MD HB1346

Creative expression (music, dance, visual art, poetry, literature, film, performance art) of a defendant is presumptively inadmissible as evidence in criminal and juvenile proceedings

Prosecution may only use creative expression if the court finds by clear and convincing evidence that: the defendant intended it as literal rather than figurative/fictional, it refers to specific facts of the alleged offense, it's relevant to a disputed fact, and its probative value cannot be provided by other evidence

All four criteria must be satisfied for admission; derivative works require proof the defendant adopted the literal meaning as their own

Exception allows creative expression to be used in juvenile cases for evaluating mental health services or diversion program referrals

Effective date: October 1, 2025