Criminal Law - Identity Fraud - Artificial Intelligence and Deepfake Representations

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[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
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SENATE BILL 8
E1 6lr0729
SB 905/25 – JPR (PRE–FILED) CF HB 184
By: Senators Hester, Love, and Hettleman Hettleman, Smith, Waldstreicher,
Charles, Folden, Henson, James, McKay, Muse, Sydnor, and West
Requested: August 26, 2025
Introduced and read first time: January 14, 2026
Assigned to: Judicial Proceedings
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: March 2, 2026

CHAPTER ______

AN ACT concerning 1

Criminal Law – Identity Fraud – Artificial Intelligence and Deepfake 2
Representations 3

FOR the purpose of prohibiting a person from utilizing certain personal identifying 4
information or engaging in certain conduct in order to cause certain harm; 5
prohibiting a person from using certain artificial intelligence or certain deepfake 6
representations for certain purposes; providing that a person who is the victim of 7
certain conduct may bring a civil action against a certa in person; and generally 8
relating to identity fraud and artificial intelligence and deepfake representations. 9

BY repealing and reenacting, with amendments, 10
Article – Criminal Law 11
Section 8–301 12
Annotated Code of Maryland 13
(2021 Replacement Volume and 2025 Supplement) 14

BY repealing and reenacting, without amendments, 15
Article – State Finance and Procurement 16
Section 3.5–801(a) and (c) 17
Annotated Code of Maryland 18
(2021 Replacement Volume and 2025 Supplement) 19

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SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
That the Laws of Maryland read as follows: 2

Article – Criminal Law 3

8–301. 4

(a) (1) In this section the following words have the meanings indicated. 5

(2) “ARTIFICIAL INTELLIGEN CE” HAS THE MEANING STAT ED IN § 6
3.5–801 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 7

(3) (I) “DEEPFAKE REPRESENTATION” MEANS A PHOTOGRAPH , A 8
FILM, A VIDEO , AN AUDIO RECORDING , A DIGITAL IMAGE , A PICTURE , OR A 9
COMPUTER OR COMPUTER –GENERATED IMAGE OR P ICTURE, WHETHER MADE , 10
PRODUCED, OR GENERATED BY ELEC TRONIC, MECHANICAL, OR OTHER MEANS , 11
THAT IS INDISTINGUISHABLE FROM AN ACTUAL AND IDENTIFIABLE HUMAN BEING. 12

(II) “DEEPFAKE REPRESENTATI ON” DOES NOT INCLUDE 13
IMAGES OR ITEMS DEPICTING HUMAN BEINGS THAT ARE: 14

1. DRAWINGS; 15

2. CARTOONS; 16

3. SCULPTURES; OR 17

4. PAINTINGS. 18

(4) “HARM” MEANS: 19

(I) PHYSICAL INJURY; 20

(II) SERIOUS EMOTIONAL DISTRESS; OR 21

(III) ECONOMIC DAMAGES. 22

[(2)] (5) “Health care” means care, services, or supplies related to the 23
health of an individual that includes the following: 24

(i) preventative, diagnostic, therapeutic, rehabilitative, 25
maintenance care, palliative care and counseling, service assessment, or procedure: 26

1. with respect to the physical or mental condition or 27
functional status of an individual; or 28
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2. that affects the structure or function of the body; and 1

(ii) the sale or dispensing of a drug, device, equipment, or other item 2
in accordance with a prescription. 3

[(3)] (6) “Health information” means any information, whether oral or 4
recorded in any form or medium, that: 5

(i) is created or received by: 6

1. a health care provider; 7

2. a health care carrier; 8

3. a public health authority; 9

4. an employer; 10

5. a life insurer; 11

6. a school or university; or 12

7. a health care clearinghouse; and 13

(ii) relates to the: 14

1. past, present, or future physical or mental health or 15
condition of an individual; 16

2. provision of health care to an individual; or 17

3. past, present, or future payment for the provision of health 18
care to an individual. 19

(7) (I) “INDISTINGUISHABLE FROM AN ACTUAL AND IDENTIFIABLE 20
HUMAN BEING” MEANS AN IMAGE AN OR DINARY PERSON WOULD CONCLUDE IS OF 21
AN ACTUAL AND IDENTIFIABLE HUMAN BEING. 22

(II) “INDISTINGUISHABLE FROM AN ACTUAL AND IDENTIFIABLE 23
HUMAN BEING ” INCLUDES AN IMAGE TH AT IS COMPUTER –GENERATED AND HAS 24
BEEN CREATED , ADAPTED, OR MODIFIED TO APPEA R AS AN ACTUAL AND 25
IDENTIFIABLE HUMAN BEING. 26

