EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0959*
SENATE BILL 959
E2, E1 2lr3235
HB 1001/21 – JUD CF HB 471
By: Senator Watson
Introduced and read first time: February 14, 2022
Assigned to: Rules
A BILL ENTITLED
AN ACT concerning 1
Criminal Law – Indecent Exposure With Lascivious or Prurient Intent 2
FOR the purpose of prohibiting a person from indecently exposing the person’s genitals 3
with lascivious or prurient intent in a public place in the presence of another; 4
altering a certain definition of “tier I sex offender” to include a person who has been 5
convicted of conspiring to commit, attempting to commit, or committing indecent 6
exposure with lascivious or prurient intent in a public place in the presence of certain 7
individuals; and generally relating to indecent exposure. 8
BY repealing and reenacting, with amendments, 9
Article – Criminal Law 10
Section 11–107 11
Annotated Code of Maryland 12
(2021 Replacement Volume and 2021 Supplement) 13
BY adding to 14
Article – Criminal Law 15
Section 11–108 16
Annotated Code of Maryland 17
(2021 Replacement Volume and 2021 Supplement) 18
BY repealing and reenacting, with amendments, 19
Article – Criminal Procedure 20
Section 11–701(o) 21
Annotated Code of Maryland 22
(2018 Replacement Volume and 2021 Supplement) 23
BY repealing and reenacting, without amendments, 24
Article – Criminal Procedure 25
Section 11–704(a) 26
Annotated Code of Maryland 27 2 SENATE BILL 959
(2018 Replacement Volume and 2021 Supplement) 1
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MA RYLAND, 2
That the Laws of Maryland read as follows: 3
Article – Criminal Law 4
11–107. 5
(a) In this section, “indecent exposure” includes engaging in an act of 6
masturbation in public, whether or not the person’s genitalia are exposed. 7
(b) A person convicted of THE COMMON LAW OFFEN SE OF indecent exposure is 8
guilty of a misdemeanor and is subject to imprisonment not exceeding 3 years or a fine not 9
exceeding $1,000 or both. 10
11–108. 11
(A) A PERSON MAY NOT INDEC ENTLY EXPOSE THE PER SON’S GENITALS 12
WITH LASCIVIOUS OR P RURIENT INTENT IN A PUBLIC PLACE IN THE PRESENCE OF 13
ANOTHER. 14
(B) A PERSON WHO VIOLATES THIS SECTION IS GUIL TY OF A MISDEMEANOR 15
AND ON CONVICTION IS SUBJECT TO IMPRISONM ENT NOT EXCEEDING 3 YEARS OR A 16
FINE NOT EXCEEDING $1,000 OR BOTH. 17
Article – Criminal Procedure 18
11–701. 19
(o) “Tier I sex offender” means a person who has been convicted of: 20
(1) conspiring to commit, attempting to commit, or committing a violation 21
of § 3–308 of the Criminal Law Article; 22
(2) CONSPIRING TO COMMIT , ATTEMPTING TO COMMIT , OR 23
COMMITTING A VIOLATI ON OF § 11–108 OF THE CRIMINAL LAW ARTICLE IN THE 24
PRESENCE OF A MINOR UNDER THE AGE OF 14 YEARS AND AT LEAST 4 YEARS 25
YOUNGER THAN THE CON VICTED PERSON ; 26
[(2)] (3) conspiring to commit, attempting to commit, or committing a 27
violation of § 3–902 or § 11–208 of the Criminal Law Article, if the victim is a minor; 28
[(3)] (4) a crime committed in a federal, military, tribal, or other 29
jurisdiction that, if committed in this State, would constitute one of the crimes listed in 30
item (1) or [(2)] (3) of this subsection; 31 SENATE BILL 959 3
[(4)] (5) any of the following federal offenses: 1
(i) misleading domain names on the Internet under 18 U.S.C. § 2
2252B; 3
(ii) misleading words or digital images on the Internet under 18 4
U.S.C. § 2252C; 5
(iii) engaging in illicit conduct in foreign places under 18 U.S.C. § 6
2423(c); 7
(iv) failure to file a factual statement about an alien individual under 8
18 U.S.C. § 2424; 9
(v) transmitting information about a minor to further criminal 10
sexual conduct under 18 U.S.C. § 2425; 11
(vi) sex trafficking by force, fraud, or coercion under 18 U.S.C. § 1591; 12
or 13
(vii) travel with intent to engage in illicit conduct under 18 U.S.C. § 14
2423(b); 15
[(5)] (6) any military offense specified by the Secretary of Defense under 16
Section 115(A)(8)(C)(i) of Public Law 105–119 (codified at 10 U.S.C. § 951 Note) that is 17
similar to those offenses listed in item [(4)] (5) of this subsection; or 18
[(6)] (7) a crime in a court of Canada, Great Britain, Australia, New 19
Zealand, or any other foreign country where the United States Department of State has 20
determined in its Country Reports on Human Rights Practices that an independent 21
judiciary generally or vigorously enforced the right to a fair trial during the year in which 22
the conviction occurred that, if the crime were committed in this State, would constitute 23
one of the crimes listed in items (1) through [(5)] (6) of this subsection. 24
11–704. 25
(a) A person shall register with the person’s supervising authority if the person 26
is: 27
(1) a tier I sex offender; 28
(2) a tier II sex offender; 29
(3) a tier III sex offender; or 30
(4) a sex offender who is required to register by another jurisdiction, a 31 4 SENATE BILL 959
federal, military, or tribal court, or a foreign government, and who is not a resident of this 1
State, and who enters this State: 2
(i) to begin residing or to habitually live; 3
(ii) to carry on employment; 4
(iii) to attend a public or private educational institution, including a 5
secondary school, trade or professional institution, or institution of higher education, as a 6
full–time or part–time student; or 7
(iv) as a transient. 8
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 9
October 1, 2022. 10