Maryland 2024 Regular Session

Maryland Senate Bill SB355 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	sb0355
6	6
7	7	SENATE BILL 355
8	8	E1 4lr2540
9	9	CF 4lr1427
10	10	By: Senator Salling
11	11	Introduced and read first time: January 16, 2024
12	12	Assigned to: Judicial Proceedings
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
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18	18	Criminal Law – Display of Obscene Material to Minors – Prohibition 2
19	19
20	20	FOR the purpose of altering the definition of “item” relating to the prohibition against 3
21	21	displaying or distributing obscene material to minors; prohibiting certain public 4
22	22	schools from displaying certain obscene material under certain circumstances; and 5
23	23	generally relating to the display of obscene material to minors. 6
24	24
25	25	BY repealing and reenacting, with amendments, 7
26	26	Article – Criminal Law 8
27	27	Section 11–203 9
28	28	Annotated Code of Maryland 10
29	29	(2021 Replacement Volume and 2023 Supplement) 11
30	30
31	31	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12
32	32	That the Laws of Maryland read as follows: 13
33	33
34	34	Article – Criminal Law 14
35	35
36	36	11–203. 15
37	37
38	38	(a) (1) In this section the following words have the meanings indicated. 16
39	39
40	40	(2) “Distribute” includes to rent. 17
41	41
42	42	(3) “Illicit sex” means: 18
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44	44	(i) human genitals in a state of sexual stimulation or arousal; 19
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46	46	(ii) acts of human masturbation, sexual intercourse, or sodomy; or 20
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48	48	(iii) fondling or other erotic touching of human genitals. 21 2 SENATE BILL 355
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52	52	(4) “Item” means a: 1
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54	54	(i) still picture, DRAWING, ILLUSTRATION , or photograph; 2
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56	56	(ii) book, pocket book, pamphlet, or magazine; 3
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58	58	(iii) videodisc, videotape, video game, film, or computer disc; or 4
59	59
60	60	(iv) recorded telephone message. 5
61	61
62	62	(5) “Obscene” means: 6
63	63
64	64	(i) that the average adult applying contemporary community 7
65	65	standards would find that the work, taken as a whole, appeals to the prurient interest; 8
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67	67	(ii) that the work depicts sexual conduct specified in subsection (b) 9
68	68	of this section in a way that is patently offensive to prevailing standards in the adult 10
69	69	community as a whole with respect to what is suitable material; and 11
70	70
71	71	(iii) that the work, taken as a whole, lacks serious artistic, 12
72	72	educational, literary, political, or scientific value. 13
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74	74	(6) “Partially nude figure” means a figure with: 14
75	75
76	76	(i) less than completely and opaquely covered human genitals, pubic 15
77	77	region, buttocks, or female breast below a point immediately above the top of the areola; or 16
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79	79	(ii) human male genitals in a discernibly turgid state, even if 17
80	80	completely and opaquely covered. 18
81	81
82	82	(b) (1) A person may not willfully or knowingly display or exhibit to a minor 19
83	83	an item: 20
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85	85	(i) the cover or content of which is principally made up of an obscene 21
86	86	description or depiction of illicit sex; or 22
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88	88	(ii) that consists of an obscene picture of a nude or partially nude 23
89	89	figure. 24
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91	91	(2) A person may not willfully or knowingly engage in the business of 25
92	92	displaying, exhibiting, selling, showing, advertising for sale, or distributing to a minor an 26
93	93	item: 27
94	94
95	95	(i) the cover or content of which is principally made up of an obscene 28
96	96	description or depiction of illicit sex; or 29
97	97	SENATE BILL 355 3
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100	100	(ii) that consists of an obscene picture of a nude or partially nude 1
101	101	figure. 2
102	102
103	103	(3) If a PUBLIC SCHOOL OR newsstand or other place of business is 3
104	104	frequented by minors, the owner, operator, franchisee, manager, SCHOOL PRINCIPAL , or 4
105	105	an employee with managerial responsibility may not openly and knowingly display at the 5
106	106	[place of business] PREMISES an item whose sale, display, exhibition, RENTAL, 6
107	107	BORROWING , showing, or advertising is prohibited by paragraph (2) of this subsection. 7
108	108
109	109	(c) The provision of services or facilities by a telephone company under a tariff 8
110	110	approved by the Public Service Commission is not a violation of subsection (b) of this section 9
111	111	relating to recorded telephone messages. 10
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113	113	(d) A person who violates this section is guilty of a misdemeanor and on conviction 11
114	114	is subject to: 12
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116	116	(1) for a first violation, imprisonment not exceeding 1 year or a fine not 13
117	117	exceeding $1,000 or both; and 14
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119	119	(2) for each subsequent violation, imprisonment not exceeding 3 years or a 15
120	120	fine not exceeding $5,000 or both. 16
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122	122	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take e ffect 17
123	123	October 1, 2024. 18
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