Revenge Porn - Definition of Visual Representation and Civil Action

More protection for intimate-image victims

Beginning July 1, 2025, Maryland’s intimate-image law covers real images and realistic altered or computer-made images of identifiable people. Covered images show intimate parts or sexual activity; drawings, cartoons, sculptures, and paintings are excluded. The distributor must knowingly share the image and intend to harm, harass, intimidate, threaten, or coerce the person. The distributor must also know the person did not consent or recklessly disregard consent. The general offense requires a reasonable expectation of privacy; the separate realistic computer-generated image offense does not. Exceptions cover specified lawful police practices, reporting crimes, legal proceedings, and voluntary public or commercial exposure. Online services are not liable under this section for another person’s content. Violations are misdemeanors carrying up to 2 years in prison, a fine up to $5,000, or both. Victims can sue distributors for defamation per se or invasion of privacy, in addition to seeking other available relief. Courts may award reasonable attorney’s fees to victims who win. Images in court records for these cases are closed to public inspection unless a court orders otherwise. Access is limited to authorized court and government personnel, the parties, the victim, and their lawyers.