[(4)] (8) “Interactive computer service” means an information service, 27
system, or access software provider that provides or enables computer access by multiple 28
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users to a computer server, including a system that provides access to the Internet and 1
cellular phones. 2

[(5)] (9) “Payment device number” has the meaning stated in § 8 –213 of 3
this title. 4

[(6)] (10) (i) “Personal identifying information” includes a name, 5
address, telephone number, driver’s license number, Social Security number, place of 6
employment, employee identification number, health insurance identification number, 7
medical identification number, mother’s maiden name, bank or other financial institution 8
account number, date of birth, personal identification number, unique biometric data, 9
including fingerprint, voice print, retina or iris image or other unique physical 10
representation, digital signature, credit card number, or other payment device number. 11

(ii) “Personal identifying information” may be derived from any 12
element in subparagraph (i) of this paragraph, alone or in conjunction with any other 13
information to identify a specific natural or fictitious individual. 14

[(7)] (11) “Re–encoder” means an electronic device that places encoded 15
personal identifying information or a payment device number from the magnetic strip or 16
stripe of a credit card onto the magnetic strip or stripe of a different credit card or any 17
electronic medium that allows such a transaction to occur. 18

[(8)] (12) “Skimming device” means a scanner, skimmer, reader, or any 19
other electronic device that is used to access, read, scan, obtain, memorize, or store, 20
temporarily or permanently, personal identifying information or a payment device number 21
encoded on the magnetic strip or stripe of a credit card. 22

(b) A person may not knowingly, willfully, and with fraudulent intent possess, 23
obtain, or help anoth er to possess or obtain any personal identifying information of an 24
individual, without the consent of the individual, in order to use, sell, or transfer the 25
information to get a benefit, credit, good, service, or other thing of value or to access health 26
information or health care. 27

(b–1) A person may not maliciously use an interactive computer service to disclose 28
or assist another person to disclose the driver’s license number, bank or other financial 29
institution account number, credit card number, payment device number, Social Security 30
number, or employee identification number of an individual, without the consent of the 31
individual, in order to annoy, threaten, embarrass, or harass the individual. 32

(B–2) A PERSON MAY NOT KNOWINGLY, WILLFULLY, AND WITH FRAUDULENT 33
INTENT UTILIZE THE P ERSONAL IDENTIFYING INFORMATION OF AN IN DIVIDUAL, 34
WITHOUT THE CONSENT OF THE INDIVIDUAL, IN ORDER TO CAUSE HARM. 35

(c) A person may not knowingly and willfully assume the identity of another, 36
including a fictitious person: 37
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(1) to avoid identification, apprehension, or prosecution for a crime; or 1

(2) with fraudulent intent to: 2

(i) get a benefit, credit, good, service, or other thing of value; 3

(ii) access health information or health care; [or] 4

(iii) avoid the payment of debt or other legal obligation; OR 5

(IV) HARM, HARASS, INTIMIDATE, THREATEN, OR COERCE THE 6
OTHER PERSON. 7

(d) A person may not knowingly, willfully, and with fraudulent intent to obtain a 8
benefit, credit, good, service, or other thing of value or to access health information or health 9
care, use: 10

(1) a re –encoder to place information encoded on the magnetic strip or 11
stripe of a credit card onto the magnetic strip or stripe of a different credit card or use any 12
other electronic medium that allows such a transaction to occur without the consent of the 13
individual authorized to use the credit card from which the personal identifying 14
information or payment device number is being re–encoded; or 15

(2) a skimming device to access, read, scan, obtain, memorize, or store 16
personal identifying information or a payment device number on the magnetic strip or 17
stripe of a credit card without the consent of the individual authorized to use the credit 18
card. 19

(e) A person may not knowingly, willfully, an d with fraudulent intent possess, 20
obtain, or help another possess or obtain a re–encoder device or a skimming device for the 21
unauthorized use, sale, or transfer of personal identifying information or a payment device 22
number. 23

(f) (1) A person may not know ingly and willfully claim to represent another 24
person without the knowledge and consent of that person, with the intent to solicit, request, 25
or take any other action to otherwise induce another person to provide personal identifying 26
information or a payment device number. 27

(2) A PERSON MAY NOT KNOWI NGLY, WILLFULLY, AND WITH 28
FRAUDULENT INTENT US E ARTIFICIAL INTELLI GENCE OR A DEEPFAKE 29
REPRESENTATION TO: 30

(I) IMPERSONATE, FALSELY DEPICT, OR CLAIM TO REPRESENT 31
ANOTHER PERSON WITH THE INTENT TO DEFRAU D, MISLEAD, OR CAUSE HARM TO 32
THAT PERSON OR ANY O THER PERSON CAUSE HARM TO ANOTHE R BY 33
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IMPERSONATING, FALSELY DEPICTING, OR CLAIMING TO REPRESENT THAT PERSON 1
OR ANY OTHER PERSON; OR 2

