Maryland CSAM Law (computer-generated images)

Maryland Criminal Law 11-208 — Child Sexual Abuse Material Including Computer-Generated Images
Maryland · Md. Code, Crim. Law 11-208

Status
In effect
Took effect
October 1, 2023
Applies to
Any person in Maryland who could possess, retain, access, or view child sexual abuse material.
Enforced by
Maryland state and local prosecutors (Office of the Attorney General and State's Attorneys); courts.

Maryland's child sexual abuse material statute reaches not only real photographs of children but also computer-generated images that an ordinary person could not tell apart from an actual, identifiable child under the age of 16. It is a crime to knowingly possess and intentionally retain, or to knowingly access and intentionally view, such material showing a child engaged in sexual conduct. Pure drawings, cartoons, sculptures, and paintings are excluded.

Who is protected: Children, specifically minors under the age of 16 depicted in or simulated by such material.

Legal detail

Md. Code, Crim. Law 11-208 defines an image 'indistinguishable from an actual and identifiable child' to include a computer-generated image created, adapted, or modified to appear as an actual, identifiable child under 16, and applies the existing possession/viewing offense to such images.

Key facts

JurisdictionMaryland
LevelState
StrengthLimited
EnactedMay 3, 2023
CitationMd. Code, Crim. Law 11-208
Private right of actionNo, agency enforcement only
PenaltiesA first violation is a misdemeanor punishable by up to 5 years in prison, a fine up to $2,500, or both; a subsequent violation is a felony punishable by up to 10 years, a fine up to $10,000, or both.
Topicschildren's online safety · AI-generated images
StatuteMaryland Annotated Code, Criminal Law 11-208

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