WHAT THIS BILL REGULATES · 1 REQUIREMENT TYPE
How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
(a)(1)–(3) In this section the following words have the meanings indicated. (2) "Computer–generated imageComputer–generated image"Computer–generated image" includes images created through the use of artificial intelligence software.Md. Code, Crim. Law § 11-208(a)(2)" includes images created through the use of artificial intelligence software. (3) (I) "Indistinguishable from an actual and identifiable childIndistinguishable from an actual and identifiable child"Indistinguishable from an actual and identifiable child" means an ordinary person would conclude that the image is of an actual and identifiable minor. "Indistinguishable from an actual and identifiable child" includes a computer–generated image that has been created, adapted, or modified to appear as an actual and identifiable child. "Indistinguishable from an actual and identifiable child" does not include images or items depicting minors that are: 1. drawings; 2. cartoons; 3. sculptures; or 4. paintings.Md. Code, Crim. Law § 11-208(a)(3)" means an ordinary person would conclude that the image is of an actual and identifiable minor. (II) "Indistinguishable from an actual and identifiable childIndistinguishable from an actual and identifiable child"Indistinguishable from an actual and identifiable child" means an ordinary person would conclude that the image is of an actual and identifiable minor. "Indistinguishable from an actual and identifiable child" includes a computer–generated image that has been created, adapted, or modified to appear as an actual and identifiable child. "Indistinguishable from an actual and identifiable child" does not include images or items depicting minors that are: 1. drawings; 2. cartoons; 3. sculptures; or 4. paintings.Md. Code, Crim. Law § 11-208(a)(3)" includes a computer–generated imageComputer–generated image"Computer–generated image" includes images created through the use of artificial intelligence software.Md. Code, Crim. Law § 11-208(a)(2) that has been created, adapted, or modified to appear as an actual and identifiable child. (III) "Indistinguishable from an actual and identifiable childIndistinguishable from an actual and identifiable child"Indistinguishable from an actual and identifiable child" means an ordinary person would conclude that the image is of an actual and identifiable minor. "Indistinguishable from an actual and identifiable child" includes a computer–generated image that has been created, adapted, or modified to appear as an actual and identifiable child. "Indistinguishable from an actual and identifiable child" does not include images or items depicting minors that are: 1. drawings; 2. cartoons; 3. sculptures; or 4. paintings.Md. Code, Crim. Law § 11-208(a)(3)" does not include images or items depicting minors that are: 1. drawings; 2. cartoons; 3. sculptures; or 4. paintings.
This section is the bill's core AI provision. It amends the existing definitions in § 11-208 to expressly state that computer-generated image includes images created through the use of artificial intelligence software. This clarification ensures that AI-generated imagery depicting child sexual abuse falls within the existing criminal prohibitions on possession and viewing of computer-generated images indistinguishable from actual children. The section also restructures the existing definition of indistinguishable from an actual and identifiable child without substantive change.
(b)(1)–(2) 1 A person may not knowingly possess and intentionally retain a film, videotape, photograph, or other visual representation showing an actual child or a computer–generated imageComputer–generated image"Computer–generated image" includes images created through the use of artificial intelligence software.Md. Code, Crim. Law § 11-208(a)(2) that is indistinguishable from an actual and identifiable childIndistinguishable from an actual and identifiable child"Indistinguishable from an actual and identifiable child" means an ordinary person would conclude that the image is of an actual and identifiable minor. "Indistinguishable from an actual and identifiable child" includes a computer–generated image that has been created, adapted, or modified to appear as an actual and identifiable child. "Indistinguishable from an actual and identifiable child" does not include images or items depicting minors that are: 1. drawings; 2. cartoons; 3. sculptures; or 4. paintings.Md. Code, Crim. Law § 11-208(a)(3) under the age of 16 years: (i) engaged as a subject of sadomasochistic abuse; (ii) engaged in sexual conduct; or (iii) in a state of sexual excitement. (2) A person may not knowingly or intentionally access and intentionally view a film, videotape, photograph, or other visual representation showing an actual child or a computer–generated imageComputer–generated image"Computer–generated image" includes images created through the use of artificial intelligence software.Md. Code, Crim. Law § 11-208(a)(2) that is indistinguishable from an actual and identifiable childIndistinguishable from an actual and identifiable child"Indistinguishable from an actual and identifiable child" means an ordinary person would conclude that the image is of an actual and identifiable minor. "Indistinguishable from an actual and identifiable child" includes a computer–generated image that has been created, adapted, or modified to appear as an actual and identifiable child. "Indistinguishable from an actual and identifiable child" does not include images or items depicting minors that are: 1. drawings; 2. cartoons; 3. sculptures; or 4. paintings.Md. Code, Crim. Law § 11-208(a)(3) under the age of 16 years: (i) engaged as a subject of sadomasochistic abuse; (ii) engaged in sexual conduct; or (iii) in a state of sexual excitement.
