MD
Maryland Senate Bill SB391

Maryland 2024 Regular Session

Maryland Senate Bill SB391 Compare Versions

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1- WES MOORE, Governor Ch. 772
21
3-– 1 –
4-Chapter 772
5-(Senate Bill 391)
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+ *sb0391*
89
9-Criminal Law – Sexual Extortion, Stalking, and Revenge Porn – Statute of
10-Limitations and In Banc Review
10+SENATE BILL 391
11+E1, E2 4lr1710
12+ CF HB 544
13+By: Senators Kelly Kelly, Smith, Waldstreicher, Sydnor, West, Muse, Folden,
14+James, McKay, Charles, and Carozza
15+Introduced and read first time: January 18, 2024
16+Assigned to: Judicial Proceedings
17+Committee Report: Favorable with amendments
18+Senate action: Adopted
19+Read second time: February 18, 2024
1120
12-FOR the purpose of altering the statute of limitations applicable to the crimes of sexual
13-extortion and stalking; providing that the State may institute a prosecution for
14-sexual extortion, stalking, or revenge porn at any time; providing that, for purposes
15-of the Maryland Constitution, a person who commits sexual extortion, stalking, or
16-revenge porn shall be deemed to have committed a misdemeanor whose punishment
17-is confinement in the penitentiary and may reserve a point or question for a certain
18-in banc review; and generally relating to sexual extortion, stalking, and revenge
19-porn.
21+CHAPTER ______
2022
21-BY repealing and reenacting, without amendments,
22- Article – Courts and Judicial Proceedings
23-Section 5–106(a) and (b)
24- Annotated Code of Maryland
25- (2020 Replacement Volume and 2023 Supplement)
23+AN ACT concerning 1
2624
27-BY adding to
28- Article – Courts and Judicial Proceedings
29- Section 5–106(gg) and (hh)
30- Annotated Code of Maryland
31- (2020 Replacement Volume and 2023 Supplement)
25+Criminal Law – Sexual Extortion, Stalking, and Revenge Porn – Statute of 2
26+Limitations and In Banc Review 3
3227
33-BY repealing and reenacting, with amendments,
34- Article – Criminal Law
35-Section 3–709, 3–802, and 3–809
36- Annotated Code of Maryland
37- (2021 Replacement Volume and 2023 Supplement)
28+FOR the purpose of altering the statute of limitations applicable to the crimes of sexual 4
29+extortion and stalking; providing that the State may institute a prosecution for 5
30+sexual extortion, stalking, or revenge porn at any time; providing that, for purposes 6
31+of the Maryland Constitution, a person who commits sexual extortion, stalking, or 7
32+revenge porn shall be deemed to have committed a misdemeanor whose punishment 8
33+is confinement in the penitentiary and may reserve a point or question for a certain 9
34+in banc review; and generally relating to sexual extortion, stalking, and revenge 10
35+porn. 11
3836
39- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
40-That the Laws of Maryland read as follows:
37+BY repealing and reenacting, without amendments, 12
38+ Article – Courts and Judicial Proceedings 13
39+Section 5–106(a) and (b) 14
40+ Annotated Code of Maryland 15
41+ (2020 Replacement Volume and 2023 Supplement) 16
4142
42-Article – Courts and Judicial Proceedings
43+BY adding to 17
44+ Article – Courts and Judicial Proceedings 18
45+ Section 5–106(gg) and (hh) 19
46+ Annotated Code of Maryland 20
47+ (2020 Replacement Volume and 2023 Supplement) 21
48+ 2 SENATE BILL 391
4349
44-5–106.
4550
46- (a) Except as provided by this section, § 1–303 of the Environment Article, and §
47-8–1815 of the Natural Resources Article, a prosecution for a misdemeanor shall be
48-instituted within 1 year after the offense was committed.
49- Ch. 772 2024 LAWS OF MARYLAND
51+BY repealing and reenacting, with amendments, 1
52+ Article – Criminal Law 2
53+Section 3–709, 3–802, and 3–809 3
54+ Annotated Code of Maryland 4
55+ (2021 Replacement Volume and 2023 Supplement) 5
5056
51-– 2 –
52- (b) Notwithstanding § 9–103(a)(3) of the Correctional Services Article or any
53-other provision of the Code, if a statute provides that a misdemeanor is punishable by
54-imprisonment in the penitentiary or that a person is subject to this subsection:
57+ SECTION 1. BE IT ENACTED BY T HE GENERAL ASSEMBLY OF MARYLAND, 6
58+That the Laws of Maryland read as follows: 7
5559
56- (1) The State may institute a prosecution for the misdemeanor at any time;
57-and
60+Article – Courts and Judicial Proceedings 8
5861
59- (2) For purposes of the Maryland Constitution, the person:
62+5–106. 9
6063
61- (i) Shall be deemed to have committed a misdemeanor whose
62-punishment is confinement in the penitentiary; and
64+ (a) Except as provided by this section, § 1–303 of the Environment Article, and § 10
65+8–1815 of the Natural Resources Article, a prosecution for a misdemeanor shall be 11
66+instituted within 1 year after the offense was committed. 12
6367
64- (ii) May reserve a point or question for in banc review as provided
65-under Article IV, § 22 of the Maryland Constitution.
