Maryland 2024 Regular Session

Maryland Senate Bill SB391

Introduced
1/18/24  
Refer
1/18/24  
Report Pass
2/27/24  
Engrossed
3/1/24  
Refer
3/4/24  
Report Pass
3/29/24  
Enrolled
4/3/24  
Chaptered
5/16/24  

Caption

Criminal Law - Sexual Extortion, Stalking, and Revenge Porn - Statute of Limitations and In Banc Review

Impact

The enactment of SB391 will directly modify the Criminal Law Article in Maryland, specifically concerning crimes like sexual extortion and stalking. This reformation could lead to a higher rate of prosecutions for these offenses, potentially encouraging victims who previously felt that there was no legal recourse due to time limitations. Additionally, by classifying revenge porn as a criminal offense, the law aims to deter this form of abuse and provide mechanisms for victims to seek justice. As a result, the bill is expected to impact legal practices, victim support, and law enforcement procedures regarding such crimes.

Summary

Senate Bill 391 focuses on strengthening legal measures against sexual extortion, stalking, and the distribution of revenge porn in Maryland. It proposes significant changes to existing laws by altering the statute of limitations for prosecuting these crimes. Notably, the bill allows for the prosecution of sexual extortion and stalking at any time without a statute of limitations constraint, establishing a five-year limit for sexual extortion and a ten-year provision for stalking. This legislative change signals Maryland's commitment to protecting victims of such crimes more effectively and acknowledging the ongoing nature of the harm inflicted by these actions.

Sentiment

Overall, the sentiment around SB391 has been supportive, with advocates highlighting the necessity for stronger legal protections against these insidious crimes. Activist groups and legal experts have generally expressed approval of the revisions, stating that they are long overdue and essential for victim empowerment. However, there are concerns about the potential for increased prosecutions leading to a burden on the judicial system. Critics have raised questions regarding the implementation and effectiveness of the law in preventing these crimes versus solely punishing them after the fact.

Contention

While SB391 is largely supported, there are ongoing discussions about the adequacy of resources for implementation, including the potential need for additional training for law enforcement and support services for victims. Moreover, some members of the community worry about the broad implications of allowing prosecution at any time for sexual extortion and stalking, fearing it may lead to overreach in legal actions. The balance between protecting victim rights and ensuring fair legal processes remains a critical point of contention among legislators and stakeholders.

Companion Bills

MD HB544

Crossfiled Criminal Law - Sexual Extortion, Stalking, and Revenge Porn - Statute of Limitations and In Banc Review

Previously Filed As

MD SB54

Criminal Law – Unnatural or Perverted Sexual Practice – Repeal

MD HB131

Criminal Law – Unnatural or Perverted Sexual Practice – Repeal

MD SB686

Civil Actions - Child Sexual Abuse - Definition, Damages, and Statute of Limitations (The Child Victims Act of 2023)

MD HB1

Civil Actions - Child Sexual Abuse - Definition, Damages, and Statute of Limitations (The Child Victims Act of 2023)

MD HB350

Public Schools - Reporting of Sexual Misconduct, Stalking, and Harassment (Report Act of 2023)

MD SB899

Criminal Law - Child Pornography - Prohibitions

MD SB129

Criminal Law - Sexual Crimes - Repeal of Spousal Defense

MD HB4

Criminal Law - Sexual Crimes - Repeal of Spousal Defense

MD HB226

Criminal Law - Person in a Position of Authority - Sexual Offenses With a Minor

MD SB391

Criminal Procedure - Victims of Sexually Assaultive Behavior

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