MD
Maryland House Bill HB99

Maryland 2024 Regular Session

Maryland House Bill HB99 Compare Versions

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1- WES MOORE, Governor Ch. 835
21
3-– 1 –
4-Chapter 835
5-(House Bill 99)
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+ *hb0099*
89
9-Criminal Law – Sexual Solicitation of a Minor Through Child Pornography –
10-Prohibition
10+HOUSE BILL 99
11+E1 4lr1180
12+ (PRE–FILED) CF SB 113
13+By: Delegate Bartlett
14+Requested: October 26, 2023
15+Introduced and read first time: January 10, 2024
16+Assigned to: Judiciary
17+Committee Report: Favorable
18+House action: Adopted
19+Read second time: February 26, 2024
1120
12-FOR the purpose of prohibiting an individual from knowingly and with a certain intent
13-soliciting a minor or law enforcement officer posing as a minor to engage in certain
14-prohibited sexual acts with the minor by a certain means; and generally relating to
15-sexual solicitation of a minor.
21+CHAPTER ______
1622
17-BY repealing and reenacting, with amendments,
18- Article – Criminal Law
19-Section 3–324
20- Annotated Code of Maryland
21- (2021 Replacement Volume and 2023 Supplement)
23+AN ACT concerning 1
2224
23-BY repealing and reenacting, without amendments,
24- Article – Criminal Law
25-Section 11–207(a)
26- Annotated Code of Maryland
27- (2021 Replacement Volume and 2023 Supplement)
25+Criminal Law – Sexual Solicitation of a Minor Through Child Pornography – 2
26+Prohibition 3
2827
29- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
30-That the Laws of Maryland read as follows:
28+FOR the purpose of prohibiting an individual from knowingly and with a certain intent 4
29+soliciting a minor or law enforcement officer posing as a minor to engage in certain 5
30+prohibited sexual acts with the minor by a certain means; and generally relating to 6
31+sexual solicitation of a minor. 7
3132
32-Article – Criminal Law
33+BY repealing and reenacting, with amendments, 8
34+ Article – Criminal Law 9
35+Section 3–324 10
36+ Annotated Code of Maryland 11
37+ (2021 Replacement Volume and 2023 Supplement) 12
3338
34-3–324.
39+BY repealing and reenacting, without amendments, 13
40+ Article – Criminal Law 14
41+Section 11–207(a) 15
42+ Annotated Code of Maryland 16
43+ (2021 Replacement Volume and 2023 Supplement) 17
3544
36- (a) In this section, “solicit” means to command, authorize, urge, entice, request,
37-or advise a person by any means, including:
45+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18
46+That the Laws of Maryland read as follows: 19
3847
39- (1) in person;
48+Article – Criminal Law 20 2 HOUSE BILL 99
4049
41- (2) through an agent or agency;
4250
43- (3) over the telephone;
4451
45- (4) through any print medium;
52+3–324. 1
4653
47- (5) by mail;
54+ (a) In this section, “solicit” means to command, authorize, urge, entice, request, 2
55+or advise a person by any means, including: 3
4856
49- (6) by computer or Internet; or Ch. 835 2024 LAWS OF MARYLAND
57+ (1) in person; 4
5058
51-– 2 –
59+ (2) through an agent or agency; 5
5260
53- (7) by any other electronic means.
61+ (3) over the telephone; 6
5462
55- (b) (1) A person may not, with the intent to commit a violation of § 3–304 or §
56-3–307 of this subtitle or § 11–207, § 11–303, § 11–304, § 11–305, § 11–306, or § 11–307 of
57-this article, knowingly solicit a minor, or a law enforcement officer posing as a minor, to
58-engage in activities that would be unlawful for the person to engage in under § 3–304 or §
59-3–307 of this subtitle or § 11–207, § 11–303, § 11–304, § 11–305, § 11–306, or § 11–307 of
60-this article.
63+ (4) through any print medium; 7
6164
62- (2) A person may not, with the intent to commit a violation of § 3–304 or §
63-3–307 of this subtitle or § 11–207, § 11–303, § 11–304, § 11–305, § 11–306, or § 11–307 of
64-this article, knowingly solicit the consent of a parent, guardian, or custodian of a minor, or
65-a law enforcement officer posing as a parent, guardian, or custodian of a minor, to engage
66-in activities with the minor that would be unlawful for the person to engage in under §
67-3–304 or § 3–307 of this subtitle or § 11–207, § 11–303, § 11–304, § 11–305, § 11–306, or §
68-11–307 of this article.
65+ (5) by mail; 8
6966
70- (c) A violation of this section is considered to be committed in the State for
71-purposes of determining jurisdiction if the solicitation:
67+ (6) by computer or Internet; or 9
7268
73- (1) originated in the State; or
69+ (7) by any other electronic means. 10
7470
75- (2) is received in the State.
71+ (b) (1) A person may not, with the intent to commit a violation of § 3–304 or § 11
72+3–307 of this subtitle or § 11–207, § 11–303, § 11–304, § 11–305, § 11–306, or § 11–307 of 12
73+this article, knowingly solicit a minor, or a law enforcement officer posing as a minor, to 13
74+engage in activities that would be unlawful for the person to engage in under § 3–304 or § 14
75+3–307 of this subtitle or § 11–207, § 11–303, § 11–304, § 11–305, § 11–306, or § 11–307 of 15
