Maryland 2025 Regular Session

Maryland Senate Bill SB905 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	sb0905
6	6
7	7	SENATE BILL 905
8	8	E1 5lr3232
9	9	CF 5lr3290
10	10	By: Senator Hester
11	11	Introduced and read first time: January 28, 2025
12	12	Assigned to: Judicial Proceedings
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Criminal Law – Identity Fraud – Artificial Intelligence and Deepfake 2
19	19	Representations 3
20	20
21	21	FOR the purpose of prohibiting a person from utilizing certain personal identifying 4
22	22	information or engaging in certain conduct in order to cause certain harm; 5
23	23	prohibiting a person from using certain artificial intelligence or certain deepfake 6
24	24	representations for certain purposes; providing that a person who is the victim of 7
25	25	certain conduct may bring a civil action against a certain person; and generally 8
26	26	relating to identity fraud and artificial intelligence and deepfake representations. 9
27	27
28	28	BY repealing and reenacting, with amendments, 10
29	29	Article – Criminal Law 11
30	30	Section 8–301 12
31	31	Annotated Code of Maryland 13
32	32	(2021 Replacement Volume and 2024 Supplement) 14
33	33
34	34	BY repealing and reenacting, without amendments, 15
35	35	Article – State Finance and Procurement 16
36	36	Section 3.5–801(a) and (c) 17
37	37	Annotated Code of Maryland 18
38	38	(2021 Replacement Volume and 2024 Supplement) 19
39	39
40	40	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20
41	41	That the Laws of Maryland read as follows: 21
42	42
43	43	Article – Criminal Law 22
44	44
45	45	8–301. 23
46	46
47	47	(a) (1) In this section the following words have the meanings indicated. 24
48	48	2 SENATE BILL 905
49	49
50	50
51	51	(2) “ARTIFICIAL INTELLIGEN CE” HAS THE MEANING STAT ED IN § 1
52	52	3.5–801 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 2
53	53
54	54	(3) (I) “DEEPFAKE REPRESENTATION ” MEANS A PHOTOGRAPH , A 3
55	55	FILM, A VIDEO, AN AUDIO RECORDING , A DIGITAL IMAGE , A PICTURE, OR A 4
56	56	COMPUTER OR COMPUTER –GENERATED IMAGE OR P ICTURE, WHETHER MADE , 5
57	57	PRODUCED, OR GENERATED BY ELEC TRONIC, MECHANICAL , OR OTHER MEANS , 6
58	58	THAT IS INDISTINGUIS HABLE FROM AN ACTUAL AND IDENTIFIABLE HUM AN BEING. 7
59	59
60	60	(II) “DEEPFAKE REP RESENTATION ” DOES NOT INCLUDE 8
61	61	IMAGES OR ITEMS DEPI CTING HUMAN BEINGS T HAT ARE: 9
62	62
63	63	1. DRAWINGS; 10
64	64
65	65	2. CARTOONS; 11
66	66
67	67	3. SCULPTURES; OR 12
68	68
69	69	4. PAINTINGS. 13
70	70
71	71	(4) “HARM” MEANS: 14
72	72
73	73	(I) PHYSICAL INJURY ; 15
74	74
75	75	(II) SERIOUS EMOTIONAL DI STRESS; OR 16
76	76
77	77	(III) ECONOMIC DAMAGES . 17
78	78
79	79	[(2)] (5) “Health care” means care, services, or supplies related to the 18
80	80	health of an individual that includes the following: 19
81	81
82	82	(i) preventative, diagnostic, therapeutic, rehabilitative, 20
83	83	maintenance care, palliative care and counseling, service assessment, or procedure: 21
84	84
85	85	1. with respect to the physical or mental condition or 22
86	86	functional status of an individual; or 23
87	87
88	88	2. that affects the structure or function of the body; and 24
89	89
90	90	(ii) the sale or dispensing of a drug, device, equipment, or other item 25
91	91	in accordance with a prescription. 26
92	92
93	93	[(3)] (6) “Health information” means any information, whether oral or 27
94	94	recorded in any form or medium, that: 28
95	95	SENATE BILL 905 3
96	96
97	97
98	98	(i) is created or received by: 1
99	99
100	100	1. a health care provider; 2
101	101
102	102	2. a health care carrier; 3
103	103
104	104	3. a public health authority; 4
105	105
106	106	4. an employer; 5
107	107
108	108	5. a life insurer; 6
109	109
110	110	6. a school or university; or 7
111	111
112	112	7. a health care clearinghouse; and 8
113	113
114	114	(ii) relates to the: 9
115	115
116	116	1. past, present, or future physical or mental health or 10
117	117	condition of an individual; 11
118	118
119	119	2. provision of health care to an individual; or 12
120	120
121	121	3. past, present, or future payment for the provision of health 13
122	122	care to an individual. 14
123	123
124	124	(7) (I) “INDISTINGUISHABLE FRO M AN ACTUAL AND IDEN TIFIABLE 15