(c)(1)–(2) Except as provided in paragraph (2) of this subsection, a person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $2,500 or both. (2) A person who violates this section, having previously been convicted under this section, is guilty of a felony and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $10,000 or both.
(d)–(e) Nothing in this section may be construed to prohibit a parent from possessing visual representations of the parent's own child in the nude unless the visual representations show the child engaged: (1) as a subject of sadomasochistic abuse; or (2) in sexual conduct and in a state of sexual excitement. (e) It is an affirmative defense to a charge of violating this section that the person promptly and in good faith: (1) took reasonable steps to destroy each visual representation; or (2) reported the matter to a law enforcement agency.
Section 11-208(b) prohibits knowing possession and intentional viewing of visual representations — including AI-generated computer-generated images indistinguishable from an actual child under 16 — depicting a child engaged in sadomasochistic abuse, sexual conduct, or in a state of sexual excitement. The bill's amendment to subsection (a) means that images created through artificial intelligence software now fall squarely within this prohibition. Subsections (c) through (e) set criminal penalties and provide affirmative defenses and a parental exception.
(c)(2)(ii)1.F. F. Child sexual abuse materialChild sexual abuse material"Child sexual abuse material" means any electronic image or visual depiction that is unlawful under § 11–207 or § 11–208 of this subtitle.Md. Code, Crim. Law § 11-208.1(a)(2) under § 11–207, § 11–208, or § 11–208.1 of the Criminal Law Article;
This provision updates a cross-reference in the wiretap authorization statute from 'child pornography' to 'child sexual abuse material.' It makes no substantive change to the scope of wiretap authority — it simply ensures consistent terminology. The provision authorizes wiretap interceptions for investigations of child sexual abuse material offenses under §§ 11-207, 11-208, and 11-208.1 of the Criminal Law Article.
(a)(6) Child sexual abuse materialChild sexual abuse material"Child sexual abuse material" means any electronic image or visual depiction that is unlawful under § 11–207 or § 11–208 of this subtitle.Md. Code, Crim. Law § 11-208.1(a)(2) under § 11–207, § 11–208, or § 11–208.1 of the Criminal Law Article;
This provision updates a cross-reference in the wiretap application statute from 'child pornography' to 'child sexual abuse material.' No substantive change to enforcement authority; the amendment ensures uniform terminology across the code.
(g)(10) a violation of § 11–207 or § 11–208 of this article (child sexual abuse materialChild sexual abuse material"Child sexual abuse material" means any electronic image or visual depiction that is unlawful under § 11–207 or § 11–208 of this subtitle.Md. Code, Crim. Law § 11-208.1(a)(2));
This provision updates the definition of 'underlying crime' in the criminal gang statute to replace 'child pornography' with 'child sexual abuse material.' The amendment is purely terminological and does not alter the scope of the underlying-crime provision.
(a)(1)–(4) In this section the following words have the meanings indicated. (2) "Child sexual abuse materialChild sexual abuse material"Child sexual abuse material" means any electronic image or visual depiction that is unlawful under § 11–207 or § 11–208 of this subtitle.Md. Code, Crim. Law § 11-208.1(a)(2)" means any electronic image or visual depiction that is unlawful under § 11–207 or § 11–208 of this subtitle. (3) "Controlled or owned", with respect to a server or other storage device, means to be entirely owned by an interactive computer service providerInteractive computer service provider"Interactive computer service provider" means an entity that provides a service that provides or enables computer access via the Internet by multiple users to a computer server or similar device used for the storage of graphics, video, or images.Md. Code, Crim. Law § 11-208.1(a)(4) or to be subject to exclusive management by an interactive computer service providerInteractive computer service provider"Interactive computer service provider" means an entity that provides a service that provides or enables computer access via the Internet by multiple users to a computer server or similar device used for the storage of graphics, video, or images.Md. Code, Crim. Law § 11-208.1(a)(4) by agreement or otherwise. (4) "Interactive computer service providerInteractive computer service provider"Interactive computer service provider" means an entity that provides a service that provides or enables computer access via the Internet by multiple users to a computer server or similar device used for the storage of graphics, video, or images.Md. Code, Crim. Law § 11-208.1(a)(4)" means an entity that provides a service that provides or enables computer access via the Internet by multiple users to a computer server or similar device used for the storage of graphics, video, or images.
