Recent Legal Changes Addressing Revenge Porn in Maryland

 Posted on June 26, 2025 in Criminal Defense

The legal landscape surrounding tackling the non-consensual sharing of intimate images is evolving rapidly out of necessity. Both Maryland’s state government and the federal government have introduced new measures aimed at protecting victims and holding online platforms accountable for revenge pornography. If you are, or fear you might soon be, facing accusations of revenge pornography, an experienced Bel Air, MD revenge pornography defense attorney can help you understand how these updates could impact your defense strategy.

Revenge Pornography Law Changes in Maryland

Maryland House Bill 1248 (HB1248) is a newly introduced bill that focuses on addressing the non-consensual distribution of intimate images or depictions. The aim is to stop the creation and distribution of revenge porn by requiring online platforms, like social media companies, to establish procedures for individuals to request the removal of this content as quickly as possible. The law is an update to Maryland Criminal Law §3–809, potentially broadening the scope of what can be considered unlawful distribution.

Potential penalties under HB1248 include up to two years in prison and a fine of up to $5,000. If passed, the law will take effect on October 1, 2025, giving social media platforms time to implement the necessary processes for monitoring online activity and removing illegal images.

Maryland Senate Bill 360 (SB360) is currently on the governor’s desk and will likely take effect on July 1, 2025. It redefines the term "visual representation" in relation to the crime of revenge pornography to now include computer-generated visuals, known as deepfakes, that are indistinguishable from real depictions. This excludes cartoons, sculptures, and paintings. This is another update to the § 3‑809 statute.

Understanding the Federal TAKE IT DOWN Act

The federal TAKE IT DOWN Act was signed into law in April 2025 as an amendment to the Communications Act. The purpose of this new law is to criminalize the distribution of non-consensual intimate images, including deepfakes. Under this law, platforms have 48 hours from the time that a valid report is made to take down revenge porn.

How a Criminal Defense Lawyer Can Help in a Revenge Porn Case

If you have been accused of distributing intimate images without consent, your attorney will work with you to build a strong defense considering all state and federal laws that apply. Some common defenses include:

• Lack of intent to harm or harass: Arguing that the distribution was accidental or done without the intent to harm, you can challenge the prosecution’s case.

• Consent: Proving informal or verbal consent can be difficult, but if you can show that the person in the image consented to the distribution, this would be a valid defense.

• Non-identifiable person: You may be able to argue that the person in the image cannot be reasonably identified.

• Insufficient evidence of distribution: You could potentially challenge whether the prosecution can definitively prove that the images were actually distributed by you.

• Mistaken identity: If you were falsely accused of distributing the image and can prove someone else was responsible, your attorney could argue that the charges should be dropped.

Schedule a Free Consultation With a Towson, MD Revenge Porn Defense Attorney

If you are facing accusations related to revenge porn, you need an aggressive, experienced Glen Burnie, MD revenge pornography defense attorney who understands the evolving laws and can protect your rights. At Seger Law, LLC, we know how complex these cases can be and will build a strong defense to combat the charges. Call 443-208-4692 to schedule a free consultation with us today.