MD
Maryland Senate Bill SB113

Maryland 2024 Regular Session

Maryland Senate Bill SB113 Compare Versions

OldNewDifferences
1- WES MOORE, Governor Ch. 834
21
3-– 1 –
4-Chapter 834
5-(Senate Bill 113)
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+ *sb0113*
89
9-Criminal Law – Sexual Solicitation of a Minor Through Child Pornography –
10-Prohibition
10+SENATE BILL 113
11+E1 4lr1179
12+ (PRE–FILED) CF HB 99
13+By: Senator Kelly Senators Kelly, Smith, Waldstreicher, Carter, McKay, Charles,
14+Sydnor, West, Muse, Folden, and James
15+Requested: October 26, 2023
16+Introduced and read first time: January 10, 2024
17+Assigned to: Judicial Proceedings
18+Committee Report: Favorable with amendments
19+Senate action: Adopted
20+Read second time: February 12, 2024
1121
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.
22+CHAPTER ______
1623
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)
24+AN ACT concerning 1
2225
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)
26+Criminal Law – Sexual Solicitation of a Minor Through Child Pornography – 2
27+Prohibition 3
2828
29- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
30-That the Laws of Maryland read as follows:
29+FOR the purpose of prohibiting an individual from knowingly and with a certain intent 4
30+soliciting a minor or law enforcement officer posing as a minor to engage in certain 5
31+prohibited sexual acts with the minor by a certain means; and generally relating to 6
32+sexual solicitation of a minor. 7
3133
32-Article – Criminal Law
34+BY repealing and reenacting, with amendments, 8
35+ Article – Criminal Law 9
36+Section 3–324 10
37+ Annotated Code of Maryland 11
38+ (2021 Replacement Volume and 2023 Supplement) 12
3339
34-3–324.
40+BY repealing and reenacting, without amendments, 13
41+ Article – Criminal Law 14
42+Section 11–207(a) 15
43+ Annotated Code of Maryland 16
44+ (2021 Replacement Volume and 2023 Supplement) 17
3545
36- (a) In this section, “solicit” means to command, authorize, urge, entice, request,
37-or advise a person by any means, including:
46+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18
47+That the Laws of Maryland read as follows: 19
48+ 2 SENATE BILL 113
3849
39- (1) in person;
4050
41- (2) through an agent or agency;
51+Article – Criminal Law 1
4252
43- (3) over the telephone;
53+3–324. 2
4454
45- (4) through any print medium;
55+ (a) In this section, “solicit” means to command, authorize, urge, entice, request, 3
56+or advise a person by any means, including: 4
4657
47- (5) by mail;
58+ (1) in person; 5
4859
49- (6) by computer or Internet; or Ch. 834 2024 LAWS OF MARYLAND
60+ (2) through an agent or agency; 6
5061
51-– 2 –
62+ (3) over the telephone; 7
5263
53- (7) by any other electronic means.
64+ (4) through any print medium; 8
5465
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.
66+ (5) by mail; 9
6167
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.
68+ (6) by computer or Internet; or 10
6969
70- (c) A violation of this section is considered to be committed in the State for
71-purposes of determining jurisdiction if the solicitation:
70+ (7) by any other electronic means. 11
7271
73- (1) originated in the State; or
72+ (b) (1) A person may not, with the intent to commit a violation of § 3–304 or § 12
73+3–307 of this subtitle or § 11–207, § 11–303, § 11–304, § 11–305, § 11–306, or § 11–307 of 13
74+this article, knowingly solicit a minor, or a law enforcement officer posing as a minor, to 14
75+engage in activities that would be unlawful for the person to engage in under § 3–304 or § 15
76+3–307 of this subtitle or § 11–207, § 11–303, § 11–304, § 11–305, § 11–306, or § 11–307 of 16
77+this article. 17
7478
75- (2) is received in the State.
79+ (2) A person may not, with the intent to commit a violation of § 3–304 or § 18
80+3–307 of this subtitle or § 11–207, § 11–303, § 11–304, § 11–305, § 11–306, or § 11–307 of 19
