AI Frontier Institute

Criminal Law - Identity Fraud - Artificial Intelligence and Deepfake Representations

View primary source →

Maryland Chapter 445 (Senate Bill 8) amends the state identity fraud law, Criminal Law § 8–301, to address harm caused by misuse of personal information, artificial intelligence, and deepfakes. It defines "artificial intelligence" by reference to State Finance and Procurement § 3.5–801. It defines "deepfake representation" as a photograph, film, video, audio recording, digital image, picture, or computer-generated image that is indistinguishable from an actual and identifiable human being. Drawings, cartoons, sculptures, and paintings are excluded. "Indistinguishable" means an image an ordinary person would conclude is of an actual and identifiable human being. "Harm" means physical injury, serious emotional distress, or economic damages. New § 8–301(b–2) bars knowingly, willfully, and with fraudulent intent using another person's personal identifying information without consent to cause harm. That offense is a misdemeanor carrying up to 1 year in prison, a fine of up to $500, or both. Subsection (c) is expanded to bar assuming another's identity with fraudulent intent to harm, harass, intimidate, threaten, or coerce that person; this is also a misdemeanor. New subsection (f)(2) bars knowingly, willfully, and with fraudulent intent using AI or a deepfake representation to impersonate, falsely depict, or claim to represent another person in order to cause harm. It also bars creating or distributing false records intended to cause harm, to induce someone to give up personal identifying information, or to obtain a benefit, credit, good, service, or other thing of value. A (f)(2) violation involving one victim is a felony with up to 5 years in prison, a fine of up to $10,000, or both. A violation involving two or more victims is a felony with up to 10 years, a fine of up to $15,000, or both. New subsection (h) lets a victim of conduct that would violate (f)(2) bring a civil action against those who committed it. The court may issue an injunction and grant any other appropriate relief. Remaining subsections are relettered, and the Act takes effect October 1, 2026.

← Back to the tracker