(b)–(k) An investigative or law enforcement officer who receives information that an item of alleged child sexual abuse materialChild sexual abuse material"Child sexual abuse material" means any electronic image or visual depiction that is unlawful under § 11–207 or § 11–208 of this subtitle.Md. Code, Crim. Law § 11-208.1(a)(2) resides on a server or other storage device controlled or owned by an interactive computer service providerInteractive computer service provider"Interactive computer service provider" means an entity that provides a service that provides or enables computer access via the Internet by multiple users to a computer server or similar device used for the storage of graphics, video, or images.Md. Code, Crim. Law § 11-208.1(a)(4) shall: (1) contact the interactive computer service providerInteractive computer service provider"Interactive computer service provider" means an entity that provides a service that provides or enables computer access via the Internet by multiple users to a computer server or similar device used for the storage of graphics, video, or images.Md. Code, Crim. Law § 11-208.1(a)(4) that controls or owns the server or other storage device where the item of alleged child sexual abuse materialChild sexual abuse material"Child sexual abuse material" means any electronic image or visual depiction that is unlawful under § 11–207 or § 11–208 of this subtitle.Md. Code, Crim. Law § 11-208.1(a)(2) is located; (2) inform the interactive computer service provider of the provisions of this section; and (3) request that the interactive computer service providerInteractive computer service provider"Interactive computer service provider" means an entity that provides a service that provides or enables computer access via the Internet by multiple users to a computer server or similar device used for the storage of graphics, video, or images.Md. Code, Crim. Law § 11-208.1(a)(4) voluntarily comply with this section and remove the item of alleged child sexual abuse materialChild sexual abuse material"Child sexual abuse material" means any electronic image or visual depiction that is unlawful under § 11–207 or § 11–208 of this subtitle.Md. Code, Crim. Law § 11-208.1(a)(2) from its server or other storage device, if practicable, within 5 business days. (c) (1) If the interactive computer service providerInteractive computer service provider"Interactive computer service provider" means an entity that provides a service that provides or enables computer access via the Internet by multiple users to a computer server or similar device used for the storage of graphics, video, or images.Md. Code, Crim. Law § 11-208.1(a)(4) does not voluntarily remove the item of alleged child sexual abuse materialChild sexual abuse material"Child sexual abuse material" means any electronic image or visual depiction that is unlawful under § 11–207 or § 11–208 of this subtitle.Md. Code, Crim. Law § 11-208.1(a)(2) within the time period established in subsection (b) of this section, the investigative or law enforcement officer shall apply for a court order of authorization to remove the item of alleged child sexual abuse materialChild sexual abuse material"Child sexual abuse material" means any electronic image or visual depiction that is unlawful under § 11–207 or § 11–208 of this subtitle.Md. Code, Crim. Law § 11-208.1(a)(2) in accordance with Title 10, Subtitle 4 of the Courts Article. (f) An interactive computer service providerInteractive computer service provider"Interactive computer service provider" means an entity that provides a service that provides or enables computer access via the Internet by multiple users to a computer server or similar device used for the storage of graphics, video, or images.Md. Code, Crim. Law § 11-208.1(a)(4) who is served with a court order under subsection (e) of this section shall remove the item of child sexual abuse materialChild sexual abuse material"Child sexual abuse material" means any electronic image or visual depiction that is unlawful under § 11–207 or § 11–208 of this subtitle.Md. Code, Crim. Law § 11-208.1(a)(2) that is the subject of the order within 5 business days after receiving the court order, if practicable. (h) (1) (i) Subject to subparagraph (ii) of this paragraph, an interactive computer service providerInteractive computer service provider"Interactive computer service provider" means an entity that provides a service that provides or enables computer access via the Internet by multiple users to a computer server or similar device used for the storage of graphics, video, or images.Md. Code, Crim. Law § 11-208.1(a)(4) shall report the location of an item of child sexual abuse materialChild sexual abuse material"Child sexual abuse material" means any electronic image or visual depiction that is unlawful under § 11–207 or § 11–208 of this subtitle.Md. Code, Crim. Law § 11-208.1(a)(2) to the State Police if the item of child sexual abuse materialChild sexual abuse material"Child sexual abuse