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.
*hb0544*
HOUSE BILL 544
E1, E2 4lr1944
CF SB 391
By: Delegates Atterbeary, Crutchfield, Forbes, Grammer, Pasteur, Simpson,
Stein, and Toles Toles, Arikan, Kaufman, and Williams
Introduced and read first time: January 24, 2024
Assigned to: Judiciary
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 7, 2024
CHAPTER ______
AN ACT concerning 1
Criminal Law – Sexual Extortion, Stalking, and Revenge Porn – Statute of 2
Limitations and In Banc Review 3
FOR the purpose of altering the statute of limitations applicable to the crimes of sexual 4
extortion and stalking; providing that the State may institute a prosecution for 5
sexual extortion, stalking, or revenge porn at any time; providing that, for purposes 6
of the Maryland Constitution, a person who commits sexual extortion, stalking, or 7
revenge porn shall be deemed to have committed a misdemeanor whose punishment 8
is confinement in the penitentiary and may reserve a point or question for a certain 9
in banc review; and generally relating to sexual extortion, stalking, and revenge 10
porn. 11
BY repealing and reenacting, without amendments, 12
Article – Courts and Judicial Proceedings 13
Section 5–106(a) and (b) 14
Annotated Code of Maryland 15
(2020 Replacement Volume and 2023 Supplement) 16
BY adding to 17
Article – Courts and Judicial Proceedings 18
Section 5–106(gg) and (hh) 19
Annotated Code of Maryland 20
(2020 Replacement Volume and 2023 Supplement) 21
2 HOUSE BILL 544
BY repealing and reenacting, with amendments, 1
Article – Criminal Law 2
Section 3–709, 3–802, and 3–809 3
Annotated Code of Maryland 4
(2021 Replacement Volume and 2023 Supplement) 5
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 6
That the Laws of Maryland read as follows: 7
Article – Courts and Judicial Proceedings 8
5–106. 9
(a) Except as provided by this section, § 1–303 of the Environment Article, and § 10
8–1815 of the Natural Resources Article, a prosecution for a misdemeanor shall be 11
instituted within 1 year after the offense was committed. 12
(b) Notwithstanding § 9–103(a)(3) of the Correctional Services Article or any 13
other provision of the Code, if a statute provides that a misdemeanor is punishable by 14
imprisonment in the penitentiary or that a person is subject to this subsection: 15
(1) The State may institute a prosecution for the misdemeanor at any time; 16
and 17
(2) For purposes of the Maryland Constitution, the person: 18
(i) Shall be deemed to have committed a misdemeanor whose 19
punishment is confinement in the penitentiary; and 20
(ii) May reserve a point or question for in banc review as provided 21
under Article IV, § 22 of the Maryland Constitution. 22
(GG) THE STATUTE OF LIMITA TIONS FOR THE PROSEC UTION OF THE CRIME 23
OF SEXUAL EXTORTION IN VIOLATION OF § 3–709 OF THE CRIMINAL LAW ARTICLE 24
IS 5 YEARS. 25
(HH) THE STATUTE OF LIMITA TIONS FOR THE PROSEC UTION OF THE CRIME 26
OF STALKING IN VIOLA TION OF § 3–802 OF THE CRIMINAL LAW ARTICLE IS 10 27
YEARS. 28
Article – Criminal Law 29
3–709. 30
(a) (1) In this section the following words have the meanings indicated. 31
HOUSE BILL 544 3
(2) “Intimate parts” has the meaning stated in § 3–809 of this title. 1
(3) “Sexual activity” has the meaning stated in § 3–809 of this title. 2
(b) A person may not cause another to: 3
(1) engage in an act of sexual activity by threatening to: 4
(i) accuse any person of a crime or of anything that, if true, would 5
bring the person into contempt or disrepute; 6
(ii) cause physical injury to a person; 7
(iii) inflict emotional distress on a person; 8
(iv) cause economic damage to a person; or 9
(v) cause damage to the property of a person; or 10
(2) engage as a subject in the production of a visual representation or 11
performance that depicts the other with the other’s intimate parts exposed or engaging in 12
or simulating an act of sexual activity by threatening to: 13
(i) accuse any person of a crime or of anything that, if true, would 14
bring the person into contempt or disrepute; 15
(ii) cause physical injury to a person; 16
(iii) inflict emotional distress on a person; 17
(iv) cause economic damage to a person; or 18
(v) cause damage to the property of a person. 19
(c) A person who violates this section is guilty of a misdemeanor and on conviction 20
is subject to imprisonment not exceeding 10 years or a fine not exceeding $10,000 or both. 21
(d) A sentence imposed under this section may be separate from and consecutive 22
to or concurrent with a sentence for any crime based on the act establishing the violation 23
of this section. 24
(e) A PERSON WHO VIOLATES THIS SECTION IS SUBJ ECT TO § 5–106(B) OF 25
THE COURTS ARTICLE. 26
(F) A visual representation depicting a victim that is part of a court record for a 27
case arising from a prosecution under this section: 28
4 HOUSE BILL 544
(1) subject to item (2) of this subsection, may not be made available for 1
public inspection; and 2
(2) except as otherwise ordered by the court, may only be made available 3
for inspection in relation to a criminal charge under this section to: 4
(i) court personnel; 5
