Summary — SB 905: Criminal Law — Identity Fraud — Artificial Intelligence and Deepfake Representations
Status & Timeline
- Introduced: January 24, 2025 (Senate Bill 905, Judicial Proceedings Committee; sponsor: Sen. Hester)
- Hearing: February 26, 2025
- Enacted: Signed by Governor June 20, 2025
- Effective date: September 1, 2025
- Companion bill: HB 1425 (Delegate Wilson)
Purpose
- Expand Maryland’s identity fraud laws to address modern misuses of personal identifying information, including harms produced through artificial intelligence (AI) and “deepfake” media, and to create a civil remedy for victims.
Key definitions added
- “Deepfake representation”: a photograph, film, video, audio recording, digital image, picture, or computer-generated image that is indistinguishable from an actual, identifiable human being. Excludes drawings, cartoons, sculptures, and paintings.
- “Indistinguishable from an actual and identifiable human being”: an image an ordinary person would conclude is of an actual person; explicitly includes computer‑generated images made to appear real.
- “Harm”: physical injury, serious emotional distress, or economic damages.
- “Artificial intelligence”: defined by reference to the State Finance and Procurement Article (§3.5–801).
Primary substantive changes
- Prohibits knowingly, willfully, and with fraudulent intent using another person’s personal identifying information without consent to cause “harm” (broadening prior prohibitions tied to obtaining value or health access).
- Expands the existing prohibition against assuming another’s identity (including fictitious identities) to include use intended to harm, harass, intimidate, threaten, or coerce the person whose identity is assumed.
- Prohibits knowingly, willfully, and with fraudulent intent using AI or deepfake representations to:
- Impersonate or falsely depict another person with intent to defraud, mislead, or cause harm; or
- Create or distribute false records to cause harm, induce disclosure of personal identifying information, or obtain benefits/credit/services.
Criminal penalties
- Existing value-based penalty tiers remain (examples):
- <$1,500: misdemeanor — up to 1 year imprisonment and/or up to $500 fine.
- $1,500–<$25,000: felony — up to 5 years and/or up to $10,000 fine.
- $25,000–<$100,000: felony — up to 10 years and/or up to $15,000 fine.
- ≥$100,000: felony — up to 20 years and/or up to $25,000 fine.
- AI/deepfake-specific penalties:
- Violation involving one victim: felony — up to 5 years imprisonment and/or up to $10,000 fine.
- Violation involving two or more victims: felony — up to 10 years imprisonment and/or up to $15,000 fine.
Civil remedy
- A victim of prohibited conduct under the AI/deepfake provisions may bring a civil action in court seeking injunctions and “any other appropriate relief” against the perpetrator(s).
Who is affected
- Individuals whose personal identifying information or likeness is used without consent; victims of harassment, impersonation, stalking, financial fraud, or reputational harm caused by AI/deepfakes.
- Perpetrators who create, use, or distribute AI-generated or deepfake content to defraud or harm.
- Courts, prosecutors, and defense counsel (potential modest increase in caseloads); limited expected fiscal impact.
Fiscal/operational impact
- Department of Legislative Services fiscal note: not expected to materially affect State or local finances or operations; minor increased workload for public defense potentially manageable within existing resources.
Notes
- The bill amends Maryland Criminal Law §8–301 and cross-references the State Finance and Procurement definition of AI.
