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.
Italics indicate opposite chamber/conference committee amendments.
*sb0360*
SENATE BILL 360
D3 (5lr0837)
ENROLLED BILL
— Judicial Proceedings/Judiciary —
Introduced by Senators Hester and Smith
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approval this
_______ day of _______________ at _________________ _______ o’clock, ________M.
______________________________________________
President.
CHAPTER ______
AN ACT concerning 1
Revenge Porn – Definition of Visual Representation and Civil Action and 2
Criminal Offense 3
FOR the purpose of authorizing a person to bring and maintain a civil action for defamation 4
under certain circumstances; prohibiting a person from knowingly distributing a 5
certain computer–generated visual representation of another under certain 6
circumstances defining the term “visual representation” as it relates to the crime of 7
revenge porn; authorizing a person to bring a certain civil action for revenge porn; 8
and generally relating to a civil action and criminal offense for revenge porn. 9
BY adding to 10
Article – Courts and Judicial Proceedings 11
Section 3–505 12
Annotated Code of Maryland 13
(2020 Replacement Volume and 2024 Supplement) 14 2 SENATE BILL 360
BY repealing and reenacting, with amendments, 1
Article – Criminal Law 2
Section 3–809 3
Annotated Code of Maryland 4
(2021 Replacement Volume and 2024 Supplement) 5
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 6
That the Laws of Maryland read as follows: 7
Article – Courts and Judicial Proceedings 8
3–505. 9
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 10
INDICATED. 11
(2) “COMPUTER–GENERATED VISUAL REP RESENTATION ” INCLUDES: 12
(I) A VISUAL REPRESENTATIO N CREATED WITHOUT US ING 13
OTHER EXISTING VISUA L REPRESENTATIONS OF A PERSON; AND 14
(II) A VISUAL REPRESENTATIO N CREATED USING OTHE R 15
EXISTING VISUAL REPRESENTATION S OF A PERSON WITHOU T THE PERSON ’S 16
CONSENT. 17
(3) “DISTRIBUTE” HAS THE MEANING STAT ED IN § 3–809 OF THE 18
CRIMINAL LAW ARTICLE. 19
(4) (I) “INDISTINGUISHABLE FRO M AN ACTUAL VISUAL 20
REPRESENTATION OF TH E PERSON” MEANS THAT AN ORDINA RY PERSON WOULD 21
CONCLUDE THAT THE VI SUAL REPRESENTATION IS AN ACTUAL VISUAL 22
REPRESENTATION OF TH E PERSON. 23
(II) “INDISTINGUISHABLE FRO M AN ACTUAL VISUAL 24
REPRESENTATION OF TH E PERSON” INCLUDES A COMPUTER –GENERATED VISUAL 25
REPRESENTATION THAT HAS BEEN CREATED , ADAPTED, OR MODIFIED TO APPEA R 26
GENUINE. 27
(III) “INDISTINGUISHABLE FRO M AN ACTUAL VISUAL 28
REPRESENTATION OF TH E PERSON” DOES NOT INCLUDE IMA GES OR ITEMS 29
DEPICTING A PERSON T HAT ARE: 30
1. DRAWINGS; 31
SENATE BILL 360 3
2. CARTOONS; 1
3. SCULPTURES; OR 2
4. PAINTINGS. 3
(5) “INTIMATE PARTS ” HAS THE MEANING STAT ED IN § 3–809 OF THE 4
CRIMINAL LAW ARTICLE. 5
(6) “SEXUAL ACTIVITY” HAS THE MEANING STAT ED IN § 3–809 OF THE 6
CRIMINAL LAW ARTICLE. 7
(B) A PERSON MAY BRING AND MAINTAIN A CIVIL ACT ION FOR DEFAMATION 8
PER SE AGAINST ANOTHER WHO DISTRIBUTES A CO MPUTER–GENERATED VISUAL 9
REPRESENTATION THAT IS INDISTINGUISHABLE FROM AN ACTUAL VISUA L 10
REPRESENTATION OF TH E PERSON AND FALSELY DEPICTS THE PERSON W ITH HIS OR 11
