The rise of artificial intelligence has brought dramatic changes to nearly every part of life—including the creation of explicit content. Known as AI porn, this technology can generate realistic, pornographic images or videos that often use the likenesses of real people, sometimes without their consent. And in Maryland, lawmakers have taken notice.
If you’re facing charges—or believe you may be under investigation—involving AI-generated pornographic material, it’s important to understand what’s at stake under Maryland law, especially with the passage of Senate Bill 360.
What Is AI Porn?
AI porn refers to any sexually explicit content created with artificial intelligence, including:
- Deepfake videos that place someone’s face onto another person’s body in a pornographic video
- Fully synthetic pornographic images generated by tools like Stable Diffusion or Midjourney
- Animated or cartoon-style pornography designed to look like real individuals
- AI-generated depictions of minors engaged in sexual activity (which is always illegal)
While some people view this content as “fictional” or “harmless,” Maryland law—and public opinion—is rapidly shifting to treat it as a serious privacy violation and, in some cases, a criminal offense.
Maryland Senate Bill 360: A Legal Turning Point
As of July 1, 2025, Maryland Senate Bill 360 (SB 360) officially expanded the state’s revenge porn law to include AI-generated sexual imagery.
Under the revised law:
- It is illegal to distribute nonconsensual intimate images, including deepfakes or AI-generated content that appears real to an ordinary viewer.
- The definition of “visual representation” now explicitly includes synthetic or computer-generated media, even if no actual photograph or video was used.
- Victims have the right to file civil lawsuits for damages, attorney’s fees, and emotional distress.
Key takeaway: You don’t have to film or photograph a real person to face legal consequences. If the content looks real—and was created or shared without that person’s consent—it may violate Maryland law.
When AI Porn Becomes a Crime in Maryland
There are several ways AI porn can trigger criminal or civil liability in Maryland:
1. Nonconsensual Deepfake Porn
If you create or share a deepfake pornographic video of someone—whether it’s a public figure or a private individual—you could be charged under Criminal Law § 3-809, especially after the SB 360 amendment. This includes:
- Sharing the content online or via messaging apps
- Creating fake porn for harassment or extortion
- Sending deepfake material to the depicted individual
Penalties may include up to two years in jail and a $5,000 fine—plus civil damages.
2. AI-Generated Child Pornography
Even if no real child is involved, Maryland law prohibits the possession, distribution, or creation of visual material depicting minors engaged in sexual conduct. Under Criminal Law § 11-208 and federal law (18 U.S.C. § 1466A), AI-generated child sexual abuse material (CSAM) is a felony, punishable by:
- Years in prison
- Mandatory sex offender registration
- Lifetime consequences
3. Harassment and Identity Misuse
Using AI porn to threaten, embarrass, or control someone may also result in:
- Harassment charges under Criminal Law § 3-805
- Electronic communication misuse
- Identity fraud if personal data or likeness was used without consent
These offenses can result in jail time, protective orders, and long-term criminal records.
Legal Defenses to AI Porn Charges
If you’re facing an investigation or formal charges involving AI porn, defenses may include:
- Lack of intent (e.g., no knowledge the content was nonconsensual)
- Consent of the depicted individual
- Content doesn’t meet legal definition of “intimate” or “realistic”
- Unlawful search or seizure of digital devices
However, because the law is still evolving, each case is fact-specific and may hinge on technical forensic evidence.
What Should You Do If Accused?
If you are contacted by police, receive a subpoena, or learn you are the subject of a revenge porn or AI porn complaint:
- Do not delete any content—this could be considered destruction of evidence.
- Do not speak to law enforcement without a lawyer present.
- Secure legal representation immediately.
AI porn allegations often involve digital forensics, subpoenas to online platforms, and federal implications. You need a defense attorney who understands both the technology and the law.
Speak With a Southern Maryland Criminal Lawyer Today
At Southern Maryland Criminal Defense, we represent individuals facing serious accusations—including cases involving AI porn, deepfake imagery, and online harassment. We understand the complexity of these emerging laws and how to build a strong defense in cases involving new technologies.
We serve clients in:
- Charles County
- Prince George’s County
- Calvert County
- St. Mary’s County
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