MD
Maryland Senate Bill SB226

Maryland 2023 Regular Session

Maryland Senate Bill SB226 Compare Versions

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1- WES MOORE, Governor Ch. 759
21
3-– 1 –
4-Chapter 759
5-(Senate Bill 226)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ *sb0226*
89
9-Criminal Law – Child Pornography – Accessing With Intent to View and
10-Intentionally Viewing
10+SENATE BILL 226
11+E1 3lr2244
12+ CF HB 233
13+By: Senator Salling
14+Introduced and read first time: January 23, 2023
15+Assigned to: Judicial Proceedings
16+Committee Report: Favorable with amendments
17+Senate action: Adopted
18+Read second time: March 27, 2023
1119
12-FOR the purpose of prohibiting a person from knowingly or intentionally accessing and
13-intentionally viewing a certain visual representation of a child under the age of 16
14-years with intent to view the visual representation; and generally relating to
15-accessing and intentionally viewing child pornography with an intent to view.
20+CHAPTER ______
1621
17-BY repealing and reenacting, with amendments,
18- Article – Criminal Law
19-Section 11–208
20- Annotated Code of Maryland
21- (2021 Replacement Volume and 2022 Supplement)
22+AN ACT concerning 1
2223
23- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
24-That the Laws of Maryland read as follows:
24+Criminal Law – Child Pornography – Accessing With Intent to View and 2
25+Intentionally Viewing 3
2526
26-Article – Criminal Law
27+FOR the purpose of prohibiting a person from knowingly or intentionally accessing and 4
28+intentionally viewing a certain visual representation of a child under the age of 16 5
29+years with intent to view the visual representation; and generally relating to 6
30+accessing and intentionally viewing child pornography with an intent to view. 7
2731
28-11–208.
32+BY repealing and reenacting, with amendments, 8
33+ Article – Criminal Law 9
34+Section 11–208 10
35+ Annotated Code of Maryland 11
36+ (2021 Replacement Volume and 2022 Supplement) 12
2937
30- (a) (1) In this section, “indistinguishable from an actual and identifiable child”
31-means an ordinary person would conclude that the image is of an actual and identifiable
32-minor.
38+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13
39+That the Laws of Maryland read as follows: 14
3340
34- (2) “Indistinguishable from an actual and identifiable child” includes a
35-computer–generated image that has been created, adapted, or modified to appear as an
36-actual and identifiable child.
41+Article – Criminal Law 15
3742
38- (3) “Indistinguishable from an actual and identifiable child” does not
39-include images or items depicting minors that are:
43+11–208. 16
4044
41- (i) drawings;
45+ (a) (1) In this section, “indistinguishable from an actual and identifiable child” 17
46+means an ordinary person would conclude that the image is of an actual and identifiable 18
47+minor. 19
48+ 2 SENATE BILL 226
4249
43- (ii) cartoons;
4450
45- (iii) sculptures; or
51+ (2) “Indistinguishable from an actual and identifiable child” includes a 1
52+computer–generated image that has been created, adapted, or modified to appear as an 2
53+actual and identifiable child. 3
4654
47- (iv) paintings.
48- Ch. 759 2023 LAWS OF MARYLAND
55+ (3) “Indistinguishable from an actual and identifiable child” does not 4
56+include images or items depicting minors that are: 5
4957
50-– 2 –
51- (b) (1) A person may not knowingly possess and intentionally retain, OR
52-KNOWINGLY OR INTENTI ONALLY ACCESS WITH I NTENT TO VIEW , a film, videotape,
53-photograph, or other visual representation showing an actual child or a
54-computer–generated image that is indistinguishable from an actual and identifiable child
55-under the age of 16 years:
58+ (i) drawings; 6
5659
57- (1) (I) engaged as a subject of sadomasochistic abuse;
60+ (ii) cartoons; 7
5861
59- (2) (II) engaged in sexual conduct; or
62+ (iii) sculptures; or 8
6063
61- (3) (III) in a state of sexual excitement.
64+ (iv) paintings. 9
6265
63- (2) A PERSON MAY NOT KNOWI NGLY OR INTENTIONALL Y ACCESS AND
64-INTENTIONALLY VIEW A F ILM, VIDEOTAPE, PHOTOGRAPH , OR OTHER VISUAL
