Maryland Lawmakers Target AI Child Exploitation With “Safe Kids Act”

By MDBayNews Staff

A bipartisan group of Maryland lawmakers is moving to close a growing legal gap surrounding online child exploitation, as artificial intelligence and deepfake technology rapidly outpace existing laws.

Earlier this week, Delegate LaToya Nkongolo (R–Anne Arundel) announced the introduction of the Safe Kids Act, formally known as House Bill 924, legislation aimed at holding online platforms accountable for hosting or profiting from child exploitation material — including AI-generated images that use a real child’s likeness.

Closing a Major Legal Loophole

Under current Maryland law, enforcement largely focuses on individuals who create, possess, or view child pornography. The Safe Kids Act takes a different approach by targeting the platforms themselves — particularly websites that host, distribute, or monetize exploitative content.

The bill establishes a new civil cause of action, allowing parents or guardians to sue platforms that knowingly host or profit from child exploitation material. Supporters argue this approach recognizes that large tech and adult-content platforms often act as facilitators, not passive bystanders.

“This bill treats platforms as part of the harm when they profit from hosting these images,” Nkongolo said in a statement accompanying the announcement.

Addressing AI-Generated Abuse

A central feature of the legislation is its explicit inclusion of AI-generated or computer-created images that depict minors — even when no physical abuse occurred in the creation process. Deepfake technology has made it possible to generate realistic sexualized images of children using real photos, a practice that experts warn causes lasting harm despite the absence of a traditional crime scene.

The bill updates Maryland’s statutory definitions to ensure AI-generated images created using a child’s likeness are treated the same as traditional exploitation material.

Aligning With Federal Standards

HB 924 also raises the age threshold for child exploitation offenses from 16 to 18, bringing Maryland law in line with federal standards and strengthening protections for older minors who are often overlooked in existing statutes.

Enforcement authority would extend to the Maryland Attorney General, enabling investigations and civil penalties against violators.

What the Law Does vs. What It Doesn’t

What the Safe Kids Act DOES

• Allows parents or guardians to sue platforms that knowingly host, distribute, or profit from child exploitation material.
• Covers AI-generated and deepfake images that use a real child’s likeness, even if no physical abuse occurred in the creation process.
• Expands accountability beyond end-users, recognizing that platforms can be part of the harm when they monetize exploitative content.
• Aligns Maryland law with federal standards by treating individuals under 18 as protected minors.
• Authorizes enforcement by the Maryland Attorney General, including civil actions against violators.

What the Safe Kids Act DOES NOT

• Does not criminalize lawful speech or artistic expression unrelated to sexual exploitation of minors.
• Does not punish parents, educators, or journalists for legitimate reporting, advocacy, or educational use of images.
• Does not target social media platforms for general content moderation failures unless child exploitation material is involved.
• Does not eliminate due process protections for accused parties or platforms.
• Does not impose blanket liability on tech companies without evidence of hosting, distribution, or profit from prohibited material.

Bipartisan Cooperation — and a Broader Push

Although sponsored primarily by Republicans, the legislation has drawn bipartisan support. Senator Shaneka Henson (D–Prince George’s) is sponsoring the Senate companion bill, a collaboration Nkongolo highlighted as evidence that child protection remains a shared priority.

Nkongolo has also framed the Safe Kids Act as part of a broader effort to address online harms facing minors, including concerns over pornography exposure, addiction, and mental health impacts among adolescents.

What Comes Next

As of this week, HB 924 has been referred to the House Judiciary Committee and has not yet received a hearing. While some civil-liberties advocates may raise questions about platform liability and enforcement scope, supporters argue the bill reflects a necessary recalibration — shifting responsibility toward powerful companies that profit from digital content ecosystems.

At a time when technology is moving faster than regulation, Maryland lawmakers appear determined to ensure the law keeps pace — and that protecting children remains non-negotiable.

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