A new Maryland law limiting when artistic and creative expression can be used as evidence against a defendant in criminal and juvenile cases will take effect Thursday, October 1.
The Protecting Artists’ Creative Expression Act, known as the PACE Act, was passed as Senate Bill 475 during the 2026 Maryland General Assembly session and signed into law by Governor Wes Moore on May 12. The legislation became Chapter 517 of the Laws of Maryland.
Under the new law, a defendant’s creative expression generally cannot be admitted as evidence against them in a criminal or juvenile proceeding unless a court first determines, by a preponderance of the evidence, that several requirements have been met.
The law defines “creative expression” as the expression or application of creativity or imagination through forms, sounds, words, movements or symbols that are eligible for federal copyright protection. It specifically includes music, dance, performance art, visual art, poetry, literature and film.
For the creative work to be admitted against a defendant or juvenile respondent, a judge must find that the person intended the expression to be literal rather than figurative or fictional. If the work is derivative, the court must find that the person intended to adopt its literal meaning as their own.
The court must also find that the creative expression refers to the specific facts of the alleged offense and that there is a close connection in both timing and facts between the expression and the alleged crime. Additionally, the expression must be relevant to a disputed issue of fact, and its value as evidence must outweigh its potential prejudicial effect.
In practical terms, the law creates an additional threshold before material such as song lyrics, poetry, films, artwork or other creative works created by a defendant can be introduced against that person as evidence. It does not create an absolute prohibition on the use of creative expression in court.
The law also includes an exception for juvenile cases. Creative expression may still be admitted for purposes of evaluating, recommending or ordering a juvenile’s referral to mental health services or diversion programs.
SB 475 was sponsored by Senators Charles Sydnor, Nick Charles, Chris West and Johnny Mautz. The Senate initially passed the legislation 33-10. After amendments in the House, where it passed 99-35, the Senate concurred with the changes and gave the measure final approval by a 32-10 vote. The PACE Act adds Section 10-926 to Maryland’s Courts and Judicial Proceedings Article and takes effect October 1, 2026.