(ii) a jury in a criminal case brought under this section; 6
(iii) the State’s Attorney or the State’s Attorney’s designee; 7
(iv) the Attorney General or the Attorney General’s designee; 8
(v) a law enforcement officer; 9
(vi) the defendant or the defendant’s attorney; or 10
(vii) the victim or the victim’s attorney. 11
3–802. 12
(a) In this section: 13
(1) “stalking” means a malicious course of conduct that includes 14
approaching or pursuing another where: 15
(i) the person intends to place or knows or reasonably should have 16
known the conduct would place another in reasonable fear: 17
1. A. of serious bodily injury; 18
B. of an assault in any degree; 19
C. of rape or sexual offense as defined by §§ 3–303 through 20
3–308 of this title or attempted rape or sexual offense in any degree; 21
D. of false imprisonment; or 22
E. of death; or 23
2. that a third person likely will suffer any of the acts listed 24
in item 1 of this item; or 25
(ii) the person intends to cause or knows or reasonably should have 26
known that the conduct would cause serious emotional distress to another; and 27
HOUSE BILL 544 5
(2) “stalking” includes conduct described in item (1) of this subsection that 1
occurs: 2
(i) in person; 3
(ii) by electronic communication, as defined in § 3–805 of this 4
subtitle; or 5
(iii) through the use of a device that can pinpoint or track the location 6
of another without the person’s knowledge or consent. 7
(b) The provisions of this section do not apply to conduct that is: 8
(1) performed to ensure compliance with a court order; 9
(2) performed to carry out a specific lawful commercial purpose; or 10
(3) authorized, required, or protected by local, State, or federal law. 11
(c) A person may not engage in stalking. 12
(d) A person who violates this section is guilty of a misdemeanor and on conviction 13
is subject to imprisonment not exceeding 5 years or a fine not exceeding $5,000 or both. 14
(e) A sentence imposed under this section may be separate from and consecutive 15
to or concurrent with a sentence for any other crime based on the acts establishing a 16
violation of this section. 17
(F) A PERSON WHO VIOLATES THIS SECTION IS SUBJ ECT TO § 5–106(B) OF 18
THE COURTS ARTICLE. 19
3–809. 20
(a) (1) In this section the following words have the meanings indicated. 21
(2) “Distribute” means to give, sell, transfer, disseminate, publish, upload, 22
circulate, broadcast, make available, allow access to, or engage in any other form of 23
transmission, electronic or otherwise. 24
(3) “Harm” means: 25
(i) physical injury; 26
(ii) serious emotional distress; or 27
(iii) economic damages. 28
6 HOUSE BILL 544
(4) “Intimate parts” means the naked genitals, pubic area, buttocks, or 1
female nipple. 2
(5) “Sexual activity” means: 3
(i) sexual intercourse, including genital–genital, oral–genital, 4
anal–genital, or oral–anal; 5
(ii) masturbation; or 6
(iii) sadomasochistic abuse. 7
(b) (1) This section does not apply to: 8
(i) lawful and common practices of law enforcement, the reporting 9
of unlawful conduct, or legal proceedings; or 10
(ii) situations involving voluntary exposure in public or commercial 11
settings. 12
(2) An interactive computer service, as defined in 47 U.S.C. § 230(f)(2), is 13
not liable under this section for content provided by another person. 14
(c) A person may not knowingly distribute a visual representation of another 15
identifiable person that displays the other person with his or her intimate parts exposed or 16
while engaged in an act of sexual activity: 17
(1) with the intent to harm, harass, intimidate, threaten, or coerce the 18
other person; 19
(2) (i) under circumstances in which the person knew that the other 20
person did not consent to the distribution; or 21
(ii) with reckless disregard as to whether the person consented to the 22
distribution; and 23
(3) under circumstances in which the other person had a reasonable 24
expectation that the image would remain private. 25
(d) A person who violates this section is guilty of a misdemeanor and on conviction 26
is subject to imprisonment not exceeding 2 years or a fine not exceeding $5,000 or both. 27
(e) A PERSON WHO VIOLATES THIS SECTION IS SUBJ ECT TO § 5–106(B) OF 28
THE COURTS ARTICLE. 29
(F) A visual representation of a victim that is part of a court record for a case 30
arising from a prosecution under this section: 31 HOUSE BILL 544 7
(1) subject to item (2) of this subsection, may not be made available for 1
public inspection; and 2
(2) except as otherwise ordered by the court, may only be made available 3
for inspection in relation to a criminal charge under this section to: 4
(i) court personnel; 5
(ii) a jury in a criminal case brought under this section; 6
(iii) the State’s Attorney or the State’s Attorney’s designee; 7
(iv) the Attorney General or the Attorney General’s designee; 8
(v) a law enforcement officer; 9
(vi) the defendant or the defendant’s attorney; or 10
(vii) the victim or the victim’s attorney. 11
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 12
October 1, 2024. 13
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.