Criminal Law - Child Sexual Abuse Material - Artificial Intelligence Software

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb1294*

HOUSE BILL 1294
E1, O4 6lr2780
HB 5/25 – JUD
By: Delegate Wilson
Introduced and read first time: February 12, 2026
Assigned to: Judiciary
Committee Report: Favorable
House action: Adopted
Read second time: March 1, 2026

CHAPTER ______

AN ACT concerning 1

Criminal Law – Child Sexual Abuse Material – Artificial Intelligence Software 2

FOR the purpose of altering the term “child pornography” to be “child sexual abuse 3
material” for purposes of certain criminal offenses; defining “computer –generated 4
image” to include images created through the use of artificial intelligence software 5
as the term pertains to provisions of law related to child sexual abuse material; and 6
generally relating to child sexual abuse material. 7

BY repealing and reenacting, with amendments, 8
Article – Courts and Judicial Proceedings 9
Section 10–402(c)(2)(ii)1.F. and 10–406(a)(6) 10
Annotated Code of Maryland 11
(2020 Replacement Volume and 2025 Supplement) 12

BY repealing and reenacting, with amendments, 13
Article – Criminal Law 14
Section 9–801(g)(10), 11–208, and 11–208.1 15
Annotated Code of Maryland 16
(2021 Replacement Volume and 2025 Supplement) 17

BY repealing and reenacting, with amendments, 18
Article – Criminal Procedure 19
Section 2–503(a)(1)(i)4. 20
Annotated Code of Maryland 21
(2025 Replacement Volume) 22
2 HOUSE BILL 1294

BY repealing and reenacting, with amendments, 1
Article – Education 2
Section 23–506.1 3
Annotated Code of Maryland 4
(2022 Replacement Volume and 2025 Supplement) 5

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 6
That the Laws of Maryland read as follows: 7

Article – Courts and Judicial Proceedings 8

10–402. 9

(c) (2) (ii) It is lawful under this subtitle for an investigative or law 10
enforcement officer acting in a criminal investigation or any other person acting at the prior 11
direction and under the supervision of an investigative or law enforcement officer to 12
intercept a wire, oral, or electronic communication in order to provide evidence: 13

1. Of the commission of: 14

F. Child [pornography] SEXUAL ABUSE MATERIAL under § 15
11–207, § 11–208, or § 11–208.1 of the Criminal Law Article; 16

10–406. 17

(a) The Attorney General, State Prosecutor, or any State’s Attorney may apply to 18
a judge of competent jurisdiction, and the judge, in accordance with the provisions of § 19
10–408 of this subtitle, may grant an order authorizing the interception of wire, oral, or 20
electronic communications by investigative or law enforcement officers when the 21
interception may provide or has provided evidence of the commission of: 22

(6) Child [pornography] SEXUAL ABUSE MATERIA L under § 11 –207, § 23
11–208, or § 11–208.1 of the Criminal Law Article; 24

Article – Criminal Law 25

9–801. 26

(g) “Underlying crime” means: 27

(10) a violation of § 11 –207 or § 11–208 of this article (child [pornography] 28
SEXUAL ABUSE MATERIAL); 29

11–208. 30

HOUSE BILL 1294 3

(a) (1) In this section [, “indistinguishable] THE FOLLOWING WORDS HAVE 1
THE MEANINGS INDICATED. 2

(2) “COMPUTER–GENERATED IMAGE ” INCLUDES IMAGES CREA TED 3
THROUGH THE USE OF ARTIFICIAL INTELLIGENCE SOFTWARE. 4

(3) (I) “INDISTINGUISHABLE from an actual and identifiable child” 5
means an ordinary person would conclude that the image is of an actual and identifiable 6
minor. 7

[(2)] (II) “Indistinguishable from an actual and identifiable child” 8
includes a computer–generated image that has been created, adapted, or modified to appear 9
as an actual and identifiable child. 10

[(3)] (III) “Indistinguishable from an actual and identifiable child” does not 11
include images or items depicting minors that are: 12

[(i)] 1. drawings; 13

[(ii)] 2. cartoons; 14

[(iii)] 3. sculptures; or 15

[(iv)] 4. paintings. 16

(b) (1) A person may not knowingly possess and intentionally retain a film, 17
videotape, photograph, or other visual representation showing an actual child or a 18
computer–generated image that is indistinguishable from an actual and identifiabl e child 19
under the age of 16 years: 20

(i) engaged as a subject of sadomasochistic abuse; 21

(ii) engaged in sexual conduct; or 22

(iii) in a state of sexual excitement. 23

(2) A person may not knowingly or intentionally access and intentionally 24
view a film, videotape, photograph, or other visual representation showing an actual child 25
or a computer –generated image that is indistinguishable from an actual and identifiable 26
child under the age of 16 years: 27

