EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0803*
HOUSE BILL 803
E1 5lr2677
HB 145/24 – JUD
By: Delegates Pippy, Bouchat, Buckel, Lopez, Simpson, Tomlinson, and Valentine
Introduced and read first time: January 29, 2025
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Criminal Law – Revenge Porn – Computer–Generated Visual Representation 2
FOR the purpose of prohibiting a person from knowingly distributing a certain 3
computer–generated visual representation of another under certain circumstances; 4
and generally relating to computer–generated visual representations and revenge 5
porn. 6
BY repealing and reenacting, with amendments, 7
Article – Criminal Law 8
Section 3–809 9
Annotated Code of Maryland 10
(2021 Replacement Volume and 2024 Supplement) 11
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12
That the Laws of Maryland read as follows: 13
Article – Criminal Law 14
3–809. 15
(a) (1) In this section the following words have the meanings indicated. 16
(2) “COMPUTER–GENERATED VISUAL REP RESENTATION ” INCLUDES: 17
(I) A VISUAL REPRESENTAT ION CREATED WITHOUT USING 18
OTHER EXISTING VISUA L REPRESENTATIONS OF A PERSON; AND 19
(II) A VISUAL REPRESENTAT ION CREATED USING OT HER 20
EXISTING VISUA L REPRESENTATIONS OF A PERSON WITHOUT THE PERSON’S 21
CONSENT. 22 2 HOUSE BILL 803
(3) “Distribute” means to give, sell, transfer, disseminate, publish, upload, 1
circulate, broadcast, make available, allow access to, or engage in any other form of 2
transmission, electronic or otherwise. 3
[(3)] (4) “Harm” means: 4
(i) physical injury; 5
(ii) serious emotional distress; or 6
(iii) economic damages. 7
(5) (I) “INDISTINGUISHABLE FRO M ANOTHER ACTUAL AND 8
IDENTIFIABLE PERSON ” MEANS THAT AN ORDINA RY PERSON WOULD CONC LUDE 9
THAT THE VISUAL REPRESENT ATION IS OF AN ACTUA L AND IDENTIFIABLE P ERSON. 10
(II) “INDISTINGUISHABLE FRO M ANOTHER ACTUAL AND 11
IDENTIFIABLE PERSON ” INCLUDES A COMPUTER –GENERATED VISUAL 12
REPRESENTATION THAT HAS BEEN CREATED , ADAPTED, OR MODIFIED TO APPEA R 13
AS AN ACTUAL AND IDENTIFIABLE PERSON. 14
(III) “INDISTINGUISHABLE FRO M ANOTHER ACTUAL AND 15
IDENTIFIABLE PERSON ” DOES NOT INCLUDE VIS UAL REPRESENTATIONS OR ITEMS 16
DEPICTING A PERSON T HAT ARE: 17
1. DRAWINGS; 18
2. CARTOONS; 19
3. SCULPTURES ; OR 20
4. PAINTINGS. 21
[(4)] (6) “Intimate parts” means the naked genitals, pubic area, buttocks, 22
or female nipple. 23
[(5)] (7) “Sexual activity” means: 24
(i) sexual intercourse, including genital–genital, oral–genital, 25
anal–genital, or oral–anal; 26
(ii) masturbation; or 27
(iii) sadomasochistic abuse. 28 HOUSE BILL 803 3
(b) (1) This section does not apply to: 1
(i) lawful and common practices of law enforcement, the reporting 2
of unlawful conduct, or legal proceedings; or 3
(ii) situations involving voluntary exposure in public or commercial 4
settings. 5
(2) An interactive computer service, as defined in 47 U.S.C. § 230(f)(2), is 6
not liable under this section for content provided by another person. 7
(c) (1) A person may not knowingly distribute a visual representation of 8
another identifiable person that displays the other person with his or her intimate parts 9
exposed or while engaged in an act of sexual activity: 10
[(1)] (I) with the intent to harm, harass, intimidate, threaten, or coerce 11
the other person; 12
[(2) (i)] (II) 1. under circumstances in which the person knew that 13
the other person did not consent to the distribution; or 14
[(ii)] 2. with reckless disregard as to whether the person 15
consented to the distribution; and 16
[(3)] (III) under circumstances in which the other person had a reasonable 17
expectation that the image would remain private. 18
(2) A PERSON MAY NOT KNOWI NGLY DISTRIBUTE A 19
COMPUTER –GENERATED VISUAL REP RESENTATION THAT IS INDISTINGUISHABLE 20
FROM ANOTHER ACTUAL AND IDENTIFIABLE PER SON THAT DISPLA YS THE OTHER 21
PERSON WITH HIS OR H ER INTIMATE PARTS EX POSED OR WHILE ENGAG ED IN AN ACT 22
OF SEXUAL ACTIVITY : 23
(I) WITH THE INTENT TO H ARM, HARASS, INTIMIDATE, 24
THREATEN, OR COERCE THE OTHER PERSON; AND 25
(II) 1. UNDER CIRCUMSTANCES IN WHICH THE PERSON 26
KNEW THAT THE OTHER PERSON DID NOT CONSE NT TO THE DISTRIBUTI ON; OR 27
2. WITH RECKLESS DISREG ARD AS TO WHETHER TH E 28
PERSON CONSENTED TO THE DISTRIBUTION . 29
(d) A person who violates this section is guilty of a misdemeanor and on conviction 30
is subject to imprisonment not exceeding 2 years or a fine not exceeding $5,000 or both. 31 4 HOUSE BILL 803
(e) A person who violates this section is subject to § 5–106(b) of the Courts Article. 1
(f) A visual representation AND A COMPUTER –GENERATED VISUAL 2
REPRESENTATION of a victim that is part of a court record for a case arising from a 3
prosecution under this section: 4
(1) subject to item (2) of this subsection, may not be made available for 5
public inspection; and 6
(2) except as otherwise ordered by the court, may only be made available 7
for inspection in relation to a criminal charge under this section to: 8
(i) court personnel; 9
(ii) a jury in a criminal case brought under this section; 10
(iii) the State’s Attorney or the State’s Attorney’s designee; 11
(iv) the Attorney General or the Attorney General’s designee; 12
(v) a law enforcement officer; 13
(vi) the defendant or the defendant’s attorney; or 14
(vii) the victim or the victim’s attorney. 15
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 16
October 1, 2025. 17