125	125	HUMAN BEING ” MEANS AN IM AGE AN ORDINARY PERS ON WOULD CONCLUDE IS OF 16
126	126	AN ACTUAL AND IDENTI FIABLE HUMAN BEING . 17
127	127
128	128	(II) “INDISTINGUISHABLE FRO M AN ACTUAL AND IDEN TIFIABLE 18
129	129	HUMAN BEING ” INCLUDES AN IMAGE TH AT IS COMPUTER –GENERATED AND HAS 19
130	130	BEEN CREATED , ADAPTED, OR MODIFIED TO APPEA R AS AN ACTUAL AND 20
131	131	IDENTIFIABLE HUMAN B EING. 21
132	132
133	133	[(4)] (8) “Interactive computer service” means an information service, 22
134	134	system, or access software provider that provides or enables computer access by multiple 23
135	135	users to a computer server, including a system that provides access to the Internet and 24
136	136	cellular phones. 25
137	137
138	138	[(5)] (9) “Payment device number” has the meaning stated in § 8–213 of 26
139	139	this title. 27
140	140
141	141	[(6)] (10) (i) “Personal identifying information” includes a name, 28
142	142	address, telephone number, driver’s license number, Social Security number, place of 29
143	143	employment, employee identification number, health insurance identification number, 30 4 SENATE BILL 905
144	144
145	145
146	146	medical identification number, mother’s maiden name, bank or other financial institution 1
147	147	account number, date of birth, personal identification number, unique biometric data, 2
148	148	including fingerprint, voice print, retina or iris image or other unique physical 3
149	149	representation, digital signature, credit card number, or other payment device number. 4
150	150
151	151	(ii) “Personal identifying information” may be derived from any 5
152	152	element in subparagraph (i) of this paragraph, alone or in conjunction with any other 6
153	153	information to identify a specific natural or fictitious individual. 7
154	154
155	155	[(7)] (11) “Re–encoder” means an electronic device that places encoded 8
156	156	personal identifying information or a payment device number from the magnetic strip or 9
157	157	stripe of a credit card onto the magnetic strip or stripe of a different credit card or any 10
158	158	electronic medium that allows such a transaction to occur. 11
159	159
160	160	[(8)] (12) “Skimming device” means a scanner, skimmer, reader, or any 12
161	161	other electronic device that is used to access, read, scan, obtain, memorize, or store, 13
162	162	temporarily or permanently, personal identifying information or a payment device number 14
163	163	encoded on the magnetic strip or stripe of a credit card. 15
164	164
165	165	(b) A person may not knowingly, willfully, and with fraudulent intent possess, 16
166	166	obtain, or help another to possess or obtain any personal identifying information of an 17
167	167	individual, without the consent of the individual, in order to use, sell, or transfer the 18
168	168	information to get a benefit, credit, good, service, or other thing of value or to access health 19
169	169	information or health care. 20
170	170
171	171	(b–1) A person may not maliciously use an interactive computer service to disclose 21
172	172	or assist another person to disclose the driver’s license number, bank or other financial 22
173	173	institution account number, credit card number, payment device number, Social Security 23
174	174	number, or employee identification number of an individual, without the consent of the 24
175	175	individual, in order to annoy, threaten, embarrass, or harass the individual. 25
176	176
177	177	(B–2) A PERSON MAY NOT KNOWI NGLY, WILLFULLY, AND WITH FRAUDULENT 26
178	178	INTENT UTILIZE THE P ERSONAL IDENTIFYING INFORMATION OF AN INDIVIDUAL , 27
179	179	WITHOUT THE CONSENT OF THE INDIVIDUAL , IN ORDER TO CAUSE HARM . 28
180	180
181	181	(c) A person may not knowingly and willfully assume the identity of another, 29
182	182	including a fictitious person: 30
183	183
184	184	(1) to avoid identification, apprehension, or prosecution for a crime; or 31
185	185
186	186	(2) with fraudulent intent to: 32
187	187
188	188	(i) get a benefit, credit, good, service, or other thing of value; 33
189	189
190	190	(ii) access health information or health care; [or] 34
191	191	SENATE BILL 905 5
192	192
193	193
194	194	(iii) avoid the payment of debt or other legal obligation; OR 1
195	195
196	196	(IV) HARM, HARASS, INTIMIDATE, THREATEN, OR COERCE THE 2
