§ 16–905
Statutes in effect as of October 1, 2026.
Md. Code Ann., Election Law § 16-905 (2026)
Title 16. Offenses and Penalties
Subtitle 9. Other Offenses
§ 16–905LinkCopy Citation
(a)
(1)
In this section the following words have the meanings indicated.
(2)
“Deepfake” means an image, an audio recording, or a video recording that has been intentionally created or manipulated with the use of generative artificial intelligence or other digital technology to create a realistic but false depiction of a person that an ordinary person would conclude is an actual visual or audio representation of the person depicted.
(3)
“Influence” has the meaning stated in § 16–201 of this title.
(b)
This section does not apply:
(1)
with respect to a deepfake that is satire or parody;
(2)
to a radio or television broadcasting station, including a cable or satellite television operator, programmer, or producer, or an affiliate of the radio or television broadcasting station, that broadcasts a deceptive and fraudulent deepfake if:
(i)
the broadcast is required by the federal law that requires broadcasters to air advertisements from legally qualified candidates;
(ii)
the broadcast is part of a bona fide newscast, a news interview, a news documentary, or on–the–spot coverage of bona fide news events; or
(iii)
the broadcaster has been paid to broadcast the deepfake;
(3)
to a website or regularly published newspaper, magazine, or other periodical of general circulation, including an Internet or electronic publication, that routinely carries news and commentary of general interest and that publishes a deceptive and fraudulent deepfake; or
(4)
to any online publisher or service provider for acts that would be subject to immunity under 47 U.S.C. § 230.
(c)
A person may not knowingly or with reckless disregard create, use, or disseminate a deepfake to produce materially false information if:
(1)
the person has the intent to use the deepfake to:
(i)
impede, influence, prevent, or attempt to impede, influence, or prevent a voter’s decision to cast a ballot;
(ii)
misrepresent facts relating to voter registration, voting methods, election results, electoral processes, or official duties of an election official;
(iii)
induce or attempt to induce another individual to sign or not sign a petition for a question to appear on a ballot; or
(iv)
influence or attempt to influence a voter’s decision whether to vote for or against a candidate or ballot issue; and
(2)
the creation, use, or dissemination of the deepfake results, or has the intent to result, in harm to a voter, potential voter, or petition.
(d)
A person who violates subsection (c) of this section is guilty of a misdemeanor and on conviction is subject to a fine of not more than $5,000 or imprisonment for not more than 5 years or both.