68+ (b) Notwithstanding § 9–103(a)(3) of the Correctional Services Article or any 13
69+other provision of the Code, if a statute provides that a misdemeanor is punishable by 14
70+imprisonment in the penitentiary or that a person is subject to this subsection: 15
6671
67- (GG) THE STATUTE OF LIMITA TIONS FOR THE PROSEC UTION OF THE CRIME
68-OF SEXUAL EXTORTION IN VIOLATION OF § 3–709 OF THE CRIMINAL LAW ARTICLE
69-IS 5 YEARS.
72+ (1) The State may institute a prosecution for the misdemeanor at any time; 16
73+and 17
7074
71- (HH) THE STATUTE OF LIMITA TIONS FOR THE PROSEC UTION OF THE CRIME
72-OF STALKING IN VIOLA TION OF § 3–802 OF THE CRIMINAL LAW ARTICLE IS 10
73-YEARS.
75+ (2) For purposes of the Maryland Constitution, the person: 18
7476
75-Article – Criminal Law
77+ (i) Shall be deemed to have committed a misdemeanor whose 19
78+punishment is confinement in the penitentiary; and 20
7679
77-3–709.
80+ (ii) May reserve a point or question for in banc review as provided 21
81+under Article IV, § 22 of the Maryland Constitution. 22
7882
79- (a) (1) In this section the following words have the meanings indicated.
83+ (GG) THE STATUTE OF LIMITA TIONS FOR THE PROSECUTION OF THE C RIME 23
84+OF SEXUAL EXTORTION IN VIOLATION OF § 3–709 OF THE CRIMINAL LAW ARTICLE 24
85+IS 5 YEARS. 25
8086
81- (2) “Intimate parts” has the meaning stated in § 3–809 of this title.
87+ (HH) THE STATUTE OF LIMITA TIONS FOR THE PROSEC UTION OF THE CRIME 26
88+OF STALKING IN VIOLA TION OF § 3–802 OF THE CRIMINAL LAW ARTICLE IS 10 27
89+YEARS. 28
8290
83- (3) “Sexual activity” has the meaning stated in § 3–809 of this title.
91+Article – Criminal Law 29
8492
85- (b) A person may not cause another to:
93+3–709. 30
8694
87- (1) engage in an act of sexual activity by threatening to:
95+ (a) (1) In this section the following words have the meanings indicated. 31
96+ SENATE BILL 391 3
8897
89- (i) accuse any person of a crime or of anything that, if true, would
90-bring the person into contempt or disrepute;
9198
92- (ii) cause physical injury to a person;
99+ (2) “Intimate parts” has the meaning stated in § 3–809 of this title. 1
93100
94- (iii) inflict emotional distress on a person;
101+ (3) “Sexual activity” has the meaning stated in § 3–809 of this title. 2
95102
96- (iv) cause economic damage to a person; or
97- WES MOORE, Governor Ch. 772
103+ (b) A person may not cause another to: 3
98104
99-– 3 –
100- (v) cause damage to the property of a person; or
105+ (1) engage in an act of sexual activity by threatening to: 4
101106
102- (2) engage as a subject in the production of a visual representation or
103-performance that depicts the other with the other’s intimate parts exposed or engaging in
104-or simulating an act of sexual activity by threatening to:
107+ (i) accuse any person of a crime or of anything that, if true, would 5
108+bring the person into contempt or disrepute; 6
105109
106- (i) accuse any person of a crime or of anything that, if true, would
107-bring the person into contempt or disrepute;
110+ (ii) cause physical injury to a person; 7
108111
109- (ii) cause physical injury to a person;
112+ (iii) inflict emotional distress on a person; 8
110113
111- (iii) inflict emotional distress on a person;
114+ (iv) cause economic damage to a person; or 9
112115
113- (iv) cause economic damage to a person; or
116+ (v) cause damage to the property of a person; or 10
114117
115- (v) cause damage to the property of a person.
118+ (2) engage as a subject in the production of a visual representation or 11
119+performance that depicts the other with the other’s intimate parts exposed or engaging in 12
120+or simulating an act of sexual activity by threatening to: 13
116121
117- (c) A person who violates this section is guilty of a misdemeanor and on conviction
118-is subject to imprisonment not exceeding 10 years or a fine not exceeding $10,000 or both.