197	197	OTHER PERSON. 3
198	198
199	199	(d) A person may not knowingly, willfully, and with fraudulent intent to obtain a 4
200	200	benefit, credit, good, service, or other thing of value or to access health information or health 5
201	201	care, use: 6
202	202
203	203	(1) a re–encoder to place information encoded on the magnetic strip or 7
204	204	stripe of a credit card onto the magnetic strip or stripe of a different credit card or use any 8
205	205	other electronic medium that allows such a transaction to occur without the consent of the 9
206	206	individual authorized to use the credit card from which the personal identifying 10
207	207	information or payment device number is being re–encoded; or 11
208	208
209	209	(2) a skimming device to access, read, scan, obtain, memorize, or store 12
210	210	personal identifying information or a payment device number on the magnetic strip or 13
211	211	stripe of a credit card without the consent of the individual authorized to use the credit 14
212	212	card. 15
213	213
214	214	(e) A person may not knowingly, willfully, and with fraudulent intent possess, 16
215	215	obtain, or help another possess or obtain a re–encoder device or a skimming device for the 17
216	216	unauthorized use, sale, or transfer of personal identifying information or a payment device 18
217	217	number. 19
218	218
219	219	(f) (1) A person may not knowingly and willfully claim to represent another 20
220	220	person without the knowledge and consent of that person, with the intent to solicit, request, 21
221	221	or take any other action to otherwise induce another person to provide personal identifying 22
222	222	information or a payment device number. 23
223	223
224	224	(2) A PERSON MAY NOT KNOWI NGLY, WILLFULLY, AND WITH 24
225	225	FRAUDULENT INTENT US E ARTIFICIAL INTELLI GENCE OR A DEEPFAKE 25
226	226	REPRESENTATION TO: 26
227	227
228	228	(I) IMPERSONATE , FALSELY DEPICT , OR CLAIM TO REPRESEN T 27
229	229	ANOTHER PERSON WITH THE INTE NT TO DEFRAUD , MISLEAD, OR CAUSE HARM TO 28
230	230	THAT PERSON OR ANY OTHER PERSON; OR 29
231	231
232	232	(II) CREATE OR DISTRIBUTE FALSE RECORDS WITH THE INT ENT 30
233	233	TO: 31
234	234
235	235	1. CAUSE HARM TO ANOTHE R PERSON; 32
236	236
237	237	2. INDUCE ANOTHER PERSO N TO PROVIDE PERSONA L 33
238	238	IDENTIFYING INFORMAT ION; OR 34 6 SENATE BILL 905
239	239
240	240
241	241
242	242	3. OBTAIN A BENEFIT , CREDIT, GOOD, SERVICE, OR 1
243	243	OTHER THING OF VALUE . 2
244	244
245	245	(g) (1) (i) A person who violates this section where the benefit, credit, good, 3
246	246	service, health information or health care, or other thing of value that is the subject of 4
247	247	subsection (b), (c), or (d) of this section has a value of at least $1,500 but less than $25,000 5
248	248	is guilty of a felony and on conviction is subject to imprisonment not exceeding 5 years or a 6
249	249	fine not exceeding $10,000 or both. 7
250	250
251	251	(ii) A person who violates this section where the benefit, credit, good, 8
252	252	service, or other thing of value that is the subject of subsection (b), (c), or (d) of this section 9
253	253	has a value of at least $25,000 but less than $100,000 is guilty of a felony and on conviction 10
254	254	is subject to imprisonment not exceeding 10 years or a fine not exceeding $15,000 or both. 11
255	255
256	256	(iii) A person who violates this section where the benefit, credit, good, 12
257	257	service, or other thing of value that is the subject of subsection (b), (c), or (d) of this section 13
258	258	has a value of $100,000 or more is guilty of a felony and on conviction is subject to 14
259	259	imprisonment not exceeding 20 years or a fine not exceeding $25,000 or both. 15
260	260
261	261	(2) A person who violates this section where the benefit, credit, good, 16
262	262	service, health information or health care, or other thing of value that is the subject of 17
263	263	subsection (b), (c), or (d) of this section has a value of at least $100 but less than $1,500 is 18
264	264	guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year 19
265	265	or a fine not exceeding $500 or both. 20
266	266
267	267	(3) A person who violates this section under circumstances that reasonably 21
