EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXIS TING LAW.
[Brackets] indicate matter deleted from existing law.
*hb0663*
HOUSE BILL 663
D3 5lr2381
HB 1062/24 – JUD
By: Delegates Lopez, Allen, and Kaufman
Introduced and read first time: January 24, 2025
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Civil Actions – Sexual Deepfake Representations and Revenge Porn 2
FOR the purpose of authorizing a person to bring and maintain a civil action for defamation 3
against another person who distributes a computer–generated visual representation 4
that is indistinguishable from an actual visual representation of the person and 5
falsely depicts the person with his or her intimate parts exposed or engaged in sexual 6
activity; clarifying what constitutes a visual representation for a certain prohibition 7
against distributing a certain visual representation in a certain manner; authorizing 8
an individual to bring a civil action for revenge porn; and generally relating to 9
deepfake representations, defamation, and revenge porn. 10
BY adding to 11
Article – Courts and Judicial Proceedings 12
Section 3–505 13
Annotated Code of Maryland 14
(2020 Replacement Volume and 2024 Supplement) 15
BY repealing and reenacting, with amendments, 16
Article – Criminal Law 17
Section 3–809 18
Annotated Code of Maryland 19
(2021 Replacement Volume and 2024 Supplement) 20
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 21
That the Laws of Maryland read as follows: 22
Article – Courts and Judicial Proceedings 23
3–505. 24
2 HOUSE BILL 663
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANI NGS 1
INDICATED. 2
(2) “DISTRIBUTE” HAS THE MEANING STAT ED IN § 3–809 OF THE 3
CRIMINAL LAW ARTICLE. 4
(3) (I) “INDISTINGUISHABLE FRO M AN ACTUAL VISUAL 5
REPRESENTATION OF TH E PERSON” MEANS THAT AN ORDINA RY PERSON WOULD 6
CONCLUDE THAT THE VI SUAL REPRESENTATION IS AN ACTUAL VISUAL 7
REPRESENTATION OF TH E PERSON. 8
(II) “INDISTINGUISHABLE FRO M AN ACTUAL VISUAL 9
REPRESENTATION OF TH E PERSON” INCLUDES A COMPUTER –GENERATED VISUAL 10
REPRESENTATION THAT HAS BEEN CREATED , ADAPTED, OR MODIFIED TO APPEA R 11
GENUINE. 12
(III) “INDISTINGUISHABLE FRO M AN ACTUAL VISUAL 13
REPRESENTATION OF TH E PERSON” DOES NOT INCLUDE IMA GES OR ITEMS 14
DEPICTING A PERSON T HAT ARE: 15
1. DRAWINGS; 16
2. CARTOONS; 17
3. SCULPTURES; OR 18
4. PAINTINGS. 19
(4) “INTIMATE PARTS ” HAS THE MEANING STAT ED IN § 3–809 OF THE 20
CRIMINAL LAW ARTICLE. 21
(5) “SEXUAL ACTIVITY” HAS THE MEANING STAT ED IN § 3–809 OF THE 22
CRIMINAL LAW ARTICLE. 23
(B) A PERSON MAY BRING AND MAINTAIN A CIVIL ACT ION FOR DEFAMATION 24
PER SE AGAINST ANOTH ER PERSON WHO DISTRIBUTES A COMPUTER –GENERATED 25
VISUAL REPRESENTATIO N THAT IS INDISTINGU ISHABLE FROM AN ACTU AL VISUAL 26
REPRESENTATION OF TH E PERSON AND FALSELY DEPICTS THE PERSON W ITH HIS OR 27
HER INTIMATE PARTS E XPOSED OR ENGAGED IN SEXUAL ACTIVITY . 28
(C) THE COURT MAY AWARD A PREVAILING PLAINTIFF IN AN ACTION UNDER 29
THIS SECTION: 30
(1) PUNITIVE DAMAGES ; 31 HOUSE BILL 663 3
(2) ATTORNEY’S FEES; AND 1
(3) INJUNCTIVE RELIEF FROM ALL PARTIES INVOLVED IN THE 2
VIOLATION OF THIS SE CTION. 3
Article – Criminal Law 4
3–809. 5
(a) (1) In this section the following words have the meanings indicated. 6
(2) “Distribute” means to give, sell, transfer, disseminate, publish, upload, 7
