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SB 360

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2026 Regular Session Introduced by Jonathan Martin

Broadens revenge porn to include realistic deepfakes, defines visual representation, and provides victims a civil remedy plus misdemeanor penalties for distributors.

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Bill Summary · SB 360

SB 360 — Revenge Porn: Definition of Visual Representation; Civil Action and Criminal Offense

Chapter 219 (Approved by Governor Apr 22, 2025). Effective July 1, 2025.

Main purpose

Clarify and broaden the criminal offense commonly called “revenge porn” to include realistic computer‑generated images (deepfakes), define “visual representation,” and create a corresponding civil cause of action (defamation per se or invasion of privacy) for victims whose images are distributed in violation of the criminal statute.

Key provisions and changes

  • Adds a statutory definition of “visual representation”:
    • Includes (a) an unaltered image of an identifiable person, or (b) an image — created with or without using other depictions — that is indistinguishable from that person to an ordinary observer.
    • Explicitly includes computer‑generated images; expressly excludes drawings, cartoons, sculptures, and paintings.
  • Expands the criminal prohibition (Criminal Law §3‑809):
    • Continues to prohibit knowingly distributing a visual representation showing an identifiable person’s intimate parts exposed or engaged in sexual activity when done (i) with intent to harm/harass/intimidate/threaten/coerce, (ii) knowing the person did not consent (or with reckless disregard), and (iii) where the person reasonably expected privacy.
    • Adds specific coverage for computer‑generated visual representations that are indistinguishable from an actual person, applying similar scienter and intent standards.
    • Preserves exceptions for lawful law‑enforcement activity, reporting of unlawful conduct, legal proceedings, and voluntary public/commercial exposure.
    • States that interactive computer services are not criminally liable under this section for content provided by another person (reference to 47 U.S.C. §230).
    • Penalty: misdemeanor — up to 2 years imprisonment and/or a fine up to $5,000.
  • Creates a civil remedy (Courts & Judicial Proceedings §3‑505 and Criminal Law §3‑809(f)):
    • A person whose visual representation was distributed in violation of the statute has a civil cause of action for defamation per se or invasion of privacy against any person who distributed the visual representation.
    • Courts may award reasonable attorney’s fees to a prevailing plaintiff in addition to other relief.
  • Limits public access to visual representations in court records:
    • Visual representations (including computer‑generated images) that are part of a court record in a prosecution or related civil action may not be available for public inspection; access is limited (absent a court order) to specified parties (court personnel, jury, prosecutors, defense, victim/attorney, law enforcement, etc.).

Who is affected

  • Victims: people whose images (including deepfakes) are distributed without consent and under the enumerated harmful circumstances — gain a statutory civil remedy and continued criminal protection.
  • Distributors/creators: individuals who create or distribute real or realistic computer‑generated sexual images may face misdemeanor criminal charges and civil liability.
  • Digital platforms: the criminal provision reiterates that interactive computer services are not criminally liable for third‑party content; civil liability for platforms is not eliminated by this statute and remains subject to federal law (e.g., Section 230) and existing case law.
  • Courts and prosecutors: will apply new definitions, adjudicate related criminal and civil matters, and handle restricted access protocols for court records.

Procedural / fiscal notes

  • Effective date: July 1, 2025.
  • Fiscal impact (Maryland fiscal note): minimal increase in general fund revenues/expenditures from expanded application of an existing penalty provision; Judiciary expects to handle additional civil cases with existing resources. The fiscal note noted 391 criminal filings under §3‑809 in FY2024 (293 district court; 98 circuit court).

Practical effect

The law modernizes the revenge‑porn statute to cover highly realistic synthetic images (deepfakes), creates an explicit civil path for reputational and privacy harms (allowing recovery for defamation per se or invasion of privacy and attorney’s fees), and tightens controls over public access to such images in court proceedings.

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

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