Criminal Law – Identity Fraud – Artificial Intelligence and Deepfake Representations

This Maryland bill, SB 905, establishes criminal penalties for using artificial intelligence or deepfake technology to commit identity fraud or cause harm to individuals. The law specifically prohibits creating or using realistic digital images, videos, or audio recordings that appear to show real people for fraudulent purposes, while excluding artistic works like drawings and paintings from this definition. Key provisions include defining what constitutes "harm" as physical injury, serious emotional distress, or economic damages, and expanding the scope of protected personal identifying information to include biometric data like voice prints and retina images. Additionally, the bill allows victims of such conduct to file civil lawsuits against those who misuse deepfake representations for fraudulent activities.