material" means any electronic image or visual depiction that is unlawful under § 11–207 or § 11–208 of this subtitle.Md. Code, Crim. Law § 11-208.1(a)(2): 1. resides on a server or other storage device that is: A. controlled or owned by the interactive computer service providerInteractive computer service provider"Interactive computer service provider" means an entity that provides a service that provides or enables computer access via the Internet by multiple users to a computer server or similar device used for the storage of graphics, video, or images.Md. Code, Crim. Law § 11-208.1(a)(4); and B. located in the State; or 2. based on information apparent to the provider at the time of the report or discovery of an item of child sexual abuse materialChild sexual abuse material"Child sexual abuse material" means any electronic image or visual depiction that is unlawful under § 11–207 or § 11–208 of this subtitle.Md. Code, Crim. Law § 11-208.1(a)(2), pertains to a subscriber or user of the interactive computer service who resides in the State. (k) (1) This section does not impose a duty on an interactive computer service providerInteractive computer service provider"Interactive computer service provider" means an entity that provides a service that provides or enables computer access via the Internet by multiple users to a computer server or similar device used for the storage of graphics, video, or images.Md. Code, Crim. Law § 11-208.1(a)(4) actively to monitor its service or affirmatively to seek evidence of an item of child sexual abuse materialChild sexual abuse material"Child sexual abuse material" means any electronic image or visual depiction that is unlawful under § 11–207 or § 11–208 of this subtitle.Md. Code, Crim. Law § 11-208.1(a)(2) on its service.
Section 11-208.1 governs law enforcement procedures for removing child sexual abuse material from servers controlled by interactive computer service providers. The bill's amendments are purely terminological — replacing 'child pornography' with 'child sexual abuse material' throughout. Because the definition of child sexual abuse material incorporates § 11-208, and § 11-208(a)(2) now includes AI-generated images, providers are on notice that AI-generated CSAM on their servers is subject to the same removal obligations and reporting requirements as conventionally produced material. No new compliance obligations are created by this section.
(a)(1)(i)4. 4. a child sexual abuse materialChild sexual abuse material"Child sexual abuse material" means any electronic image or visual depiction that is unlawful under § 11–207 or § 11–208 of this subtitle.Md. Code, Crim. Law § 11-208.1(a)(2) offense under § 11–207 of the Criminal Law Article;
This provision updates the facial recognition technology statute to replace 'child pornography' with 'child sexual abuse material.' The amendment is purely terminological. The existing statute restricts police use of facial recognition to investigation of specified serious crimes, one of which is CSAM offenses under § 11-207.
(a)–(c) In this section the following words have the meanings indicated. (2) "Child sexual abuse materialChild sexual abuse material"Child sexual abuse material" means any electronic image or visual depiction that is unlawful under § 11–207 or § 11–208 of this subtitle.Md. Code, Crim. Law § 11-208.1(a)(2)" means a violation of § 11–207 of the Criminal Law Article. (3) "Obscene" has the meaning stated in § 11–203 of the Criminal Law Article. (b) On or before January 1, 2001, each county or board of trustees of a county library shall: (1) Adopt and implement policies and procedures to prevent minors from obtaining access through the library, by means of the Internet, the World Wide Web, Usenet, or any other interactive computer service to materials that are obscene or constitute child sexual abuse materialChild sexual abuse material"Child sexual abuse material" means any electronic image or visual depiction that is unlawful under § 11–207 or § 11–208 of this subtitle.Md. Code, Crim. Law § 11-208.1(a)(2); and (2) Submit the policies and procedures required under this section to the State Librarian for review. (c) The State Librarian or a designee of the State Librarian shall regularly monitor the county libraries to determine whether each library is complying with the policies and procedures adopted for preventing a minor from obtaining Internet access to obscene materials through the library.
This provision updates the library internet filtering statute to replace 'child pornography' with 'child sexual abuse material.' The underlying obligation on county libraries and boards of trustees to adopt policies preventing minor access to obscene material and CSAM is unchanged. The terminology update ensures that AI-generated CSAM — now covered by § 11-208's amended definition — is included within the scope of material that libraries must filter.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect October 1, 2025.
The Act takes effect October 1, 2025.