EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
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SENATE BILL 226
E1 3lr2244
CF HB 233
By: Senator Salling
Introduced and read first time: January 23, 2023
Assigned to: Judicial Proceedings
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: March 27, 2023
CHAPTER ______
AN ACT concerning 1
Criminal Law – Child Pornography – Accessing With Intent to View and 2
Intentionally Viewing 3
FOR the purpose of prohibiting a person from knowingly or intentionally accessing and 4
intentionally viewing a certain visual representation of a child under the age of 16 5
years with intent to view the visual representation; and generally relating to 6
accessing and intentionally viewing child pornography with an intent to view. 7
BY repealing and reenacting, with amendments, 8
Article – Criminal Law 9
Section 11–208 10
Annotated Code of Maryland 11
(2021 Replacement Volume and 2022 Supplement) 12
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13
That the Laws of Maryland read as follows: 14
Article – Criminal Law 15
11–208. 16
(a) (1) In this section, “indistinguishable from an actual and identifiable child” 17
means an ordinary person would conclude that the image is of an actual and identifiable 18
minor. 19
2 SENATE BILL 226
(2) “Indistinguishable from an actual and identifiable child” includes a 1
computer–generated image that has been created, adapted, or modified to appear as an 2
actual and identifiable child. 3
(3) “Indistinguishable from an actual and identifiable child” does not 4
include images or items depicting minors that are: 5
(i) drawings; 6
(ii) cartoons; 7
(iii) sculptures; or 8
(iv) paintings. 9
(b) (1) A person may not knowingly possess and intentionally retain, OR 10
KNOWINGLY OR INTENTI ONALLY ACCESS WITH I NTENT TO VIEW , a film, videotape, 11
photograph, or other visual representation showing an actual child or a 12
computer–generated image that is indistinguishable from an actual and identifiable child 13
under the age of 16 years: 14
(1) (I) engaged as a subject of sadomasochistic abuse; 15
(2) (II) engaged in sexual conduct; or 16
(3) (III) in a state of sexual excitement. 17
(2) A PERSON MAY NOT KNOWI NGLY OR INTENTIONALL Y ACCESS AND 18
INTENTIONALLY VIEW A F ILM, VIDEOTAPE, PHOTOGRAPH , OR OTHER VISUAL 19
REPRESENTATION SHOWI NG AN ACTUAL CHILD O R A COMPUTER –GENERATED 20
IMAGE THAT IS INDIST INGUISHABLE FROM AN ACTUAL AND IDENTIFIA BLE CHILD 21
UNDER THE AGE OF 16 YEARS: 22
(I) ENGAGED AS A SUBJECT OF SADOMASOCHISTIC ABUS E; 23
(II) ENGAGED IN SEXUAL CO NDUCT; OR 24
(III) IN A STATE OF SEXUAL EXCITEMENT. 25
(c) (1) Except as provided in paragraph (2) of this subsection, a person who 26
violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment 27
not exceeding 5 years or a fine not exceeding $2,500 or both. 28
(2) A person who violates this section, having previously been convicted 29
under this section, is guilty of a felony and on conviction is subject to imprisonment not 30
exceeding 10 years or a fine not exceeding $10,000 or both. 31 SENATE BILL 226 3
(d) Nothing in this section may be construed to prohibit a parent from possessing 1
visual representations of the parent’s own child in the nude unless the visual 2
representations show the child engaged: 3
(1) as a subject of sadomasochistic abuse; or 4
(2) in sexual conduct and in a state of sexual excitement. 5
(e) It is an affirmative defense to a charge of violating this section that the person 6
promptly and in good faith: 7
(1) took reasonable steps to destroy each visual representation; or 8
(2) reported the matter to a law enforcement agency. 9
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 10
October 1, 2023. 11
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.