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EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb0924*
HOUSE BILL 924
D3, E1 6lr1319
CF 6lr1881
By: Delegates Nkongolo, Alston, Arentz, Beauchamp, Buckel, Chisholm, Harrison,
Hutchinson, McComas, Miller, Patterson, Rose, and Schmidt
Introduced and read first time: February 5, 2026
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Child Exploitation Material – Civil and Criminal Actions 2
(Safe Kids Act) 3
FOR the purpose of prohibiting certain conduct relating to child pornography and unlawful 4
child exploitation material; creating a certain civil action for a violation of certain 5
provisions of this Act; authorizing the Attorney General to enforce certain provisions 6
of this Act; defining “computer–generated image” in certain provisions relating to 7
crimes involving child pornography to include an image created through the use of 8
artificial intelligence software; increasing the requisite age of a child considered to 9
be a victim of certain child pornography crimes; and generally relating to child 10
pornography and unlawful child exploitation material. 11
BY adding to 12
Article – Courts and Judicial Proceedings 13
Section 3 –2701 through 3 –2707 to be under the new subtitle “Subtitle 27. Civil 14
Actions for Unlawful Child Exploitation Material” 15
Annotated Code of Maryland 16
(2020 Replacement Volume and 2025 Supplement) 17
BY repealing and reenacting, without amendments, 18
Article – Criminal Law 19
Section 11–203(a)(1) and (5) 20
Annotated Code of Maryland 21
(2021 Replacement Volume and 2025 Supplement) 22
BY repealing and reenacting, with amendments, 23
Article – Criminal Law 24
Section 11–208 25
Annotated Code of Maryland 26
(2021 Replacement Volume and 2025 Supplement) 27
2 HOUSE BILL 924
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
That the Laws of Maryland read as follows: 2
Article – Courts and Judicial Proceedings 3
SUBTITLE 27. CIVIL ACTIONS FOR UNLAWFUL CHILD EXPLOITATION MATERIAL. 4
3–2701. 5
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 6
INDICATED. 7
(B) “CHILD PORNOGRAPHY” HAS THE MEANING STAT ED IN § 11–208.1 OF 8
THE CRIMINAL LAW ARTICLE. 9
(C) “CHILD SEXUAL EXPLOITA TION DEVICE OR IMAGE ” MEANS AN 10
ANATOMICALLY ACCURATE MANNEQUIN, ROBOT, DOLL, DEVICE, OR IMAGE WITH 11
THE FEATURES OF OR F EATURES THAT RESEMBLE A MINOR INTENDED F OR USE IN 12
SEXUAL ACTS. 13
(D) “INTERNET” HAS THE MEANING STAT ED IN § 14–3701 OF THE 14
COMMERCIAL LAW ARTICLE. 15
(E) “OBSCENE” HAS THE MEANING STATED IN § 11–203 OF THE CRIMINAL 16
LAW ARTICLE. 17
(F) “ONLINE PLATFORM ” MEANS ANY PUBLIC –FACING WEBSITE , WEB 18
APPLICATION, OR DIGITAL APPLICATI ON, INCLUDING A SOCIAL N ETWORK OR AD 19
NETWORK. 20
(G) “UNLAWFUL CHILD EXPLOI TATION MATERIAL ” MEANS CHILD 21
PORNOGRAPHY, OBSCENE MATERIAL INV OLVING A MINOR, OR A CHILD SEXUAL 22
EXPLOITATION DEVICE OR IMAGE. 23
3–2702. 24
THIS SUBTITLE DOES NOT APPLY TO AN INTERNET SERVICE PROVIDER OR ITS 25
AFFILIATES OR SUBSIDIARIES, A SEARCH ENGINE, OR A CLOUD SERVICE PROVIDER 26
TO THE EXTENT THAT THE ENTITY: 27
(1) IS SOLELY TRANSMITTING, ROUTING, STORING, OR PROVIDING 28
CONNECTIONS FOR THE ELECTRONIC COMMUNICATIONS INITIATED BY O R AT THE 29
DIRECTION OF ANOTHER PERSON; AND 30
HOUSE BILL 924 3
(2) IS NOT RESPONSIBLE, IN WHOLE OR IN PART, FOR THE CREATION 1
OR DEVELOPMENT OF UNLAWFUL CHILD EXPLOITATION MATERIAL. 2
3–2703. 3
(A) AN ONLINE PLATFORM MAY NOT KNOWINGLY AND INTENTIONALLY: 4
(1) ISSUE, SELL, DELIVER, DISTRIBUTE, TRANSFER, OR DISSEMINATE 5
UNLAWFUL CHILD EXPLOITATION MATERIAL; OR 6
(2) CREATE OR DEVELOP, IN WHOLE OR IN PART , UNLAWFUL CHILD 7
EXPLOITATION MATERIAL ON OR BY USING THE INTERNET. 8
(B) THE PARENT OR LEGAL GUARDIAN OF A MINOR WHO IS DEPICTED IN OR 9
EXPOSED TO UNLAWFUL CHILD EXPLOITATION MATERIAL IN VIOLATION OF 10
SUBSECTION (A) OF THIS SECTION MAY BRING AN ACTION AGAINST THE ONLINE 11
PLATFORM THAT COMMITTED THE VIOLATION FOR: 12
(1) NOMINAL DAMAGES; 13
(2) ACTUAL DAMAGES; 14
(3) COURT COSTS; 15
(4) PUNITIVE DAMAGES; AND 16
(5) REASONABLE ATTORNEY’S FEES AND LITIGATIO N COSTS 17
INCLUDING EXPERT WITNESS FEES AND COURT REPORTER FEES. 18
(C) THE ATTORNEY GENERAL MAY SEEK INJU NCTIVE RELIEF OR OTH ER 19
EQUITABLE RELIEF TO ENFORCE THIS SECTION. 20
(D) THE REMEDIES AVAILABL E UNDER THIS SECTION MAY BE AWARDED 21
