MD SB1001

Creative expression of defendants (including music, dance, visual art, poetry, literature, and film) is generally inadmissible as evidence against them in criminal or juvenile proceedings

Courts may admit creative expression only upon finding 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 is relevant to a disputed fact, and its probative value cannot be provided by other evidence

Exception allows creative expression to be admitted in juvenile cases for purposes of evaluating or ordering mental health services or diversion programs

Effective date: October 1, 2025