Maryland 2023 Regular Session

Maryland Senate Bill SB899

Introduced
2/15/23  
Refer
2/15/23  

Caption

Criminal Law - Child Pornography - Prohibitions

Impact

If enacted, SB899 will enact significant changes to Maryland's criminal laws regarding child pornography. It introduces stringent penalties, including enhanced sentences for those who possess large quantities of illegal visual representations. Importantly, the bill clarifies definitions, such as what constitutes an image indistinguishable from an actual child, facilitating legal interpretation and enforcement. The aim is to prevent the exploitation of children and ensure that law enforcement has more robust tools to combat such crimes.

Summary

Senate Bill 899 aims to strengthen the legal framework regarding child pornography by prohibiting individuals from deliberately retaining visual representations that depict child pornography or imagery indistinguishable from minors under the age of 16 engaged in sexual activity. The bill specifically targets the possession of 100 or more such representations, categorizing them as a serious crime. This statute will amend the existing Article on Criminal Law in Maryland, focusing on enhancing protections against child exploitation and possession of harmful visual content.

Contention

One notable point of contention surrounding SB899 revolves around the implications for freedom of expression, particularly regarding artistic representations that might involve nudity or drawings that do not depict child exploitation. Critics may argue that the bill's stringent definitions could inadvertently criminalize legitimate artistic expressions or parental representations of their children, which do not fall under the stipulated categories of exploitation. The balancing act between stringent protections against child abuse and upholding civil liberties will likely be a focal point of debate as the bill progresses.

Companion Bills

No companion bills found.

Previously Filed As

MD SB65

Criminal Law - Child Pornography - Prohibitions and Penalties

MD SB545

Criminal Law - Child Pornography - Prohibitions and Penalties

MD HB364

Criminal Law - Child Pornography - Prohibitions and Penalties

MD SB226

Criminal Law - Child Pornography - Accessing and Intentionally Viewing

MD HB233

Criminal Law - Child Pornography - Accessing and Intentionally Viewing

MD HB5922

CHILD PORNOGRAPHY-DEPICTIONS

MD SB113

Criminal Law - Sexual Solicitation of a Minor Through Child Pornography - Prohibition

MD HB99

Criminal Law – Sexual Solicitation of a Minor Through Child Pornography – Prohibition

MD AB1831

Crimes: child pornography.

MD SB198

Prohibiting creation, production, distribution, or possession of artificially generated child pornography

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