WITHOUT REGARD TO WH ETHER THE CONDUCT GI VING RISE TO THE VIO LATION 22
RESULTED IN A CRIMINAL CONVICTION. 23
3–2704. 24
(A) AN ONLINE PLATFORM FOUND TO BE IN VIOLA TION OF THIS SUBTITLE 25
SHALL BE HELD JOINTLY AND SEVERALLY LIABLE FOR THE VIOLATION. 26
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(B) INDIVIDUAL CLAIMS BROU GHT UNDER THIS SUBTITLE THAT SATISFY 1
APPLICABLE STANDARDS FOR JOINDER OR CLASS ACTION MAY BE COMBINED IN A 2
SINGLE ACTION. 3
3–2705. 4
SOVEREIGN IMMUNITY IS NOT AN AFFIRMATIVE DEFENSE TO A VIOLATION OF 5
THIS SUBTITLE. 6
3–2706. 7
A PERSON MAY BRING AN ACTION UNDER THIS SUBTITLE AND RELIEF MAY BE 8
GRANTED WITHOUT SEEK ING OR EXHAUSTING AV AILABLE ADMINISTRATI VE 9
REMEDIES. 10
3–2707. 11
THE REMEDIES PROVIDED IN THIS SUBTITLE ARE CUMULATIVE AND MAY NOT 12
BE CONSTRUED AS REST RICTING ANY OTHER RE MEDY THAT IS AVAILABLE UN DER 13
LAW. 14
Article – Criminal Law 15
11–203. 16
(a) (1) In this section the following words have the meanings indicated. 17
(5) “Obscene” means: 18
(i) that the average adult applying contemporary community 19
standards would find that the work, taken as a whole, appeals to the prurient interest; 20
(ii) that the work depicts sexual conduct specified in subsection (b) 21
of this section in a way that is patently offensive to prevailing standards in the adult 22
community as a whole with respect to what is suitable material; and 23
(iii) that the work, taken as a whole, lacks serious artistic, 24
educational, literary, political, or scientific value. 25
11–208. 26
(a) (1) In this section [, “indistinguishable] THE FOLLOWING WORDS HAVE 27
THE MEANINGS INDICATED. 28
HOUSE BILL 924 5
(2) “COMPUTER–GENERATED IMAGE” INCLUDES AN IMAGE CREATED 1
THROUGH THE USE OF ARTIFICIAL INTELLIGENCE SOFTWARE. 2
(3) (I) “INDISTINGUISHABLE from an actual and identifiable [child”] 3
MINOR” means an ordinary person would conclude that the image is of an actual and 4
identifiable minor. 5
[(2)] (II) “Indistinguishable from an actual and identifiable [child”] 6
MINOR” includes a computer–generated image that has been created, adapted, or modified 7
to appear as an actual and identifiable [child] MINOR. 8
[(3)] (III) “Indistinguishable from an actual and identifiable [child”] 9
MINOR” does not include images or items depicting minors that are: 10
[(i)] 1. drawings; 11
[(ii)] 2. cartoons; 12
[(iii)] 3. sculptures; or 13
[(iv)] 4. paintings. 14
(b) (1) A person may not knowingly possess and intentionally retain a film, 15
videotape, photograph, or other visual representation showing an actual [child] MINOR or 16
a computer –generated image that is indistingu ishable from an actual and identifiable 17
[child under the age of 16 years] MINOR: 18
(i) engaged as a subject of sadomasochistic abuse; 19
(ii) engaged in sexual conduct; or 20
(iii) in a state of sexual excitement. 21
(2) A person may not knowingly or i ntentionally access and intentionally 22
view a film, videotape, photograph, or other visual representation showing an actual [child] 23
MINOR or a computer –generated image that is indistinguishable from an actual and 24
identifiable [child under the age of 16 years] MINOR: 25
(i) engaged as a subject of sadomasochistic abuse; 26
(ii) engaged in sexual conduct; or 27
(iii) in a state of sexual excitement. 28
6 HOUSE BILL 924
(c) (1) Except as provided in paragraph (2) of this subsection, a person who 1
violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment 2
not exceeding 5 years or a fine not exceeding $2,500 or both. 3
(2) A person who violates this section, having previously been convicted 4
under this section, is guilty of a felony and on conviction is subject to imprisonment not 5
exceeding 10 years or a fine not exceeding $10,000 or both. 6
(d) Nothing in this section may be construed to prohibit a parent from possessing 7
visual representations of the parent’s own child in the nude unless th e visual 8
representations show the child engaged: 9
(1) as a subject of sadomasochistic abuse; or 10
(2) in sexual conduct and in a state of sexual excitement. 11
(e) It is an affirmative defense to a charge of violating this section that the person 12
promptly and in good faith: 13
(1) took reasonable steps to destroy each visual representation; or 14
(2) reported the matter to a law enforcement agency. 15
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 16
October 1, 2026. 17