Maryland 2022 Regular Session

Maryland Senate Bill SB959 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	sb0959
6	6
7	7	SENATE BILL 959
8	8	E2, E1 2lr3235
9	9	HB 1001/21 – JUD CF HB 471
10	10	By: Senator Watson
11	11	Introduced and read first time: February 14, 2022
12	12	Assigned to: Rules
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Criminal Law – Indecent Exposure With Lascivious or Prurient Intent 2
19	19
20	20	FOR the purpose of prohibiting a person from indecently exposing the person’s genitals 3
21	21	with lascivious or prurient intent in a public place in the presence of another; 4
22	22	altering a certain definition of “tier I sex offender” to include a person who has been 5
23	23	convicted of conspiring to commit, attempting to commit, or committing indecent 6
24	24	exposure with lascivious or prurient intent in a public place in the presence of certain 7
25	25	individuals; and generally relating to indecent exposure. 8
26	26
27	27	BY repealing and reenacting, with amendments, 9
28	28	Article – Criminal Law 10
29	29	Section 11–107 11
30	30	Annotated Code of Maryland 12
31	31	(2021 Replacement Volume and 2021 Supplement) 13
32	32
33	33	BY adding to 14
34	34	Article – Criminal Law 15
35	35	Section 11–108 16
36	36	Annotated Code of Maryland 17
37	37	(2021 Replacement Volume and 2021 Supplement) 18
38	38
39	39	BY repealing and reenacting, with amendments, 19
40	40	Article – Criminal Procedure 20
41	41	Section 11–701(o) 21
42	42	Annotated Code of Maryland 22
43	43	(2018 Replacement Volume and 2021 Supplement) 23
44	44
45	45	BY repealing and reenacting, without amendments, 24
46	46	Article – Criminal Procedure 25
47	47	Section 11–704(a) 26
48	48	Annotated Code of Maryland 27 2 SENATE BILL 959
49	49
50	50
51	51	(2018 Replacement Volume and 2021 Supplement) 1
52	52
53	53	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MA RYLAND, 2
54	54	That the Laws of Maryland read as follows: 3
55	55
56	56	Article – Criminal Law 4
57	57
58	58	11–107. 5
59	59
60	60	(a) In this section, “indecent exposure” includes engaging in an act of 6
61	61	masturbation in public, whether or not the person’s genitalia are exposed. 7
62	62
63	63	(b) A person convicted of THE COMMON LAW OFFEN SE OF indecent exposure is 8
64	64	guilty of a misdemeanor and is subject to imprisonment not exceeding 3 years or a fine not 9
65	65	exceeding $1,000 or both. 10
66	66
67	67	11–108. 11
68	68
69	69	(A) A PERSON MAY NOT INDEC ENTLY EXPOSE THE PER SON’S GENITALS 12
70	70	WITH LASCIVIOUS OR P RURIENT INTENT IN A PUBLIC PLACE IN THE PRESENCE OF 13
71	71	ANOTHER. 14
72	72
73	73	(B) A PERSON WHO VIOLATES THIS SECTION IS GUIL TY OF A MISDEMEANOR 15
74	74	AND ON CONVICTION IS SUBJECT TO IMPRISONM ENT NOT EXCEEDING 3 YEARS OR A 16
75	75	FINE NOT EXCEEDING $1,000 OR BOTH. 17
76	76
77	77	Article – Criminal Procedure 18
78	78
79	79	11–701. 19
80	80
81	81	(o) “Tier I sex offender” means a person who has been convicted of: 20
82	82
83	83	(1) conspiring to commit, attempting to commit, or committing a violation 21
84	84	of § 3–308 of the Criminal Law Article; 22
85	85
86	86	(2) CONSPIRING TO COMMIT , ATTEMPTING TO COMMIT , OR 23
87	87	COMMITTING A VIOLATI ON OF § 11–108 OF THE CRIMINAL LAW ARTICLE IN THE 24
88	88	PRESENCE OF A MINOR UNDER THE AGE OF 14 YEARS AND AT LEAST 4 YEARS 25
89	89	YOUNGER THAN THE CON VICTED PERSON ; 26
90	90
91	91	[(2)] (3) conspiring to commit, attempting to commit, or committing a 27
92	92	violation of § 3–902 or § 11–208 of the Criminal Law Article, if the victim is a minor; 28
93	93
94	94	[(3)] (4) a crime committed in a federal, military, tribal, or other 29
95	95	jurisdiction that, if committed in this State, would constitute one of the crimes listed in 30
96	96	item (1) or [(2)] (3) of this subsection; 31 SENATE BILL 959 3
97	97
98	98
99	99
100	100	[(4)] (5) any of the following federal offenses: 1
101	101
102	102	(i) misleading domain names on the Internet under 18 U.S.C. § 2
103	103	2252B; 3
104	104
105	105	(ii) misleading words or digital images on the Internet under 18 4
106	106	U.S.C. § 2252C; 5
107	107
108	108	(iii) engaging in illicit conduct in foreign places under 18 U.S.C. § 6
109	109	2423(c); 7
110	110
111	111	(iv) failure to file a factual statement about an alien individual under 8
112	112	18 U.S.C. § 2424; 9
113	113
114	114	(v) transmitting information about a minor to further criminal 10
115	115	sexual conduct under 18 U.S.C. § 2425; 11
116	116
117	117	(vi) sex trafficking by force, fraud, or coercion under 18 U.S.C. § 1591; 12
118	118	or 13
119	119
120	120	(vii) travel with intent to engage in illicit conduct under 18 U.S.C. § 14
121	121	2423(b); 15
122	122
123	123	[(5)] (6) any military offense specified by the Secretary of Defense under 16
124	124	Section 115(A)(8)(C)(i) of Public Law 105–119 (codified at 10 U.S.C. § 951 Note) that is 17
125	125	similar to those offenses listed in item [(4)] (5) of this subsection; or 18
126	126
127	127	[(6)] (7) a crime in a court of Canada, Great Britain, Australia, New 19
128	128	Zealand, or any other foreign country where the United States Department of State has 20
129	129	determined in its Country Reports on Human Rights Practices that an independent 21
130	130	judiciary generally or vigorously enforced the right to a fair trial during the year in which 22
131	131	the conviction occurred that, if the crime were committed in this State, would constitute 23
132	132	one of the crimes listed in items (1) through [(5)] (6) of this subsection. 24
133	133
134	134	11–704. 25
135	135
136	136	(a) A person shall register with the person’s supervising authority if the person 26
137	137	is: 27
138	138
139	139	(1) a tier I sex offender; 28
140	140
141	141	(2) a tier II sex offender; 29
142	142
143	143	(3) a tier III sex offender; or 30
144	144
145	145	(4) a sex offender who is required to register by another jurisdiction, a 31 4 SENATE BILL 959
146	146
147	147
148	148	federal, military, or tribal court, or a foreign government, and who is not a resident of this 1
149	149	State, and who enters this State: 2
150	150
151	151	(i) to begin residing or to habitually live; 3
152	152
153	153	(ii) to carry on employment; 4
154	154
155	155	(iii) to attend a public or private educational institution, including a 5
156	156	secondary school, trade or professional institution, or institution of higher education, as a 6
157	157	full–time or part–time student; or 7
158	158
159	159	(iv) as a transient. 8
160	160
161	161	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 9
162	162	October 1, 2022. 10
163	163