(i) engaged as a subject of sadomasochistic abuse; 28

(ii) engaged in sexual conduct; or 29

(iii) in a state of sexual excitement. 30
4 HOUSE BILL 1294

(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 the 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

11–208.1. 16

(a) (1) In this section the following words have the meanings indicated. 17

(2) “Child [pornography”] SEXUAL ABUSE MATERIA L” means any 18
electronic image or visual depiction that is unlawful under § 11 –207 or § 11 –208 of this 19
subtitle. 20

(3) “Controlled or owned”, with respect to a server or other storage device, 21
means to be entirely owned by an interactive computer service provider or to be subject to 22
exclusive ma nagement by an interactive computer service provider by agreement or 23
otherwise. 24

(4) “Interactive computer service provider” means an entity that provides 25
a service that provides or enables computer access via the Internet by multiple users to a 26
computer server or similar device used for the storage of graphics, video, or images. 27

(b) An investigative or law enforcement officer who receives information that an 28
item of alleged child [pornography] SEXUAL ABUSE MATERIAL resides on a server or other 29
storage device controlled or owned by an interactive computer service provider shall: 30

HOUSE BILL 1294 5

(1) contact the interactive computer service provider that controls or owns 1
the server or other storage device where the item of alleged child [pornography] SEXUAL 2
ABUSE MATERIAL is located; 3

(2) inform the interactive computer service provider of the provisions of 4
this section; and 5

(3) request that the interactive computer service provider voluntarily 6
comply with this section and remo ve the item of alleged child [pornography] SEXUAL 7
ABUSE MATERIAL from its server or other storage device, if practicable, within 5 business 8
days. 9

(c) (1) If the interactive computer service provider does not voluntarily remove 10
the item of alleged child [pornography] SEXUAL ABUSE MATERIAL within the time period 11
established in subsection (b) of this section, the investigative or law enforcement officer 12
shall apply for a court order of authorization to remove the item of alleged child 13
[pornography] SEXUAL ABUSE MATERIAL in accordance with Title 10, Subtitle 4 of the 14
Courts Article. 15

(2) The application for a court order shall: 16

(i) identify the item of alleged child [pornography] SEXUAL ABUSE 17
MATERIAL discovered on the server or other storage device cont rolled or owned by an 18
interactive computer service provider; 19

(ii) provide its location on the server or other storage device in the 20
form of an Internet protocol (IP) address or uniform resource locator (URL); 21

(iii) state the grounds for the issuance of the order; 22

(iv) verify that the item of alleged child [pornography] SEXUAL 23
ABUSE MATERIAL resides on the server or other storage device controlled or owned by the 24
interactive computer service provider; 25

(v) describe the steps taken to obtain vo luntary compliance of the 26
interactive computer service provider with this section; 27

(vi) inform the interactive computer service provider of its right to 28
request a hearing on the application; and 29

(vii) state the name and title of the affiant. 30

(3) The investigative or law enforcement officer shall serve the application 31
on the interactive computer service provider. 32

6 HOUSE BILL 1294

(4) The interactive computer service provider has the right to request a 1
hearing before the court imposes any penalty under this section. 2

(d) The court shall review the application and testimony, if offered, and, upon a 3
finding of probable cause, issue an order that: 4

(1) an item of child [pornography] SEXUAL ABUSE MATERIAL resides on 5
a server or other storage device controlled or o wned by the interactive computer service 6
provider or is accessible to persons located in the State; 7

(2) there is probable cause to believe that the item violates § 11 –207 or § 8
11–208 of this subtitle; 9

(3) the interactive computer service provider shall remove the item 10
residing on a server or other storage device controlled or owned by the interactive computer 11
service provider within 5 business days after receiving the order, if practicable; 12

(4) failure of the interactive computer service provide r to comply with the 13
court’s order is a violation of this section; 14

(5) the removal of the item on the server or other storage device controlled 15
or owned by the interactive computer service provider may not unreasonably interfere with 16
a request by a law enforcement agency to preserve records or other evidence; 17

(6) the process of removal shall be conducted in a manner that prevents the 18
removal of images, information, or data not otherwise subject to removal under this section; 19
and 20

(7) provides the in teractive computer service provider notice and 21
opportunity for a hearing before the court imposes any penalty under this section. 22

(e) (1) The Office of the State’s Attorney shall serve the court’s order on the 23
interactive computer service provider. 24

(2) The order shall be accompanied by: 25

(i) the application made under subsection (c) of this section; 26

(ii) notification requiring the interactive computer service provider 27
to remove the item residing on a server or other storage device controlled or owned by the 28
interactive computer service provider, if practicable, within 5 business days after receiving 29
the order; 30

(iii) notification of the criminal penalties for failure to remove the 31
item of child [pornography] SEXUAL ABUSE MATERIAL; 32

(iv) notification of the right to appeal the court’s order; and 33
HOUSE BILL 1294 7

