The Maryland General Assembly recently passed Senate Bill 360 (“SB 360”), expanding the State’s existing revenge pornography statute to address computer-generated sexual images.[1] The law took effect on July 1, 2025, and positions Maryland as one of the first states to explicitly regulate the use of artificial intelligence (“AI”) in the creation of sexually explicit content.[2]  No longer limited to real pornographic images, the statute now extends to fake and AI-generated depictions, a major step forward for the Maryland legislature. [3]

The Maryland legislature first criminalized revenge porn in 2014 when it enacted Section 3-809 of the Criminal Law Article, which prohibited distributing real sexually explicit images or videos of another without consent.[4] At that time, the statute targeted the most common scenarios in which private photos or videos were maliciously shared online or through other means.[5] However, in recent years, methods have changed; AI-based tools have introduced a new threat by allowing individuals to generate highly realistic pornographic images without the depicted person’s involvement or consent, known as “deepfakes.”[6] The AI-generated images are often created by combining social media photos or other public images with artificial intelligence technology, producing convincing depictions of people engaged in sexual acts that never actually occurred.[7]

The reputational, economic, and emotional harms caused by such depictions are often just as severe, if not worse, than those caused by distributing genuine intimate photographs.[8] Since Because deepfakes are hyper-realistic and widely accessible, even individuals with little technical skill can fabricate sexually explicit images that appear authentic.[9] The ease of creation, combined with the speed of online dissemination, magnifies the risk of humiliation, blackmail, and the lasting damage to a victim’s personal and professional life.[10] In response, SB 360 repeals and re-enacts Section 3-809 of the Criminal Law Article to broaden the definition of “visual representation” to include computer-generated content that an ordinary observer could conclude is an actual depiction of a real and identifiable person.[11]

In addition to criminalizing the knowing distributing computer-generated sexual images, the General Assembly also created a new civil remedy, which authorizes victims to bring a cause of action for defamation per se or invasion of privacy against individuals who distribute AI-generated sexual images.[12] A prevailing plaintiff may recover not only damages but also reasonable attorney’s fees.[13] The law also incorporates privacy protections to prevent further harm to victims during litigation. Any visual or computer-generated images used as evidence in criminal or civil proceedings under the statute will be sealed from public inspection and made available only to parties, counsel, law enforcement, juries, and court officials.[14]

As AI begins to reshape the legal landscape, Maryland’s expansion of its revenge porn statutes sends a clear message that individuals deserve meaningful protection from technological abuse. As deepfakes and other AI tools become more sophisticated, continued legislative action will be essential to ensure that survivors are not left to face these harms alone.

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Katelin Carter is a second-year law student at the University of Baltimore School of Law, where she serves as a Staff Editor for Law Forum, a Teaching Assistant for Introduction to Lawyering Skills, a Property Law Scholar, and a member of the Honor Board. She earned her bachelor’s degree in English and Political Science, with a minor in Social Work, from Bridgewater College, graduating with honors. Katelin works as a law clerk at MPL Law Firm in York, Pennsylvania, assisting with municipal and land use matters. Her academic interests include land use, zoning, and property law.

[1] S.B. 360, 2025 Gen. Assemb., 447^th Sess. (Md. 2025).

[2] Id.

[3] Md. Code Ann., Crim. Law § 3-809 (West 2024).

[4] Md. Code Ann., Crim. Law § 3-809 (West 2018).

[5] Id.

[6] Katherine Noel, Journalist Emanuel Maiberg Addresses AI and the Rise of Deepfake Pornography, Inst. for Glob. Pol. (Apr. 22, 2024), https://igp.sipa.columbia.edu/news/rise-deepfake-pornography (on file with the University of Baltimore Law Forum).

[7] Id.

[8] Simone Obadia, Survivor Safety: Deepfakes and the Negative Impacts of AI Technology, Md. Coal. Against Sexual Assault (May 8, 2024), https://mcasa.org/newsletters/article/survivor-safety-deepfakes-and-negative-impacts-of-ai-technology.n (on file with the University of Baltimore Law Forum).

[9] Id. 

[10] Id. 

[11] S.B. 360, 2025 Gen. Assemb., 447^th Sess. (Md. 2025); Md. Code Ann., Crim. Law § 3-809 (West 2024).

[12] Id.

[13] Id.

[14] Id.