MD SB475

Creative expression (music, dance, visual art, poetry, literature, film, performance art) of a defendant is not admissible as evidence against them in criminal or juvenile proceedings unless the court makes specific findings by a preponderance of evidence

Courts must find that the defendant intended the expression to be literal rather than figurative or fictional, that it refers to specific facts of the alleged offense, and that it is relevant to a disputed factual issue

For derivative creative works, prosecutors must show the defendant intended to adopt the literal meaning of the expression as their own

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

Takes effect October 1, 2026