65-REPRESENTATION SHOWI NG AN ACTUAL CHILD O R A COMPUTER –GENERATED
66-IMAGE THAT IS INDIST INGUISHABLE FROM AN ACTUAL AND IDENTIFIA BLE CHILD
67-UNDER THE AGE OF 16 YEARS:
66+ (b) (1) A person may not knowingly possess and intentionally retain, OR 10
67+KNOWINGLY OR INTENTI ONALLY ACCESS WITH I NTENT TO VIEW , a film, videotape, 11
68+photograph, or other visual representation showing an actual child or a 12
69+computer–generated image that is indistinguishable from an actual and identifiable child 13
70+under the age of 16 years: 14
6871
69- (I) ENGAGED AS A SUBJECT OF SADOMASOCHISTIC ABUS E;
72+ (1) (I) engaged as a subject of sadomasochistic abuse; 15
7073
71- (II) ENGAGED IN SEXUAL CO NDUCT; OR
74+ (2) (II) engaged in sexual conduct; or 16
7275
73- (III) IN A STATE OF SEXUAL EXCITEMENT.
76+ (3) (III) in a state of sexual excitement. 17
7477
75- (c) (1) Except as provided in paragraph (2) of this subsection, a person who
76-violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment
77-not exceeding 5 years or a fine not exceeding $2,500 or both.
78+ (2) A PERSON MAY NOT KNOWI NGLY OR INTENTIONALL Y ACCESS AND 18
79+INTENTIONALLY VIEW A F ILM, VIDEOTAPE, PHOTOGRAPH , OR OTHER VISUAL 19
80+REPRESENTATION SHOWI NG AN ACTUAL CHILD O R A COMPUTER –GENERATED 20
81+IMAGE THAT IS INDIST INGUISHABLE FROM AN ACTUAL AND IDENTIFIA BLE CHILD 21
82+UNDER THE AGE OF 16 YEARS: 22
7883
79- (2) A person who violates this section, having previously been convicted
80-under this section, is guilty of a felony and on conviction is subject to imprisonment not
81-exceeding 10 years or a fine not exceeding $10,000 or both.
84+ (I) ENGAGED AS A SUBJECT OF SADOMASOCHISTIC ABUS E; 23
8285
83- (d) Nothing in this section may be construed to prohibit a parent from possessing
84-visual representations of the parent’s own child in the nude unless the visual
85-representations show the child engaged:
86+ (II) ENGAGED IN SEXUAL CO NDUCT; OR 24
8687
87- (1) as a subject of sadomasochistic abuse; or
88+ (III) IN A STATE OF SEXUAL EXCITEMENT. 25
8889
89- (2) in sexual conduct and in a state of sexual excitement.
90+ (c) (1) Except as provided in paragraph (2) of this subsection, a person who 26
91+violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment 27
92+not exceeding 5 years or a fine not exceeding $2,500 or both. 28
9093
91- (e) It is an affirmative defense to a charge of violating this section that the person
92-promptly and in good faith:
94+ (2) A person who violates this section, having previously been convicted 29
95+under this section, is guilty of a felony and on conviction is subject to imprisonment not 30
96+exceeding 10 years or a fine not exceeding $10,000 or both. 31 SENATE BILL 226 3
9397
94- (1) took reasonable steps to destroy each visual representation; or
95- WES MOORE, Governor Ch. 759
9698
97-– 3 –
98- (2) reported the matter to a law enforcement agency.
9999
100- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
101-October 1, 2023.
100+ (d) Nothing in this section may be construed to prohibit a parent from possessing 1
101+visual representations of the parent’s own child in the nude unless the visual 2
102+representations show the child engaged: 3
102103
103-Approved by the Governor, May 16, 2023.
104+ (1) as a subject of sadomasochistic abuse; or 4
105+
106+ (2) in sexual conduct and in a state of sexual excitement. 5
107+
108+ (e) It is an affirmative defense to a charge of violating this section that the person 6
109+promptly and in good faith: 7
110+
111+ (1) took reasonable steps to destroy each visual representation; or 8
112+
113+ (2) reported the matter to a law enforcement agency. 9
114+
115+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 10
116+October 1, 2023. 11
117+
118+
119+
120+
121+Approved:
122+________________________________________________________________________________
123+ Governor.
124+________________________________________________________________________________
125+ President of the Senate.
126+________________________________________________________________________________
127+ Speaker of the House of Delegates.