Maryland Criminalizes Certain Deepfakes and Creates a Civil Cause of Action

Senate Bill 8, codified as Md. Code, Crim. L. Art. §8-301, will become effective on October 1, 2026. It imposes criminal penalties and creates a civil claim.  2026 Laws of Md. Chap. 445.

Two purposes of the statute are “prohibiting a person from using certain artificial intelligence or certain deepfake representations for certain purposes,” and “providing that a person who is the victim of certain conduct may bring a civil action against a certain person….”

In pertinent part:

A PERSON MAY NOT KNOWINGLY, WILLFULLY, AND WITH FRAUDULENT INTENT USE ARTIFICIAL INTELLIGENCE OR A DEEPFAKE REPRESENTATION TO: … CAUSE HARM TO ANOTHER BY IMPERSONATING, FALSELY DEPICTING, OR CLAIMING TO REPRESENT THAT PERSON OR ANY OTHER PERSON….[1]

The term “deepfake representation” is defined:

“DEEPFAKE REPRESENTATION” MEANS A PHOTOGRAPH, A FILM, A VIDEO, AN AUDIO RECORDING, A DIGITAL IMAGE, A PICTURE, OR A COMPUTER OR COMPUTER–GENERATED IMAGE OR PICTURE, WHETHER MADE, PRODUCED, OR GENERATED BY ELECTRONIC, MECHANICAL, OR OTHER MEANS, THAT IS INDISTINGUISHABLE FROM AN ACTUAL AND IDENTIFIABLE HUMAN BEING.

It does not include drawings, cartoons, sculptures, or paintings.

“INDISTINGUISHABLE FROM AN ACTUAL AND IDENTIFIABLE HUMAN BEING” MEANS AN IMAGE AN ORDINARY PERSON WOULD CONCLUDE IS OF AN ACTUAL AND IDENTIFIABLE HUMAN BEING….

“INDISTINGUISHABLE FROM AN ACTUAL AND IDENTIFIABLE HUMAN BEING” INCLUDES AN IMAGE THAT IS COMPUTER–GENERATED AND HAS BEEN CREATED, ADAPTED, OR MODIFIED TO APPEAR AS AN ACTUAL AND IDENTIFIABLE HUMAN BEING.

The term “harm” includes physical injury, serious emotional distress, or economic damages.

The penalty for a violation involving one victim is imprisonment up to 5 years or a fine not exceeding $10,000, or both.  If two or more victims are involved, the penalties are increased.

There is now a civil cause of action and a victim may sue in a court of competent jurisdiction.  In addition to injunctive relief, the court may grant “any other appropriate relief.”

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[1] Capitalization and underlining are from the original bill.