268	268	indicate that the person’s intent was to manufacture, distribute, or dispense another 22
269	269	individual’s personal identifying information without that individual’s consent is guilty of 23
270	270	a felony and on conviction is subject to imprisonment not exceeding 10 years or a fine not 24
271	271	exceeding $25,000 or both. 25
272	272
273	273	(4) A person who violates subsection (b–1), (c)(1), (e), or [(f)] (F)(1) of this 26
274	274	section is guilty of a misdemeanor and on conviction is subject to imprisonment not 27
275	275	exceeding 1 year or a fine not exceeding $500 or both. 28
276	276
277	277	(5) (I) A PERSON WHO VIOLATES SUBSECTION (F)(2) OF THIS 29
278	278	SECTION INVOLVING ONE VICTIM IS GUILTY OF A FELON Y AND ON CONVICTION IS 30
279	279	SUBJECT TO IMPRISONM ENT NOT EXCEEDING 5 YEARS OR A FINE NOT EXCEEDING 31
280	280	$10,000 OR BOTH. 32
281	281
282	282	(II) A PERSON WHO VIOLATES SUBSECTION (F)(2) OF THIS 33
283	283	SECTION INVOLVING TWO OR MORE VICTIMS IS GUILTY OF A FELON Y AND ON 34
284	284	CONVICTION IS SUBJEC T TO IMPRISONMENT NO T EXCEEDING 10 YEARS OR A FINE 35
285	285	NOT EXCEEDING $15,000 OR BOTH. 36
286	286	SENATE BILL 905 7
287	287
288	288
289	289	[(5)] (6) When the violation of this section is pursuant to one scheme or 1
290	290	continuing course of conduct, whether from the same or several sources, the conduct may 2
291	291	be considered as one violation and the value of the benefit, credit, good, service, or other 3
292	292	thing of value may be aggregated in determining whether the violation is a felony or 4
293	293	misdemeanor. 5
294	294
295	295	(H) (1) A PERSON WHO IS THE VI CTIM OF AN ACT THAT WOULD 6
296	296	CONSTITUTE A VIOLATI ON OF SUBSECTION (F)(2) OF THIS SECTION MAY BRING A 7
297	297	CIVIL ACTION AGAINST THE PERSON O R PERSONS WHO COMMIT TED THE ACT IN A 8
298	298	COURT OF COMPETENT J URISDICTION. 9
299	299
300	300	(2) THE COURT MAY : 10
301	301
302	302	(I) ISSUE AN INJUNCTION TO PREVENT OR RESTRA IN AN ACT 11
303	303	THAT WOULD CONSTITUT E A VIOLATION OF SUB SECTION (F)(2) OF THIS SECTION ; 12
304	304	AND 13
305	305
306	306	(II) GRANT ANY OTHER APPR OPRIATE RELIEF. 14
307	307
308	308	[(h)] (I) A person described in subsection (g)(2) or (4) of this section is subject to 15
309	309	§ 5–106(b) of the Courts Article. 16
310	310
311	311	[(i)] (J) In addition to restitution under Title 11, Subtitle 6 of the Criminal 17
312	312	Procedure Article, a court may order a person who pleads guilty or nolo contendere or who 18
313	313	is found guilty under this section to make restitution to the victim for reasonable costs, 19
314	314	including reasonable attorney’s fees, incurred: 20
315	315
316	316	(1) for clearing the victim’s credit history or credit rating; 21
317	317
318	318	(2) for clearing the victim’s record or history related to health information 22
319	319	or health care; and 23
320	320
321	321	(3) in connection with a civil or administrative proceeding to satisfy a debt, 24
322	322	lien, judgment, or other obligation of the victim that arose because of the violation. 25
323	323
324	324	[(j)] (K) A sentence under this section may be imposed separate from and 26
325	325	consecutive to or concurrent with a sentence for any crime based on the act or acts 27
326	326	establishing the violation of this section. 28
327	327
328	328	[(k)] (L) Notwithstanding any other law, the Department of State Police may 29
329	329	initiate investigations and enforce this section throughout the State without regard to any 30
330	330	limitation otherwise applicable to the Department’s activities in a municipal corporation or 31
331	331	other political subdivision. 32
332	332	8 SENATE BILL 905
333	333
334	334
335	335	[(l)] (M) (1) Notwithstanding any other law, a law enforcement officer of the 1
336	336	Maryland Transportation Authority Police, the Maryland Port Administration Police, the 2
337	337	Park Police of the Maryland–National Capital Park and Planning Commission, or a 3
338	338	municipal corporation or county may investigate violations of this section throughout the 4
339	339	State without any limitation as to jurisdiction and to the same extent as a law enforcement 5
340	340	officer of the Department of State Police. 6
341	341
