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MD SB360

Revenge Porn - Definition of Visual Representation and Civil Action


summary

Introduced
01/17/2025
In Committee
04/02/2025
Crossed Over
03/12/2025
Passed
04/07/2025
Dead
Signed/Enacted/Adopted
04/22/2025

Introduced Session

2025 Regular Session

Bill Summary

Defining the term "visual representation" as it relates to the crime of revenge porn to be an unaltered image of the person or an image created with or without using other existing depictions of the person that is indistinguishable from the person, from the perspective of an ordinary person; and authorizing a person to bring a civil action for revenge porn.

AI Summary

This bill amends Maryland law to expand the legal definition of "visual representation" in the context of revenge porn and provide additional civil remedies for victims. The bill defines a "visual representation" as either an unaltered image of a person or an image created with or without using other existing depictions that is indistinguishable from the person from an ordinary person's perspective, which includes computer-generated images but excludes artistic representations like drawings, cartoons, sculptures, and paintings. The legislation authorizes a person whose visual representation has been distributed without consent to bring a civil action for defamation per se or invasion of privacy against anyone who distributed the image, with the potential for the court to award reasonable attorney's fees to a prevailing plaintiff. The bill maintains existing criminal penalties for knowingly distributing intimate or sexually explicit images without consent, with potential imprisonment up to two years and/or a fine up to $5,000. Additionally, the bill includes provisions to protect victims' privacy by limiting public access to visual representations that are part of court records related to such cases. These changes aim to provide stronger legal protections against non-consensual sharing of intimate images, often referred to as "revenge porn," and offer victims more robust mechanisms for seeking legal recourse.

Committee Categories

Justice

Sponsors (2)

Last Action

Approved by the Governor - Chapter 219 (on 04/22/2025)

bill text


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