Maryland to implement new laws on creative expression and juvenile justice

Maryland will implement two significant legal reforms on October 1, 2026, affecting criminal evidence and juvenile justice procedures.

The Protecting Artists’ Creative Expression Act (PACE Act) limits the use of a defendant’s creative works, such as music, poetry, or film, as evidence in criminal or juvenile proceedings. Under this law, creative expression generally cannot be admitted unless a judge determines, by a preponderance of the evidence, that the work was intended to be literal rather than figurative, refers to specific facts of the alleged offense, and has a close connection in timing and facts to the crime. The court must also find that the evidence's value outweighs its potential prejudicial effect.

Simultaneously, the Youth Charging Reform Act will alter how juvenile crimes are processed. The law shifts certain serious offenses that previously triggered automatic adult court charges into the juvenile justice system. While prosecutors retain the ability to seek transfers to adult court for specific violent offenses, the reform aims to prioritize juvenile court jurisdiction. Additionally, new restrictions will limit the confinement of juveniles in facilities where they have sight or sound contact with adult inmates, with some provisions scheduled to take effect in 2029.