WES MOORE, Governor Ch. 759
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Chapter 759
(Senate Bill 226)
AN ACT concerning
Criminal Law – Child Pornography – Accessing With Intent to View and
Intentionally Viewing
FOR the purpose of prohibiting a person from knowingly or intentionally accessing and
intentionally viewing a certain visual representation of a child under the age of 16
years with intent to view the visual representation; and generally relating to
accessing and intentionally viewing child pornography with an intent to view.
BY repealing and reenacting, with amendments,
Article – Criminal Law
Section 11–208
Annotated Code of Maryland
(2021 Replacement Volume and 2022 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Criminal Law
11–208.
(a) (1) In this section, “indistinguishable from an actual and identifiable child”
means an ordinary person would conclude that the image is of an actual and identifiable
minor.
(2) “Indistinguishable from an actual and identifiable child” includes a
computer–generated image that has been created, adapted, or modified to appear as an
actual and identifiable child.
(3) “Indistinguishable from an actual and identifiable child” does not
include images or items depicting minors that are:
(i) drawings;
(ii) cartoons;
(iii) sculptures; or
(iv) paintings.
Ch. 759 2023 LAWS OF MARYLAND
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(b) (1) A person may not knowingly possess and intentionally retain, OR
KNOWINGLY OR INTENTI ONALLY ACCESS WITH I NTENT TO VIEW , a film, videotape,
photograph, or other visual representation showing an actual child or a
computer–generated image that is indistinguishable from an actual and identifiable child
under the age of 16 years:
(1) (I) engaged as a subject of sadomasochistic abuse;
(2) (II) engaged in sexual conduct; or
(3) (III) in a state of sexual excitement.
(2) A PERSON MAY NOT KNOWI NGLY OR INTENTIONALL Y ACCESS AND
INTENTIONALLY VIEW A F ILM, VIDEOTAPE, PHOTOGRAPH , OR OTHER VISUAL
REPRESENTATION SHOWI NG AN ACTUAL CHILD O R A COMPUTER –GENERATED
IMAGE THAT IS INDIST INGUISHABLE FROM AN ACTUAL AND IDENTIFIA BLE CHILD
UNDER THE AGE OF 16 YEARS:
(I) ENGAGED AS A SUBJECT OF SADOMASOCHISTIC ABUS E;
(II) ENGAGED IN SEXUAL CO NDUCT; OR
(III) IN A STATE OF SEXUAL EXCITEMENT.
(c) (1) Except as provided in paragraph (2) of this subsection, a person who
violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment
not exceeding 5 years or a fine not exceeding $2,500 or both.
(2) A person who violates this section, having previously been convicted
under this section, is guilty of a felony and on conviction is subject to imprisonment not
exceeding 10 years or a fine not exceeding $10,000 or both.
(d) Nothing in this section may be construed to prohibit a parent from possessing
visual representations of the parent’s own child in the nude unless the visual
representations show the child engaged:
(1) as a subject of sadomasochistic abuse; or
(2) in sexual conduct and in a state of sexual excitement.
(e) It is an affirmative defense to a charge of violating this section that the person
promptly and in good faith:
(1) took reasonable steps to destroy each visual representation; or
WES MOORE, Governor Ch. 759
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(2) reported the matter to a law enforcement agency.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2023.
Approved by the Governor, May 16, 2023.