circulate, broadcast, make available, allow access to, or engage in any other form of 8
transmission, electronic or otherwise. 9
(3) “Harm” means: 10
(i) physical injury; 11
(ii) serious emotional distress; or 12
(iii) economic damages. 13
(4) “Intimate parts” means the naked genitals, pubic area, buttocks, or 14
female nipple. 15
(5) “Sexual activity” means: 16
(i) sexual intercourse, including genital–genital, oral–genital, 17
anal–genital, or oral–anal; 18
(ii) masturbation; or 19
(iii) sadomasochistic abuse. 20
(6) “VISUAL REPRESENTATION ” INCLUDES A PHOTOGRAP H, A FILM, 21
A VIDEO, A DIGITAL IMAGE , A PICTURE, OR A COMPUTER –GENERATED IMAGE OR 22
PICTURE, WHETHER MADE OR PROD UCED BY ELECTRONIC , MECHANICAL , OR OTHER 23
MEANS. 24
(b) (1) This sections does not apply to: 25
(i) lawful and common practices of law enforcement, the reporting 26
of unlawful conduct, or legal proceedings; or 27
4 HOUSE BILL 663
(ii) situations involving voluntary exposure in public or commercial 1
settings. 2
(2) An interactive computer service, as defined in 47 U.S.C. § 230(f)(2), is 3
not liable under this section for content provided by another person. 4
(c) A person may not knowingly distribute a visual representation of another 5
identifiable person that displays the other person with his or her intimate parts exposed or 6
while engaged in an act of sexual activity: 7
(1) with the intent to harm, harass, intimidate, threaten, or coerce the 8
other person; 9
(2) (i) under circumstances in which the person knew that the other 10
person did not consent to the distribution; or 11
(ii) with reckless disregard as to whether the person consented to the 12
distribution; and 13
(3) under circumstances in which the other person had a reasonable 14
expectation that the image would remain private. 15
(d) A person who violates this section is guilty of a misdemeanor and on conviction 16
is subject to imprisonment net exceeding 2 years or a fine not exceeding $5,000 or both. 17
(e) A person who violates this section is subject to § 5–106(b) of the Courts Article. 18
(f) (1) A PERSON WHOSE VISUAL REPRESE NTATION WAS DISTRIBU TED 19
IN VIOLATION OF THIS SECTION HAS A CIVIL CAUSE OF ACTION AGAI NST ANY PERSON 20
WHO DISTRIBUTED THE VISUAL REPRESENTATIO N. 21
(2) IN AN ACTION UNDER TH IS SUBSECTION, THE COURT MAY AWARD 22
ACTUAL DAMAGES AND R EASONABLE ATTORNEY’S FEES. 23
(G) A visual representation of a victim that is part of a court record for a case 24
arising [from a prosecution] under this section: 25
(1) subject to item (2) of this subsection, may not be made available for 26
public inspection; and 27
(2) except as otherwise ordered by the court, may only be made available 28
for inspection in relation to a criminal charge OR CIVIL ACTION under this section to: 29
(i) court personnel; 30
(ii) a jury in a criminal case brought under this section; 31 HOUSE BILL 663 5
(iii) the State’s Attorney or the State’s Attorney’s designee; 1
(iv) the Attorney General or the Attorney General’s designee; 2
(v) a law enforcement officer; 3
(vi) THE PLAINTIFF OR THE PLAINTIFF’S ATTORNEY; 4
(VII) the defendant or the defendant’s attorney; or 5
[(vii)] (VIII) the victim or the victim’s attorney. 6
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 7
October 1, 2025. 8