(II) CREATE OR DISTRIBUTE FALSE RECORDS WITH THE INTENT 3
TO: 4

1. CAUSE HARM TO ANOTHER PERSON; 5

2. INDUCE ANOTHER PERSO N TO PROVIDE PERSONA L 6
IDENTIFYING INFORMATION; OR 7

3. OBTAIN A BENEFIT , CREDIT, GOOD, SERVICE, OR 8
OTHER THING OF VALUE. 9

(g) (1) (i) A person who violates this section where the benefit, credit, good, 10
service, health information or health care, or other thing of value that is the subject of 11
subsection (b), [(c)] (C)(2)(I), (II), (III), or (d) of this section has a value of at least $1,500 12
but less than $25,000 is guilty of a felony and on conviction is subject to imprisonment not 13
exceeding 5 years or a fine not exceeding $10,000 or both. 14

(ii) A person who violates this section where the benefit, credit, good, 15
service, or other thing of value that is the subject of subsection (b), [(c)] (C)(2)(I), (II), (III), 16
or (d) of this section has a value of at least $25,000 but less than $100,000 is guilty of a 17
felony and on conviction is subject to imprisonment not exceeding 10 years or a fine not 18
exceeding $15,000 or both. 19

(iii) A person who violates this section where the benefit, credit, good, 20
service, or other thing of value that is the subject of subsection (b), [(c)] (C)(2)(I), (II), (III), 21
or (d) of this section has a value of $100,000 or more is guilty of a felony and on conviction 22
is subject to imprisonment not exceeding 20 years or a fine not exceeding $25,000 or both. 23

(2) A person who violates this section where the benefit, credit, good, 24
service, health information or health care, or other thing of value that is the subject of 25
subsection (b), [(c)] (C)(2)(I), (II), (III), or (d) of this section has a value of at least $100 26
but less than $1,500 is guilty of a misdemeanor and on conviction is subject to 27
imprisonment not exceeding 1 year or a fine not exceeding $500 or both. 28

(3) A person who violates this section under circumstances that reasonably 29
indicate that the person’s intent was to manufacture, distribute, or dispense another 30
individual’s personal identifying information without that individual’s consent is guilty of 31
a felony and on con viction is subject to imprisonment not exceeding 10 years or a fine not 32
exceeding $25,000 or both. 33

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(4) A person who violates subsection (b–1), (B–2), (c)(1), (C)(2)(IV), (e), or 1
[(f)] (F)(1) of this section is guilty of a misdemeanor and on conviction i s subject to 2
imprisonment not exceeding 1 year or a fine not exceeding $500 or both. 3

(5) (I) A PERSON WHO VIOLATES SUBSECTION (F)(2) OF THIS 4
SECTION INVOLVING ON E VICTIM IS GUILTY O F A FELONY AND ON CO NVICTION IS 5
SUBJECT TO IMPRISONMENT NOT EXCEEDING 5 YEARS OR A FINE NOT EXCEEDING 6
$10,000 OR BOTH. 7

(II) A PERSON WHO VIOLATES SUBSECTION (F)(2) OF THIS 8
SECTION INVOLVING TW O OR MORE VICTIMS IS GUILTY OF A FELONY A ND ON 9
CONVICTION IS SUBJECT TO IMPRISONMENT NO T EXCEEDING 10 YEARS OR A FINE 10
NOT EXCEEDING $15,000 OR BOTH. 11

[(5)] (6) When the violation of this section is pursuant to one scheme or 12
continuing course of conduct, whether from the same or several sources, the conduct may 13
be considered as one violation and the value of the benefit, credit, good, service, or other 14
thing of value may be aggregated in determining whether the violation is a felony or 15
misdemeanor. 16

(H) (1) A PERSON WHO IS THE VI CTIM OF AN ACT THAT WOULD 17
CONSTITUTE A VIOLATI ON OF SUBSECTION (F)(2) OF THIS SECTION MAY BRING A 18
CIVIL ACTION AGAINST THE PERS ON OR PERSONS WHO CO MMITTED THE ACT IN A 19
COURT OF COMPETENT JURISDICTION. 20

(2) THE COURT MAY: 21

(I) ISSUE AN INJUNCTION TO PREVENT OR RESTRA IN AN ACT 22
THAT WOULD CONSTITUT E A VIOLATION OF SUB SECTION (F)(2) OF THIS SECTION ; 23
AND 24

