Maryland 2024 Regular Session

Maryland House Bill HB671 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	hb0671
6	6
7	7	HOUSE BILL 671
8	8	E1 4lr1427
9	9	CF SB 355
10	10	By: Delegates Grammer, Arikan, Chisholm, Fisher, Kipke, M. Morgan, Nawrocki,
11	11	and Szeliga
12	12	Introduced and read first time: January 25, 2024
13	13	Assigned to: Ways and Means
14	14
15	15	A BILL ENTITLED
16	16
17	17	AN ACT concerning 1
18	18
19	19	Criminal Law – Display of Obscene Material to Minors – Prohibition 2
20	20
21	21	FOR the purpose of altering the definition of “item” relating to the prohibition against 3
22	22	displaying or distributing obscene material to minors; prohibiting certain public 4
23	23	schools from displaying certain obscene material under certain circumstances; and 5
24	24	generally relating to the display of obscene material to minors. 6
25	25
26	26	BY repealing and reenacting, with amendments, 7
27	27	Article – Criminal Law 8
28	28	Section 11–203 9
29	29	Annotated Code of Maryland 10
30	30	(2021 Replacement Volume and 2023 Supplement) 11
31	31
32	32	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12
33	33	That the Laws of Maryland read as follows: 13
34	34
35	35	Article – Criminal Law 14
36	36
37	37	11–203. 15
38	38
39	39	(a) (1) In this section the following words have the meanings indicated. 16
40	40
41	41	(2) “Distribute” includes to rent. 17
42	42
43	43	(3) “Illicit sex” means: 18
44	44
45	45	(i) human genitals in a state of sexual stimulation or arousal; 19
46	46
47	47	(ii) acts of human masturbation, sexual intercourse, or sodomy; or 20
48	48	2 HOUSE BILL 671
49	49
50	50
51	51	(iii) fondling or other erotic touching of human genitals. 1
52	52
53	53	(4) “Item” means a: 2
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55	55	(i) still picture, DRAWING, ILLUSTRATION , or photograph; 3
56	56
57	57	(ii) book, pocket book, pamphlet, or magazine; 4
58	58
59	59	(iii) videodisc, videotape, video game, film, or computer disc; or 5
60	60
61	61	(iv) recorded telephone message. 6
62	62
63	63	(5) “Obscene” means: 7
64	64
65	65	(i) that the average adult applying contemporary community 8
66	66	standards would find that the work, taken as a whole, appeals to the prurient interest; 9
67	67
68	68	(ii) that the work depicts sexual conduct specified in subsection (b) 10
69	69	of this section in a way that is patently offensive to prevailing standards in the adult 11
70	70	community as a whole with respect to what is suitable material; and 12
71	71
72	72	(iii) that the work, taken as a whole, lacks serious artistic, 13
73	73	educational, literary, political, or scientific value. 14
74	74
75	75	(6) “Partially nude figure” means a figure with: 15
76	76
77	77	(i) less than completely and opaquely covered human genitals, pubic 16
78	78	region, buttocks, or female breast below a point immediately above the top of the areola; or 17
79	79
80	80	(ii) human male genitals in a discernibly turgid state, even if 18
81	81	completely and opaquely covered. 19
82	82
83	83	(b) (1) A person may not willfully or knowingly display or exhibit to a minor 20
84	84	an item: 21
85	85
86	86	(i) the cover or content of which is principally made up of an obscene 22
87	87	description or depiction of illicit sex; or 23
88	88
89	89	(ii) that consists of an obscene picture of a nude or partially nude 24
90	90	figure. 25
91	91
92	92	(2) A person may not willfully or knowingly engage in the business of 26
93	93	displaying, exhibiting, selling, showing, advertising for sale, or distributing to a minor an 27
94	94	item: 28
95	95
96	96	(i) the cover or content of which is principally made up of an obscene 29
97	97	description or depiction of illicit sex; or 30 HOUSE BILL 671 3
98	98
99	99
100	100
101	101	(ii) that consists of an obscene picture of a nude or partially nude 1
102	102	figure. 2
103	103
104	104	(3) If a PUBLIC SCHOOL OR newsstand or other place of business is 3
105	105	frequented by minors, the owner, operator, franchisee, manager, SCHOOL PRINCI PAL, or 4
106	106	an employee with managerial responsibility may not openly and knowingly display at the 5
107	107	[place of business] PREMISES an item whose sale, display, exhibition, RENTAL, 6
108	108	BORROWING , showing, or advertising is prohibited by paragraph (2) of this subsection. 7
109	109
110	110	(c) The provision of services or facilities by a telephone company under a tariff 8
111	111	approved by the Public Service Commission is not a violation of subsection (b) of this section 9
112	112	relating to recorded telephone messages. 10
113	113
114	114	(d) A person who violates this section is guilty of a misdemeanor and on conviction 11
115	115	is subject to: 12
116	116
117	117	(1) for a first violation, imprisonment not exceeding 1 year or a fine not 13
118	118	exceeding $1,000 or both; and 14
119	119
120	120	(2) for each subsequent violation, imprisonment not exceeding 3 years or a 15
121	121	fine not exceeding $5,000 or both. 16
122	122
123	123	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 17
124	124	October 1, 2024. 18