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Prosecutors urge tougher penalties for possession of vast CSAM collections; defenders caution on new crimes
Summary
HB 670 would raise penalties for possession of child sexual abuse material when images depict children under 13 or when 100+ images are possessed; prosecutors emphasized unsustainable volume and AI‑generated material, while the Public Defender urged restraint on creating new criminal categories.
Delegate Gabriel Moreno asked the Judiciary Committee to modernize Maryland’s CSAM statutes in House Bill 670, arguing current law treats possession of child sexual abuse material the same regardless of the age depicted or volume possessed.
Prosecutors and special‑victim unit chiefs described an exponential increase in the volume of images (terabytes of material) and a rise in AI‑generated imagery and urged enhanced penalties when an image depicts a child under age 13 or when a person possesses 100 or more images — a threshold the bill sets as a felony category with up to 10 years of imprisonment. "Possession of 100 or more images would also trigger the enhanced penalty," Delegate Moreno said, adding that each video is counted as 20 images for charging purposes.
Witnesses emphasized the operational burden on investigators and the repeated revictimization caused by broad circulation. Nonprofit advocates and a retired DOJ librarian presented national tipline statistics showing large volumes of material; one witness said AI‑generated CSAM reports rose significantly in a single year.
The Office of the Public Defender and other civil‑liberties voices warned against creating broadly defined new crimes where existing statutes might suffice and urged careful drafting to preserve defenses (prompt reporting or good‑faith destruction). The committee received both favorable and unfavorable testimony and did not take a final vote at the hearing.
