EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
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SENATE BILL 362
E1 5lr1240
CF 5lr3287
By: Senators Hester and Hettleman
Introduced and read first time: January 17, 2025
Assigned to: Judicial Proceedings
A BILL ENTITLED
AN ACT concerning 1
Forged Digital Likenesses – Distribution – Prohibition 2
FOR the purpose of providing that the distribution of a certain forged digital likeness to 3
another constitutes a statement or communication for the purpose of an action for 4
defamation; prohibiting a person from knowingly distributing a certain forged digital 5
likeness under certain circumstances; and generally relating to forged digital 6
likenesses. 7
BY adding to 8
Article – Courts and Judicial Proceedings 9
Section 3–505 10
Annotated Code of Maryland 11
(2020 Replacement Volume and 2024 Supplement) 12
BY adding to 13
Article – Criminal Law 14
Section 8–906 15
Annotated Code of Maryland 16
(2021 Replacement Volume and 2024 Supplement) 17
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18
That the Laws of Maryland read as follows: 19
Article – Courts and Judicial Proceedings 20
3–505. 21
(A) IN THIS SECTION , “FORGED DIGITAL LIKEN ESS” HAS THE MEANING 22
STATED IN § 8–906 OF THE CRIMINAL LAW ARTICLE. 23
2 SENATE BILL 362
(B) THE DISTRIBUTION OF A FO RGED DIGITAL LIKENES S TO ANOTHER 1
CONSTITUTES A STATEM ENT OR COMMU NICATION FOR THE PUR POSE OF AN ACTION 2
FOR DEFAMATION . 3
Article – Criminal Law 4
8–906. 5
(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS 6
INDICATED. 7
(2) “FORGED DIGITAL LIKENE SS” MEANS A COMPUTER–GENERATED 8
VISUAL REPRESENTATION OF AN ACTUAL AND IDENTIFIABLE INDIVID UAL OR AUDIO 9
RECORDING OF AN ACTUAL AND IDE NTIFIABLE INDIVIDUAL ’S VOICE THAT: 10
(I) HAS BEEN CREATED , ADAPTED, OR MODIFIED TO BE 11
INDISTINGUISHABLE FR OM A GENUINE VISUAL REP RESENTATION OR AUDIO 12
RECORDING OF THE INDIVIDUAL ; 13
(II) MISREPRESENTS THE AP PEARANCE, SPEECH, OR BEHAVIOR 14
OF THE INDIVIDUAL ; AND 15
(III) IS LIKELY TO DECEIVE A REASONABLE PERSON TO BELIEVE 16
THAT THE VISUAL RE PRESENTATION OR AUDI O RECORDING IS GENUI NE. 17
(3) “VISUAL REPRESENTATION ” INCLUDES A P ICTORIAL OR MOTION 18
PICTURE REPRESENTATI ON, REGARDLESS OF THE ME DIA USED. 19
(B) THIS SECTION DOES NOT APPLY TO THE DISTRIB UTION OF: 20
(1) A DRAWING; 21
(2) A CARTOON; 22
(3) A SCULPTURE; OR 23
(4) A PAINTING. 24
(C) A PERSON MAY NOT KNOWINGLY DISTRIBUTE A FORGED DIGITAL 25
LIKENESS IF THE PERSON: 26
(1) DISTRIBUTES THE FORG ED DIGITAL LIKENESS AS GENUINE; AND 27
SENATE BILL 362 3
(2) KNOWS OR REASONABLY SHOULD KNOW THE FORG ED DIGITAL 1
LIKENESS IS NOT A GENUINE VIS UAL REPRESENTATION O R AUDIO RECORDING . 2
(D) A PERSON WHO VIOLATES THIS SECTION IS GUIL TY OF A MISDEMEANOR 3
AND ON CONVICTION IS SUBJECT TO IMPRISONM ENT NOT EXCEEDING 3 YEARS OR A 4
FINE NOT EXCEEDING $1,000 OR BOTH. 5
(E) IT IS AN AFFIRMATIVE DEFENSE TO A PROSECU TION UNDER THIS 6
SECTION THAT THE DEF ENDANT TOOK REASONAB LE ACTION TO PLACE VIEWERS OR 7
LISTENERS OF THE FOR GED DIGITAL LIKENESS ON NOTICE THAT THE FORGED 8
DIGITAL LIKENESS WAS NOT GENUINE. 9
(F) THIS SECTION MAY NOT BE CONSTRUED IN A MANNER THAT INF RINGES 10
ON THE RIGHT TO FREE SPEECH OR OF THE PRE SS AS GUARANTEED BY THE FIRST 11
AMENDMENT OF THE UNITED STATES CONSTITUTION OR THE MARYLAND 12
DECLARATION OF RIGHTS. 13
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall tak e effect 14
October 1, 2025. 15