342	342	(2) The authority granted in paragraph (1) of this subsection may be 7
343	343	exercised only in accordance with regulations that the Department of State Police adopts. 8
344	344
345	345	(3) The regulations are not subject to Title 10, Subtitle 1 of the State 9
346	346	Government Article. 10
347	347
348	348	(4) The authority granted in paragraph (1) of this subsection may be 11
349	349	exercised only if an act related to the crime was committed in the investigating law 12
350	350	enforcement agency’s jurisdiction or if the complaining witness resides in the investigating 13
351	351	law enforcement agency’s jurisdiction. 14
352	352
353	353	[(m)] (N) If action is taken under the authority granted in subsection [(l)] (M) of 15
354	354	this section, notification of an investigation: 16
355	355
356	356	(1) in a municipal corporation, shall be made to the chief of police or 17
357	357	designee of the chief of police; 18
358	358
359	359	(2) in a county that has a county police department, shall be made to the 19
360	360	chief of police or designee of the chief of police; 20
361	361
362	362	(3) in a county without a police department, shall be made to the sheriff or 21
363	363	designee of the sheriff; 22
364	364
365	365	(4) in Baltimore City, shall be made to the Police Commissioner or the 23
366	366	Police Commissioner’s designee; 24
367	367
368	368	(5) on property owned, leased, or operated by or under the control of the 25
369	369	Maryland Transportation Authority, the Maryland Aviation Administration, or the 26
370	370	Maryland Port Administration, shall be made to the respective chief of police or the chief’s 27
371	371	designee; and 28
372	372
373	373	(6) on property owned, leased, or operated by or under the control of the 29
374	374	Maryland–National Capital Park and Planning Commission, to the chief of police of the 30
375	375	Maryland–National Capital Park and Planning Commission for the county in which the 31
376	376	property is located. 32
377	377
378	378	[(n)] (O) When acting under the authority granted in subsection [(k)] (L) or [(l)] 33
379	379	(M) of this section, a law enforcement officer: 34
380	380	SENATE BILL 905 9
381	381
382	382
383	383	(1) in addition to any other immunities and exemptions to which the officer 1
384	384	may be entitled, has the immunities from liability and exemptions accorded to a law 2
385	385	enforcement officer of the Department of State Police; but 3
386	386
387	387	(2) remains an employee of the officer’s employing agency. 4
388	388
389	389	[(o)] (P) (1) A State’s Attorney or the Attorney General may investigate and 5
390	390	prosecute a violation of this section or a violation of any crime based on the act establishing 6
391	391	a violation of this section. 7
392	392
393	393	(2) If the Attorney General exercises authority under paragraph (1) of this 8
394	394	subsection, the Attorney General has all the powers and duties of a State’s Attorney, 9
395	395	including the use of a grand jury in any county or Baltimore City, to investigate and 10
396	396	prosecute the violation. 11
397	397
398	398	[(p)] (Q) Notwithstanding any other provision of law, the prosecution of a 12
399	399	violation of this section or for a violation of any crime based on the act establishing a 13
400	400	violation of this section may be commenced in any county in which: 14
401	401
402	402	(1) an element of the crime occurred; or 15
403	403
404	404	(2) the victim resides. 16
405	405
406	406	Article – State Finance and Procurement 17
407	407
408	408	3.5–801. 18
409	409
410	410	(a) In this subtitle the following words have the meanings indicated. 19
411	411
412	412	(c) “Artificial intelligence” means a machine–based system that: 20
413	413
414	414	(1) can, for a given set of human–defined objectives, make predictions, 21
415	415	recommendations, or decisions influencing real or virtual environments; 22
416	416
417	417	(2) uses machine and human–based inputs to perceive real and virtual 23
418	418	environments and abstracts those perceptions into models through analysis in an 24
419	419	automated manner; and 25
420	420
421	421	(3) uses model inference to formulate options for information or action. 26
422	422
423	423	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 27
424	424	October 1, 2025. 28