76+this article. 16
7677
77- (d) A person who violates this section is guilty of a felony and on conviction is
78-subject to:
78+ (2) A person may not, with the intent to commit a violation of § 3–304 or § 17
79+3–307 of this subtitle or § 11–207, § 11–303, § 11–304, § 11–305, § 11–306, or § 11–307 of 18
80+this article, knowingly solicit the consent of a parent, guardian, or custodian of a minor, or 19
81+a law enforcement officer posing as a parent, guardian, or custodian of a minor, to engage 20
82+in activities with the minor that would be unlawful for the person to engage in under § 21
83+3–304 or § 3–307 of this subtitle or § 11–207, § 11–303, § 11–304, § 11–305, § 11–306, or § 22
84+11–307 of this article. 23
7985
80- (1) for a first offense, imprisonment not exceeding 10 years or a fine not
81-exceeding $25,000 or both; and
86+ (c) A violation of this section is considered to be committed in the State for 24
87+purposes of determining jurisdiction if the solicitation: 25
8288
83- (2) for a second or subsequent offense, imprisonment not exceeding 20
84-years or a fine not exceeding $50,000 or both.
89+ (1) originated in the State; or 26
8590
86-11–207.
91+ (2) is received in the State. 27
8792
88- (a) A person may not:
93+ (d) A person who violates this section is guilty of a felony and on conviction is 28
94+subject to: 29
8995
90- (1) cause, induce, solicit, or knowingly allow a minor to engage as a subject
91-in the production of obscene matter or a visual representation or performance that depicts
92-a minor engaged as a subject in sadomasochistic abuse or sexual conduct;
96+ (1) for a first offense, imprisonment not exceeding 10 years or a fine not 30
97+exceeding $25,000 or both; and 31 HOUSE BILL 99 3
9398
94- (2) photograph or film a minor engaging in an obscene act, sadomasochistic
95-abuse, or sexual conduct;
96- WES MOORE, Governor Ch. 835
9799
98-– 3 –
99- (3) use a computer to depict or describe a minor engaging in an obscene act,
100-sadomasochistic abuse, or sexual conduct;
101100
102- (4) knowingly promote, advertise, solicit, distribute, or possess with the
103-intent to distribute any matter, visual representation, or performance:
101+ (2) for a second or subsequent offense, imprisonment not exceeding 20 1
102+years or a fine not exceeding $50,000 or both. 2
104103
105- (i) that depicts a minor engaged as a subject in sadomasochistic
106-abuse or sexual conduct; or
104+11–207. 3
107105
108- (ii) in a manner that reflects the belief, or that is intended to cause
109-another to believe, that the matter, visual representation, or performance depicts a minor
110-engaged as a subject of sadomasochistic abuse or sexual conduct; or
106+ (a) A person may not: 4
111107
112- (5) use a computer to knowingly compile, enter, transmit, make, print,
113-publish, reproduce, cause, allow, buy, sell, receive, exchange, or disseminate any notice,
114-statement, advertisement, or minor’s name, telephone number, place of residence, physical
115-characteristics, or other descriptive or identifying information for the purpose of engaging
116-in, facilitating, encouraging, offering, or soliciting unlawful sadomasochistic abuse or
117-sexual conduct of or with a minor.
108+ (1) cause, induce, solicit, or knowingly allow a minor to engage as a subject 5
109+in the production of obscene matter or a visual representation or performance that depicts 6
110+a minor engaged as a subject in sadomasochistic abuse or sexual conduct; 7
118111
119- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
120-October 1, 2024.
112+ (2) photograph or film a minor engaging in an obscene act, sadomasochistic 8
113+abuse, or sexual conduct; 9
121114
122-Approved by the Governor, May 16, 2024.
115+ (3) use a computer to depict or describe a minor engaging in an obscene act, 10
116+sadomasochistic abuse, or sexual conduct; 11
117+
118+ (4) knowingly promote, advertise, solicit, distribute, or possess with the 12
119+intent to distribute any matter, visual representation, or performance: 13
120+
121+ (i) that depicts a minor engaged as a subject in sadomasochistic 14
122+abuse or sexual conduct; or 15
123+
124+ (ii) in a manner that reflects the belief, or that is intended to cause 16
125+another to believe, that the matter, visual representation, or performance depicts a minor 17
126+engaged as a subject of sadomasochistic abuse or sexual conduct; or 18
127+
128+ (5) use a computer to knowingly compile, enter, transmit, make, print, 19
129+publish, reproduce, cause, allow, buy, sell, receive, exchange, or disseminate any notice, 20
130+statement, advertisement, or minor’s name, telephone number, place of residence, physical 21
131+characteristics, or other descriptive or identifying information for the purpose of engaging 22
132+in, facilitating, encouraging, offering, or soliciting unlawful sadomasochistic abuse or 23
133+sexual conduct of or with a minor. 24
134+
135+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 25
136+October 1, 2024. 26
137+