(II) GRANT ANY OTHER APPROPRIATE RELIEF. 25

[(h)] (I) A person described in subsection (g)(2) or (4) of this section is subject to 26
§ 5–106(b) of the Courts Article. 27

[(i)] (J) In addition to restitution under Title 11, Subtitle 6 of the Criminal 28
Procedure Article, a court may order a person who pleads guilty or nolo contendere or who 29
is found guilty under this section to make restitution to the victim for reasonable costs, 30
including reasonable attorney’s fees, incurred: 31

(1) for clearing the victim’s credit history or credit rating; 32

(2) for clearing the victim’s record or history related to health information 33
or health care; and 34
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(3) in connection with a civil or administrative proceeding to satisfy a debt, 1
lien, judgment, or other obligation of the victim that arose because of the violation. 2

[(j)] (K) A sentence under this section may be imposed separate from and 3
consecutive to or concurrent with a sentence for any crime based on the act or acts 4
establishing the violation of this section. 5

[(k)] (L) Notwithstanding any other law, the Department of State Police may 6
initiate investigations and enforce this section throughout the State without regard to any 7
limitation otherwise applicable to the Department’s activities in a municipal corporation or 8
other political subdivision. 9

[(l)] (M) (1) Notwithstanding any other law, a law enforcement officer of the 10
Maryland Transportation Authority Police, the Maryland Port Administration Police, the 11
Park Police of the Maryland –National Capital Park and Planni ng Commission, or a 12
municipal corporation or county may investigate violations of this section throughout the 13
State without any limitation as to jurisdiction and to the same extent as a law enforcement 14
officer of the Department of State Police. 15

(2) The authority granted in paragraph (1) of this subsection may be 16
exercised only in accordance with regulations that the Department of State Police adopts. 17

(3) The regulations are not subject to Title 10, Subtitle 1 of the State 18
Government Article. 19

(4) The authority granted in paragraph (1) of this subsection may be 20
exercised only if an act related to the crime was committed in the investigating law 21
enforcement agency’s jurisdiction or if the complaining witness resides in the investigating 22
law enforcement agency’s jurisdiction. 23

[(m)] (N) If action is taken under the authority granted in subsection [(l)] (M) of 24
this section, notification of an investigation: 25

(1) in a municipal corporation, shall be made to the chief of police or 26
designee of the chief of police; 27

(2) in a county that has a county police department, shall be made to the 28
chief of police or designee of the chief of police; 29

(3) in a county without a police department, shall be made to the sheriff or 30
designee of the sheriff; 31

(4) in Ba ltimore City, shall be made to the Police Commissioner or the 32
Police Commissioner’s designee; 33

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(5) on property owned, leased, or operated by or under the control of the 1
Maryland Transportation Authority, the Maryland Aviation Administration, or the 2
Maryland Port Administration, shall be made to the respective chief of police or the chief’s 3
designee; and 4

(6) on property owned, leased, or operated by or under the control of the 5
Maryland–National Capital Park and Planning Commission, to the chief of polic e of the 6
Maryland–National Capital Park and Planning Commission for the county in which the 7
property is located. 8

[(n)] (O) When acting under the authority granted in subsection [(k)] (L) or [(l)] 9
(M) of this section, a law enforcement officer: 10

(1) in addition to any other immunities and exemptions to which the officer 11
may be entitled, has the immunities from liability and exemptions accorded to a law 12
enforcement officer of the Department of State Police; but 13

(2) remains an employee of the officer’s employing agency. 14

[(o)] (P) (1) A State’s Attorney or the Attorney General may investigate and 15
prosecute a violation of this section or a violation of any crime based on the act establishing 16
a violation of this section. 17

(2) If the Attorney General exercises authority under paragraph (1) of this 18
subsection, the Attorney General has all the powers and duties of a State’s Attorney, 19
including the use of a grand jury in any county or Baltimore City, to investigate and 20
prosecute the violation. 21

[(p)] (Q) Notwithstanding any other provision of law, the prosecution of a 22
violation of this section or for a violation of any crime based on the act establishing a 23
violation of this section may be commenced in any county in which: 24

(1) an element of the crime occurred; or 25

(2) the victim resides. 26

Article – State Finance and Procurement 27

3.5–801. 28

(a) In this subtitle the following words have the meanings indicated. 29

(c) “Artificial intelligence” means a machine–based system that: 30

(1) can, for a given set of human–defined objectives, make predictions, 31
recommendations, or decisions influencing real or virtual environments; 32

10 SENATE BILL 8

(2) uses machine and human –based inputs to perceive real and virtual 1
environments and abstracts those perceptions into models through analysis in an 2
automated manner; and 3

(3) uses model inference to formulate options for information or action. 4

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 5
October 1, 2026. 6

Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.