HER INTIMATE PARTS E XPOSED OR ENGAGED IN SEXUAL ACTIVITY . 12
(C) IN ADDITION TO OTHER RELIEF, THE COURT MAY AWARD REASONABLE 13
ATTORNEY’S FEES TO A PREVAILI NG PLAINTIFF. 14
Article – Criminal Law 15
3–809. 16
(a) (1) In this section the following words have the meanings indicated. 17
(2) “COMPUTER–GENERATED VISUAL REPRESENTATION ” INCLUDES: 18
(I) A VISUAL REPRESENTAT ION CREATED WITHOUT USING 19
OTHER EXISTING VISUA L REPRESENTATIONS OF A PERSON; AND 20
(II) A VISUAL REPRESENTAT ION CREATED USING OT HER 21
EXISTING VISUAL REPR ESENTATIONS OF A PER SON WITHOUT THE PERS ON’S 22
CONSENT. 23
(3) (2) “Distribute” means to give, sell, transfer, disseminate, publish, 24
upload, circulate, broadcast, make available, allow access to, or engage in any other form 25
of transmission, electronic or otherwise. 26
[(3)] (4) “Harm” means: 27
(i) physical injury; 28
(ii) serious emotional distress; or 29 4 SENATE BILL 360
(iii) economic damages. 1
(5) (I) “INDISTINGUISHABLE FRO M ANOTHER ACTUAL AND 2
IDENTIFIABLE PERSON ” MEANS THAT AN ORDINA RY PERSON WOULD CONC LUDE 3
THAT THE VISUAL REPR ESENTATION IS OF AN ACTUAL AND IDENTIFIABLE PERSON . 4
(II) “INDISTINGUISHABLE FRO M ANOTHER ACTUAL AND 5
IDENTIFIABLE PERSON ” INCLUDES A COMPUTER –GENERATED VISUAL 6
REPRESENTATION THAT HAS BEEN CREATED , ADAPTED, OR MODIFIED TO APPEA R 7
AS AN ACTUAL AND IDE NTIFIABLE PERSON . 8
(III) “INDISTINGUISHABLE FRO M ANOTHER ACTUAL AND 9
IDENTIFIABLE PERSON ” DOES NOT INCLUDE VIS UAL REPRESENTATIONS OR ITEMS 10
DEPICTING A PERSON T HAT ARE: 11
1. DRAWINGS; 12
2. CARTOONS; 13
3. SCULPTURES ; OR 14
4. PAINTINGS. 15
[(4)] (6) “Intimate parts” means the naked genitals, pubic area, buttocks, 16
or female nipple. 17
[(5)] (7) “Sexual activity” means: 18
(i) sexual intercourse, including genital–genital, oral–genital, 19
anal–genital, or oral–anal; 20
(ii) masturbation; or 21
(iii) sadomasochistic abuse. 22
(6) (I) “VISUAL REPRESENTATION ” OF AN IDENTIFIABLE P ERSON 23
MEANS: 24
1. AN UNALTERED IMAGE O F THE PERSON; OR 25
2. AN IMAGE CREATED WIT H OR WITHOUT USING O THER 26
EXISTING DEPICTIONS OF THE PERSON THAT I S INDISTINGUISHABLE FROM THE 27
PERSON, FROM THE PERSPECTIVE OF AN OR DINARY PERSON . 28
SENATE BILL 360 5
(II) “VISUAL REPRESENTATION ” INCLUDES A 1
COMPUTER–GENERATED IMAGE . 2
(III) “VISUAL REPRESENTATION ” DOES NOT INCLUDE AN IMAGE 3
OR DEPICTION THAT IS : 4
1. A DRAWING; 5
2. A CARTOON; 6
3. A SCULPTURE; OR 7
4. A PAINTING. 8
(b) (1) This section does not apply to: 9
(i) lawful and common practices of law enforcement, the reporting 10
of unlawful conduct, or legal proceedings; or 11
(ii) situations involving voluntary exposure in public or commercial 12
settings. 13
(2) An interactive computer service, as defined in 47 U.S.C. § 230(f)(2), is 14
not liable under this section for content provided by another person. 15
(c) (1) A person may not knowingly distribute a visual representation of 16
another identifiable person that displays the other person with his or her intimate parts 17
exposed or while engaged in an act of sexual activity: 18
[(1)] (I) with the intent to harm, harass, intimidate, threaten, or coerce 19
