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Read. Follow. Verify.Maryland raises age threshold for child depiction offenses, increases penalties, and authorizes civil lawsuits
Last action · February 12, 2026: Hearing 3/03 at 1:00 p.m.Sponsor: Joanne Benson
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What This Bill Would Do
Senate Bill 736 increases the protected age limit from 16 to 18 for minors in certain prohibited visual representations, doubles the criminal penalties for first-time and repeat violations, allows depicted individuals to file civil lawsuits for damages, and requires the Attorney General to issue an annual enforcement report by December 1 starting October 1, 2026.
The measure alters criminal liability and sentencing ranges for possessing, accessing, or viewing prohibited visual representations, while creating a new civil right of action for depicted individuals to seek up to $250,000 in punitive damages, attorney's fees, and actual damages regardless of whether a criminal conviction occurs.
Who It Would Affect
Groups the bill's text would affect if enacted, as described in the record. Being affected is not a position for or against it.
Minors under 18
Receive expanded legal protection under the age threshold for prohibited visual representations and gain the right to file civil actions for damages.
Law enforcement agencies
Subject to updated definitions, penalties, and new guidance protocols issued annually by the Attorney General regarding computer-generated imagery.
The Attorney General
Must compile and submit an annual report to the General Assembly regarding detection best practices, technology changes, and prosecution data.
Key Facts
- The maximum age of a child that may not be depicted in prohibited visual representations is raised from 16 to 18 years.
- First-time violations of the visual representation statute are reclassified from a misdemeanor carrying up to 5 years and $2,500 to a misdemeanor carrying up to 10 years imprisonment or a fine not exceeding $25,000, or both.
- Repeat violations are reclassified from a felony carrying up to 10 years and $10,000 to a felony carrying up to 20 years imprisonment or a fine not exceeding $50,000, or both.
- A person depicted in a prohibited visual representation is authorized to bring a civil action in a court of competent jurisdiction.
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- Civil courts may award actual damages, punitive damages up to $250,000, reasonable attorney's fees and costs, and other appropriate relief.
- A criminal conviction is explicitly stated not to be a prerequisite for maintaining a civil action.
- The Attorney General is required to submit an annual report to the General Assembly on or before December 1 providing law enforcement guidance, technology changes, and prosecution data.
- The Attorney General is authorized to partner with other state agencies or organizations to complete the annual report.
- The Act takes effect on October 1, 2026.
Frequently Asked Questions
Do victims need to wait for a criminal conviction before filing a civil lawsuit?
What does the Attorney General report need to include?
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News Coverage
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Votes, people, money & the original sourceWhere This Stands
Currently filed. The next step in the legislative lifecycle is Committee.
Procedural history
2 actions- Feb 12, 2026SenateHearing 3/03 at 1:00 p.m.
- Feb 6, 2026SenateIntroducedFirst Reading Judicial Proceedings
Version history
Only one version on file - nothing to compare yet. As later stages (committee substitute, engrossed, enrolled) are captured, the redline appears here.
View official text →Lobbying Activity
No state lobbying filings in our records match this bill. Federal lobbying reports (LDA) cover Congress, so they are not listed on state bills.
Full breakdown
Who this bill affects and the strongest case for and against it, written only from the bill’s own text.
Sponsors
Discoveries
Patterns POLISCOPE noticed across the record. These are observations to investigate, not conclusions.
Creation of Civil Remedies Alongside Criminal Statutes
The bill explicitly bridges criminal provisions with a private right of action, allowing victims to seek up to $250,000 in punitive damages independently of any criminal conviction.
Connected Entities
Sources
mgaleg.maryland.gov
Analysis Score
0–100- Significance80How much this matters to a regular citizen
- Controversy45Intensity of disagreement among stakeholders
- Entertainment10Compellingness for a non-policy-wonk reader
- Buzz40Current news / social attention level
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