(v) contact information for the Office of the State’s Attorney. 1

(f) An interactive computer service provider who is served with a court order 2
under subsection (e) of this section shall remove th e item of child [pornography] SEXUAL 3
ABUSE MATERIAL that is the subject of the order within 5 business days after receiving 4
the court order, if practicable. 5

(g) (1) An interactive computer service provider may petition the court for 6
relief for cause from an order issued under subsection (d) of this section. 7

(2) The petition may be based on considerations of: 8

(i) the cost or technical feasibility of compliance with the order; or 9

(ii) the inability of the interactive computer service provider to 10
comply with the order without also removing data, images, or information that are not 11
subject to this section. 12

(h) (1) (i) Subject to subparagraph (ii) of this paragraph, an interactive 13
computer service provider shall report the location of an item of ch ild [pornography] 14
SEXUAL ABUSE MATERIAL to the State Police if the item of child [pornography] SEXUAL 15
ABUSE MATERIAL: 16

1. resides on a server or other storage device that is: 17

A. controlled or owned by the interactive computer service 18
provider; and 19

B. located in the State; or 20

2. based on information apparent to the provider at the time 21
of the report or discovery of an item of child [pornography] SEXUAL ABUSE MATERIAL, 22
pertains to a subscriber or user of the interactive computer service who resides in the State. 23

(ii) Subparagraph (i) of this paragraph does not apply to an 24
interactive computer service provider if: 25

1. federal law expressly provides for or permits the referral 26
of a report of an item of child [pornography] SEXUAL ABUSE MATERIAL to a state or local 27
law enforcement agency; and 28

2. the interactive computer service provider complies with 29
the federal law. 30

8 HOUSE BILL 1294

(2) An interactive computer service provider who knowingly and willfully 1
fails to report the information required under paragraph (1) of this subsection is guilty of a 2
misdemeanor and on conviction is subject to: 3

(i) for a first violation, a fine not exceeding $5,000; 4

(ii) for a second violation, a fine not exceeding $20,000; and 5

(iii) for each subsequent violation, a fine not exceeding $30,000. 6

(i) An interactive computer service provider who willfully violates subsection (f) 7
of this section is guilty of a misdemeanor and on conviction is subject to: 8

(1) for a first violation, a fine not exceeding $5,000; 9

(2) for a second violation, a fine not exceeding $20,000; and 10

(3) for each subsequent violation, a fine not exceeding $30,000. 11

(j) An interactive computer service provider who willfully violates subsection (f) 12
or (h) of this section may be pro secuted, indicted, tried, and convicted in any county in or 13
through which: 14

(1) the interactive computer service provider provides access to the 15
Internet; 16

(2) any communication from the interactive computer service provider 17
traveled; or 18

(3) the com munication from the interactive computer service provider 19
originated or terminated. 20

(k) (1) This section does not impose a duty on an interactive computer service 21
provider actively to monitor its service or affirmatively to seek evidence of an item of child 22
[pornography] SEXUAL ABUSE MATERIAL on its service. 23

(2) This section does not apply to the interactive computer service 24
provider’s transmission or routing of, or intermediate temporary storage or caching of, an 25
image, information, or data that otherwise is subject to this section. 26

(l) An interactive computer service provider may not be held liable for any action 27
taken in good faith to comply with this section. 28

Article – Criminal Procedure 29

2–503. 30

HOUSE BILL 1294 9

(a) (1) A police officer or other employee or agent of a law enforcement agency 1
may not, in the furtherance of a criminal investigation: 2

(i) use facial recognition technology to investigate a crime other 3
than the commission of or the attempt to commit: 4

4. a child [pornography] SEXUAL ABUSE MATERIAL offense 5
under § 11–207 of the Criminal Law Article; 6

Article – Education 7

23–506.1. 8

(a) (1) In this section the following words have the meanings indicated. 9

(2) “Child [pornography”] SEXUAL ABUSE MATERIAL” means a violation 10
of § 11–207 of the Criminal Law Article. 11

(3) “Obscene” has the meaning stated in § 11 –203 of the Criminal Law 12
Article. 13

(b) On or before January 1, 2001, each county or board of trustees of a county 14
library shall: 15

(1) Adopt and im plement policies and procedures to prevent minors from 16
obtaining access through the library, by means of the Internet, the World Wide Web, 17
Usenet, or any other interactive computer service to materials that are obscene or 18
constitute child [pornography] SEXUAL ABUSE MATERIAL; and 19

(2) Submit the policies and procedures required under this section to the 20
State Librarian for review. 21

(c) The State Librarian or a designee of the State Librarian shall regularly 22
monitor the county libraries to determine whether each library is complying with the 23
policies and procedures adopted for preventing a minor from obtaining Internet access to 24
obscene materials through the library. 25

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 26
October 1, 2026. 27