WeVote
Log In

Bill

Bill

HB 5

Criminal Law - Child Sexual Abuse Material - Artificial Intelligence Software

2025 Regular Session Introduced by Lauren Arikan and 15 co-sponsors

Maryland HB 5 criminalizes creating, distributing, and possessing AI-generated child sexual abuse material, establishing new felony offenses with sentencing guidelines.

Hearing 3/25 at 2:00 p.m.
0
WeVote Research Nonpartisan
Bill Summary · HB 5

Legislative bill overview

HB 5 addresses the use of artificial intelligence to generate, distribute, or possess child sexual abuse material (CSAM). The bill creates criminal penalties for using AI software to create synthetic or deepfake CSAM, even when no real children are depicted. It establishes new offenses and sentencing guidelines within Maryland's criminal code.

Why is this important

AI-generated CSAM represents a rapidly growing threat that existing laws often fail to address, since traditional CSAM statutes require actual child victims. This bill attempts to close that legal gap while child protection advocates warn that synthetic CSAM can normalize abuse, potentially drive demand for real CSAM, and be used for extortion. The legislation signals Maryland's response to a technology outpacing legal frameworks.

Potential points of contention

  • First Amendment concerns: Critics may argue that criminalizing AI-generated material involving no real children raises constitutional free speech questions, particularly regarding the distinction between protected speech and harmful material
  • Definitional precision: The bill's language regarding what constitutes AI-generated CSAM and how "appears to be" a minor is determined could create enforcement ambiguity and unintended legal consequences
  • Proportionality debate: Whether criminal penalties for synthetic CSAM should be equivalent to penalties for abuse of real children, or if different offense tiers better reflect the absence of actual victimization

Compiled from official sources — confirm details with the bill’s official record.

Sign in to ask a question.