the other person; 20
[(2) (i)] (II) 1. under circumstances in which the person knew that 21
the other person did not consent to the distribution; or 22
[(ii)] 2. with reckless disregard as to whether the person 23
consented to the distribution; and 24
[(3)] (III) under circumstances in which the other person had a reasonable 25
expectation that the image would remain private. 26
(2) A PERSON MAY NOT KNOWI NGLY DISTRIBUTE A 27
COMPUTER –GENERATED VISUAL REP RESENTATION THAT IS INDISTINGUISHABLE 28
FROM ANOTHER ACTUAL AND IDENTIFIABLE PER SON THAT DISPLAYS TH E OTHER 29 6 SENATE BILL 360
PERSON WITH HIS OR H ER INTIMATE PARTS EX POSED OR WHILE ENGAG ED IN AN ACT 1
OF SEXUAL ACTIVITY : 2
(I) WITH THE INTENT TO H ARM, HARASS, INTIMIDATE, 3
THREATEN, OR COERCE THE OTHER PERSON ; AND 4
(II) 1. UNDER CIRCUMSTANCES IN WHICH THE PERSON 5
KNEW THAT THE OTHER PERSON DID NOT CONSE NT TO THE DISTRIBUTI ON; OR 6
2. WITH RECKLESS DISREG ARD AS TO WHETHER TH E 7
PERSON CONSENTED TO THE DISTRIBUTION . 8
(d) A person who violates this section is guilty of a misdemeanor and on conviction 9
is subject to imprisonment not exceeding 2 years or a fine not exceeding $5,000 or both. 10
(e) A person who violates this section is subject to § 5–106(b) of the Courts Article. 11
(f) (1) A PERSON WHOSE VISUAL REPRESE NTATION WAS DISTRIBU TED IN 12
VIOLATION OF THIS SE CTION HAS A CIVIL CA USE OF ACTION FOR DE FAMATION PER 13
SE OR INVASION OF PR IVACY AGAINST ANY PE RSON WHO DISTRIBUTED THE VISUAL 14
REPRESENTATION . 15
(2) IN ADDITION TO OTHER RELIEF, THE COURT MAY AWARD 16
REASONABLE ATTORNEY ’S FEES TO A PREVAILI NG PLAINTIFF UNDER T HIS 17
SUBSECTION. 18
(G) A visual representation AND A COMPUTER –GENERATED VISUAL 19
REPRESENTATION of a victim that is part of a court record for a case arising from a 20
prosecution under this section: 21
(1) subject to item (2) of this subsection, may not be made available for 22
public inspection; and 23
(2) except as otherwise ordered by the court, may only be made available 24
for inspection in relation to a criminal charge OR CIVIL ACTION under this section to: 25
(i) court personnel; 26
(ii) a jury in a criminal case brought under this section; 27
(iii) the State’s Attorney or the State’s Attorney’s designee; 28
(iv) the Attorney General or the Attorney General’s designee; 29
(v) a law enforcement officer; 30 SENATE BILL 360 7
(vi) THE PLAINTIFF OR THE PLAINTIFF’S ATTORNEY; 1
(VII) the defendant or the defendant’s attorney; or 2
(vii) (VIII) the victim or the victim’s attorney. 3
SECTION 2. AND BE IT FURTHER ENACTED, That, if any provision of this Act or 4
the application thereof to any person or circumstance is held invalid for any reason in a 5
court of competent jurisdiction, the invalidity does not affect other provisions or any other 6
application of this Act that can be given effect without the invalid provision or application, 7
and for this purpose the provisions of this Act are declared severable. 8
SECTION 3. 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 9
July 1, 2025. 10
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.