Is Possessing AI-Generated Child Porn a Criminal Offense in Maryland?

 Posted on September 10, 2026 in Sex Crimes

Possession, distribution, and production of child porn are criminal offenses with severe penalties in Maryland. However, in the age of AI, the landscape of pornography is rapidly shifting. For those accused of a crime related to child pornography, it's important to understand what the law will and will not tolerate.

If you're facing this kind of investigation in 2026, a Harford County, MD criminal defense attorney can explain what the facts of your case mean for you.

What Does Maryland's Child Pornography Law Prohibit?

Maryland Criminal Law Sections 11-207 and 11-208 make it a crime to knowingly possess, distribute, or produce a visual representation of a minor engaged in sexual conduct or sadomasochistic abuse. The laws do not require the image to be a photograph of a real child taken during actual abuse. This means that certain edited or computer-generated images, such as those created by AI, can be considered child pornography.

Images that are intended to make someone believe that a minor is engaged in sexual conduct are also considered porn. Drawings, cartoons, sculptures, or paintings are not included.

Does Maryland Law Treat AI-Generated Child Porn Differently if it Doesn't Show a Real Child?

How state and federal courts handle AI-generated child pornography is an actively evolving area of the law. As of 2026, Maryland law applies to child sexual abuse material (CSAM) that shows an actual child or a computer-generated imagethat is "indistinguishable from an actual and identifiable child" (Maryland Criminal Law Section 11-208). In other words, photorealistic AI-generated images can fall under the law if an ordinary person would believe they show an actual, identifiable minor.

A recent  Seventh Circuit Court of Appeals case also addressed AI-generated CSAM under federal law. The court upheld the dismissal of a possession charge involving AI-generated images that did not depict real children. Judge John Z. Lee noted concerns about how older Supreme Court rulings apply to today's AI technology. It is possible that, going forward, more specific amendments regarding AI will be made to federal and state laws.

Because AI technology is developing quickly, the way these laws apply to different types of AI-generated material can raise complicated legal questions. Someone facing charges involving AI-generated images should speak with a criminal defense attorney about the specific facts of the case.

Does It Matter Whether You Created, Shared, or Viewed AI Child Porn in Maryland?

Maryland's law typically treats creation, sharing, and viewing of child porn differently. Simply possessing an image is typically treated less harshly than distributing or producing one. Creating an image, including with AI tools, can potentially be treated as production. Sharing an image with someone else can be charged as distribution.

What Are the Penalties for an AI-Generated Child Pornography Conviction in Maryland?

As with other child pornography cases, the penalties for AI-generated child pornography in Maryland depend on the charge. A first conviction for possessing or viewing child pornography can lead to up to five years in prison, a fine of up to $2,500, or both. A repeat conviction is a felony and can lead to up to 10 years in prison and a fine of up to $10,000. Producing or distributing child pornography carries harsher penalties. A first conviction can lead to up to 10 years in prison, a fine of up to $25,000, or both.

Starting October 1, 2026, Maryland law also makes certain cases felonies if they involve more than 100 images or images of a child under 13. These offenses can carry up to 10 years in prison.

How Can Evidence of AI-Generated Child Porn Be Challenged in Maryland?

How evidence was gathered is important in criminal defense cases. This includes digital evidence. Possible weak points in the prosecution's case include:

• Whether a search warrant was properly supported
• Whether a device was examined by a qualified expert
• Whether anyone else had access to the device or account in question

A thorough review by your attorney could lead to evidence being kept out of court or charges being dismissed.

What Should You Do if You're Under Investigation for Child Pornography in Maryland?

The first thing you should do is contact a defense attorney with experience in defending sex crimes. Avoid talking to investigators without an attorney present. Do not delete any files or accounts on any of your devices. Deleting evidence after learning about an investigation could lead to a separate charge for tampering with evidence.

Avoid discussing the case with anyone besides your attorney. Don't post on social media or exchange electronic communications with anyone about the charges. These messages could later be used by prosecutors.

Call a Northern Baltimore County, MD Sex Crime Defense Attorney Today

If you're accused of child pornography crimes, you need to secure a strong defense. Our firm has helped over 10,000 clients navigate the Maryland criminal justice system. We offer custom flat fees to make our services more accessible.

Call Baltimore Legal Services at 858-523-8423 for a free consultation with our Harford County, MD criminal defense lawyer today. We're available to take calls 24/7.