Revenge Porn Laws in Maryland (2026): Your Rights and What to Do

Maryland makes it a crime to distribute a private image of someone without consent under Criminal Law § 3-809, with tougher penalties where the victim is a minor or the distributor profited from it. A 2025 amendment extended the law to computer-generated images and added a civil action for defamation in that context, giving victims of certain deepfakes a direct route to court.

Maryland at a Glance

Statute: Revenge Porn Prohibited — Md. Code, Criminal Law § 3-809
Criminal classification: Misdemeanor; enhanced penalty where the victim is a minor or the distribution is for financial gain
Maximum penalty: Up to 2 years' imprisonment and/or a $5,000 fine; up to 3 years and/or a $10,000 fine for the enhanced offense
Can you sue?: Yes — Md. Code, Criminal Law § 3-809 (civil action for defamation added by 2025 Ch. 219, Senate Bill 360, for certain computer-generated images) and general tort remedies
Time limit to sue: Generally three years for most civil tort claims under Md. Code, Cts. & Jud. Proc. § 5-101
Deepfakes / AI images: Covered

Is Revenge Porn Illegal in Maryland?

Yes. Md. Code, Criminal Law § 3-809 makes it a crime to knowingly distribute a visual representation of another identifiable person that displays that person's intimate parts or shows them engaged in sexual conduct, where the person did not consent to the distribution and had a reasonable expectation of privacy.

The statute requires that the distribution be done with the intent to harm, harass, intimidate, threaten or coerce the person depicted, or with reckless disregard for the substantial risk that it would cause them harm. 'Distribute' is defined broadly to cover giving, selling, transferring, publishing, uploading, circulating or otherwise making the image available to anyone.

A 2025 amendment (Senate Bill 360, Chapter 219) expanded the definition of 'visual representation' to reach certain images that are computer-generated or altered, closing a gap that previously left some deepfake-style content outside the statute.

Penalties for Sharing Intimate Images in Maryland

A first offense under § 3-809 is a misdemeanor punishable by up to 2 years' imprisonment, a fine of up to $5,000, or both.

Where the victim is a minor, or where the person distributed the image for financial gain, the offense carries an enhanced penalty of up to 3 years' imprisonment, a fine of up to $10,000, or both.

Related Maryland offenses can apply on the same facts, including harassment, stalking under Criminal Law § 3-802, extortion, and visual surveillance offenses where the image was recorded secretly in a private place.

Can I Sue Someone in Maryland?

Maryland's 2025 amendment created a civil action for defamation where a person distributes a computer-generated visual representation of another that meets the statute's criteria, giving victims of certain deepfakes a direct civil remedy alongside the criminal case.

Outside that specific route, Maryland victims can typically pursue existing tort claims such as invasion of privacy, intentional infliction of emotional distress, and harassment, and can seek an injunction to have images taken down. If a written agreement existed between you and the other person, evidence that it was breached can support a related contract claim, though it never itself prevents someone from sharing images unlawfully.

Maryland's general limitation period for most civil tort claims is three years under Cts. & Jud. Proc. § 5-101, so it is important to talk to a Maryland attorney promptly about which claims fit your situation and their applicable deadlines.

Does Maryland Cover Deepfakes and AI Images?

Partially, and more so since 2025. Senate Bill 360 (Chapter 219) amended § 3-809's definition of 'visual representation' to include certain computer-generated depictions of a person, and added a companion civil action for defamation where such an image is distributed under qualifying circumstances.

Because this expansion is recent, how broadly it will be applied by courts is still developing. The federal TAKE IT DOWN Act separately requires covered platforms to remove reported nonconsensual intimate images, including AI-generated ones, within 48 hours of a valid request, which can help regardless of how a particular deepfake is charged under state law.

What to Do Right Now If Your Images Were Shared in Maryland

1
Preserve the Evidence Before Reporting It
Take screenshots showing the post, the account name, the full URL, and the date and time. Save original files and messages, and keep copies somewhere the other person cannot access or delete.
2
Use the Platform's Intimate-Image Report
Report through the platform's dedicated nonconsensual intimate imagery process rather than a general complaint, and keep any confirmation emails or case numbers. Covered platforms also have federal removal duties for valid reports.
3
Use StopNCII.org to Limit Re-Uploads
For adult images, StopNCII.org creates a digital fingerprint on your device and shares only that hash with participating platforms. If you were under 18 when the image was taken, use NCMEC's Take It Down service instead.
4
Report It in Maryland
Contact your local police department and reference Criminal Law § 3-809, noting whether the image was computer-generated under the 2025 amendment. Flag any related stalking, extortion or harassment, and any images involving a minor.
5
Get Advice About the Civil Claim
Ask a Maryland attorney about the § 3-809 civil action for defamation involving computer-generated images, other applicable tort claims, and whether a written agreement was breached as evidence there was no consent to share.

Be Safer With a Written NDA as Evidence

Most of Maryland's law is about what happens after the damage is done. The one thing you can do beforehand is put the boundary in writing. A Discreetly agreement is signed by both people, timestamped, and identity-verifiable, and it states plainly that neither person has consent to share, publish or show the material to anyone else.

Where the law turns on the absence of consent to share, a signed agreement may provide useful documentary evidence that there was no consent to share. It cannot prevent a breach or guarantee a legal outcome, but it can make the agreed boundary clearer than relying only on informal messages. Creating one is free.

Create a free agreement

Maryland: Frequently Asked Questions

Is revenge porn a felony in Maryland?

No. § 3-809 is charged as a misdemeanor, though the enhanced version involving a minor victim or financial gain carries up to 3 years' imprisonment and a $10,000 fine.

Does Maryland law cover AI deepfake nudes?

Since a 2025 amendment, yes for certain computer-generated images, which now fall within the definition of 'visual representation' and can support both a criminal charge and a new civil defamation action.

Can I sue someone in Maryland for sharing intimate images?

Maryland created a specific civil action for defamation for qualifying computer-generated images in 2025, and victims can also generally pursue existing tort claims like invasion of privacy.

What has to be proven for the criminal charge?

The prosecution must show the person knowingly distributed the image without consent, that the victim had a reasonable expectation of privacy, and that the distributor intended to harm or harass them, or acted with reckless disregard of that risk.

What if the images involve a minor?

Cases involving a minor are charged under the enhanced version of § 3-809 or under Maryland's child pornography statutes, which carry far more serious penalties.

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This page provides general information about Maryland law and is not legal advice. Laws change and outcomes depend on the facts. For advice on your situation, speak to a qualified attorney licensed in Maryland. Last reviewed August 2026.