EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0226*
SENATE BILL 226
E1 3lr2244
CF HB 233
By: Senator Salling
Introduced and read first time: January 23, 2023
Assigned to: Judicial Proceedings
A BILL ENTITLED
AN ACT concerning 1
Criminal Law – Child Pornography – Accessing With Intent to View 2
FOR the purpose of prohibiting a person from knowingly or intentionally accessing a 3
certain visual representation of a child under the age of 16 years with intent to view 4
the visual representation; and generally relating to accessing child pornography with 5
an intent to view. 6
BY repealing and reenacting, with amendments, 7
Article – Criminal Law 8
Section 11–208 9
Annotated Code of Maryland 10
(2021 Replacement Volume and 2022 Supplement) 11
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12
That the Laws of Maryland read as follows: 13
Article – Criminal Law 14
11–208. 15
(a) (1) In this section, “indistinguishable from an actual and identifiable child” 16
means an ordinary person would conclude that the image is of an actual and identifiable 17
minor. 18
(2) “Indistinguishable from an actual and identifiable child” includes a 19
computer–generated image that has been created, adapted, or modified to appear as an 20
actual and identifiable child. 21
(3) “Indistinguishable from an actual and identifiable child” does not 22
include images or items depicting minors that are: 23
2 SENATE BILL 226
(i) drawings; 1
(ii) cartoons; 2
(iii) sculptures; or 3
(iv) paintings. 4
(b) A person may not knowingly possess and intentionally retain, OR 5
KNOWINGLY OR INTENTI ONALLY ACCESS WITH I NTENT TO VIEW , a film, videotape, 6
photograph, or other visual representation showing an actual child or a 7
computer–generated image that is indistinguishable from an actual and identifiable child 8
under the age of 16 years: 9
(1) engaged as a subject of sadomasochistic abuse; 10
(2) engaged in sexual conduct; or 11
(3) in a state of sexual excitement. 12
(c) (1) Except as provided in paragraph (2) of this subsection, a person who 13
violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment 14
not exceeding 5 years or a fine not exceeding $2,500 or both. 15
(2) A person who violates this section, having previously been convicted 16
under this section, is guilty of a felony and on conviction is subject to imprisonment not 17
exceeding 10 years or a fine not exceeding $10,000 or both. 18
(d) Nothing in this section may be construed to prohibit a parent from possessing 19
visual representations of the parent’s own child in the nude unless the visual 20
representations show the child engaged: 21
(1) as a subject of sadomasochistic abuse; or 22
(2) in sexual conduct and in a state of sexual excitement. 23
(e) It is an affirmative defense to a charge of violating this section that the person 24
promptly and in good faith: 25
(1) took reasonable steps to destroy each visual representation; or 26
(2) reported the matter to a law enforcement agency. 27
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 28
October 1, 2023. 29