81+this article, knowingly solicit the consent of a parent, guardian, or custodian of a minor, or 20
82+a law enforcement officer posing as a parent, guardian, or custodian of a minor, to engage 21
83+in activities with the minor that would be unlawful for the person to engage in under § 22
84+3–304 or § 3–307 of this subtitle or § 11–207, § 11–303, § 11–304, § 11–305, § 11–306, or § 23
85+11–307 of this article. 24
7686
77- (d) A person who violates this section is guilty of a felony and on conviction is
78-subject to:
87+ (c) A violation of this section is considered to be committed in the State for 25
88+purposes of determining jurisdiction if the solicitation: 26
7989
80- (1) for a first offense, imprisonment not exceeding 10 years or a fine not
81-exceeding $25,000 or both; and
90+ (1) originated in the State; or 27
8291
83- (2) for a second or subsequent offense, imprisonment not exceeding 20
84-years or a fine not exceeding $50,000 or both.
92+ (2) is received in the State. 28
8593
86-11–207.
94+ (d) A person who violates this section is guilty of a felony and on conviction is 29
95+subject to: 30
96+ SENATE BILL 113 3
8797
88- (a) A person may not:
8998
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;
99+ (1) for a first offense, imprisonment not exceeding 10 years or a fine not 1
100+exceeding $25,000 or both; and 2
93101
94- (2) photograph or film a minor engaging in an obscene act, sadomasochistic
95-abuse, or sexual conduct;
96- WES MOORE, Governor Ch. 834
102+ (2) for a second or subsequent offense, imprisonment not exceeding 20 3
103+years or a fine not exceeding $50,000 or both. 4
97104
98-– 3 –
99- (3) use a computer to depict or describe a minor engaging in an obscene act,
100-sadomasochistic abuse, or sexual conduct;
105+11–207. 5
101106
102- (4) knowingly promote, advertise, solicit, distribute, or possess with the
103-intent to distribute any matter, visual representation, or performance:
107+ (a) A person may not: 6
104108
105- (i) that depicts a minor engaged as a subject in sadomasochistic
106-abuse or sexual conduct; or
109+ (1) cause, induce, solicit, or knowingly allow a minor to engage as a subject 7
110+in the production of obscene matter or a visual representation or performance that depicts 8
111+a minor engaged as a subject in sadomasochistic abuse or sexual conduct; 9
107112
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
113+ (2) photograph or film a minor engaging in an obscene act, sadomasochistic 10
114+abuse, or sexual conduct; 11
111115
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.
116+ (3) use a computer to depict or describe a minor engaging in an obscene act, 12
117+sadomasochistic abuse, or sexual conduct; 13
118118
119- SECTION 2. AND BE IT FURTH ER ENACTED, That this Act shall take effect
120-October 1, 2024.
119+ (4) knowingly promote, advertise, solicit, distribute, or possess with the 14
120+intent to distribute any matter, visual representation, or performance: 15
121121
122-Approved by the Governor, May 16, 2024.
122+ (i) that depicts a minor engaged as a subject in sadomasochistic 16
123+abuse or sexual conduct; or 17
124+
125+ (ii) in a manner that reflects the belief, or that is intended to cause 18
126+another to believe, that the matter, visual representation, or performance depicts a minor 19
127+engaged as a subject of sadomasochistic abuse or sexual conduct; or 20
128+
129+ (5) use a computer to knowingly compile, enter, transmit, make, print, 21
130+publish, reproduce, cause, allow, buy, sell, receive, exchange, or disseminate any notice, 22
131+statement, advertisement, or minor’s name, telephone number, place of residence, physical 23
132+characteristics, or other descriptive or identifying information for the purpose of engaging 24
133+in, facilitating, encouraging, offering, or soliciting unlawful sadomasochistic abuse or 25
134+sexual conduct of or with a minor. 26
135+
136+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 27
137+October 1, 2024. 28
138+