography] SEXUAL ABUSE MATERIA L on its service. 25
(2) This section does not apply to the interactive computer service 26
provider’s transmission or routing of, or intermediate temporary storage or caching of, an 27
image, information, or data that otherwise is subject to this section. 28
(l) An interactive computer service provider may not be held liable for any action 29
taken in good faith to comply with this section. 30
Article – Criminal Procedure 31 HOUSE BILL 5 9
2–503. 1
(a) (1) A police officer or other employee or agent of a law enforcement agency 2
may not, in the furtherance of a criminal investigation: 3
(i) use facial recognition technology to investigate a crime other 4
than the commission of or the attempt to commit: 5
4. a child [pornography] SEXUAL ABUSE MATERIA L offense 6
under § 11–207 of the Criminal Law Article; 7
Article – Education 8
23–506.1. 9
(a) (1) In this section the following words have the meanings indicated. 10
(2) “Child [pornography”] SEXUAL ABUSE MATERIA L” means a violation 11
of § 11–207 of the Criminal Law Article. 12
(3) “Obscene” has the meaning stated in § 11–203 of the Criminal Law 13
Article. 14
(b) On or before January 1, 2001, each county or board of trustees of a county 15
library shall: 16
(1) Adopt and implement policies and procedures to prevent minors from 17
obtaining access through the library, by means of the Internet, the World Wide Web, 18
Usenet, or any other interactive computer service to materials that are obscene or 19
constitute child [pornography] SEXUAL ABUSE MATERIA L; and 20
(2) Submit the policies and procedures required under this section to the 21
State Librarian for review. 22
(c) The State Librarian or a designee of the State Librarian shall regularly 23
monitor the county libraries to determine whether each library is complying with the 24
policies and procedures adopted for preventing a minor from obtaining Internet access to 25
obscene materials through the library. 26
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 27
October 1, 2025. 28