United States of America: Introduced Bill amending Maryland's Criminal law to address the use of artificial intelligence in the creation of child pornography (HB 5)

On 8 January 2025, a Bill to amend Maryland's criminal law to address the use of artificial intelligence in the creation of child pornography was introduced to the Maryland House of Representatives (HB 5). The Bill expands the definition of "computer-generated image" to include those created using AI software, ensuring that such depictions are treated the same as traditional imagery under child pornography laws. It prohibits the possession, retention, or viewing of visual representations depicting minors in explicit contexts, including AI-generated images indistinguishable from actual children. Artistic forms such as drawings, cartoons, and sculptures are explicitly excluded from this definition. Penalties include a misdemeanor with up to 5 years in prison and/or a USD 2'500 fine, escalating to a felony for repeat offenses. The Bill also provides affirmative defenses for those who destroy or report such material in good faith. The Bill is set to take effect on 1 October 2025.