122+ (i) accuse any person of a crime or of anything that, if true, would 14
123+bring the person into contempt or disrepute; 15
119124
120- (d) A sentence imposed under this section may be separate from and consecutive
121-to or concurrent with a sentence for any crime based on the act establishing the violation
122-of this section.
125+ (ii) cause physical injury to a person; 16
123126
124- (e) A PERSON WHO VIOLATES THIS SECTION IS SUBJ ECT TO § 5–106(B) OF
125-THE COURTS ARTICLE.
127+ (iii) inflict emotional distress on a person; 17
126128
127- (F) A visual representation depicting a victim that is part of a court record for a
128-case arising from a prosecution under this section:
129+ (iv) cause economic damage to a person; or 18
129130
130- (1) subject to item (2) of this subsection, may not be made available for
131-public inspection; and
131+ (v) cause damage to the property of a person. 19
132132
133- (2) except as otherwise ordered by the court, may only be made available
134-for inspection in relation to a criminal charge under this section to:
133+ (c) A person who violates this section is guilty of a misdemeanor and on conviction 20
134+is subject to imprisonment not exceeding 10 years or a fine not exceeding $10,000 or both. 21
135135
136- (i) court personnel;
136+ (d) A sentence imposed under this section may be separate from and consecutive 22
137+to or concurrent with a sentence for any crime based on the act establishing the violation 23
138+of this section. 24
137139
138- (ii) a jury in a criminal case brought under this section;
140+ (e) A PERSON WHO VIOLATES THIS SECTION IS SUBJ ECT TO § 5–106(B) OF 25
141+THE COURTS ARTICLE. 26
139142
140- (iii) the State’s Attorney or the State’s Attorney’s designee;
143+ (F) A visual representation depicting a victim that is part of a court record for a 27
144+case arising from a prosecution under this section: 28
145+ 4 SENATE BILL 391
141146
142- (iv) the Attorney General or the Attorney General’s designee;
143147
144- (v) a law enforcement officer;
145- Ch. 772 2024 LAWS OF MARYLAND
148+ (1) subject to item (2) of this subsection, may not be made available for 1
149+public inspection; and 2
146150
147-– 4 –
148- (vi) the defendant or the defendant’s attorney; or
151+ (2) except as otherwise ordered by the court, may only be made available 3
152+for inspection in relation to a criminal charge under this section to: 4
149153
150- (vii) the victim or the victim’s attorney.
154+ (i) court personnel; 5
151155
152-3–802.
156+ (ii) a jury in a criminal case brought under this section; 6
153157
154- (a) In this section:
158+ (iii) the State’s Attorney or the State’s Attorney’s designee; 7
155159
156- (1) “stalking” means a malicious course of conduct that includes
157-approaching or pursuing another where:
160+ (iv) the Attorney General or the Attorney General’s designee; 8
158161
159- (i) the person intends to place or knows or reasonably should have
160-known the conduct would place another in reasonable fear:
162+ (v) a law enforcement officer; 9
161163
162- 1. A. of serious bodily injury;
164+ (vi) the defendant or the defendant’s attorney; or 10
163165
164- B. of an assault in any degree;
166+ (vii) the victim or the victim’s attorney. 11
165167
166- C. of rape or sexual offense as defined by §§ 3–303 through
167-3–308 of this title or attempted rape or sexual offense in any degree;
168+3–802. 12
168169
169- D. of false imprisonment; or
170+ (a) In this section: 13
170171
171- E. of death; or
172+ (1) “stalking” means a malicious course of conduct that includes 14
173+approaching or pursuing another where: 15
172174
173- 2. that a third person likely will suffer any of the acts listed
174-in item 1 of this item; or
175+ (i) the person intends to place or knows or reasonably should have 16
176+known the conduct would place another in reasonable fear: 17
175177
176- (ii) the person intends to cause or knows or reasonably should have
177-known that the conduct would cause serious emotional distress to another; and
178+ 1. A. of serious bodily injury; 18
178179
179- (2) “stalking” includes conduct described in item (1) of this subsection that
180-occurs:
180+ B. of an assault in any degree; 19
181181
182- (i) in person;
182+ C. of rape or sexual offense as defined by §§ 3–303 through 20
183+3–308 of this title or attempted rape or sexual offense in any degree; 21
183184
184- (ii) by electronic communication, as defined in § 3–805 of this
185-subtitle; or
185+ D. of false imprisonment; or 22
186186
187- (iii) through the use of a device that can pinpoint or track the location
188-of another without the person’s knowledge or consent.
187+ E. of death; or 23
189188
190- (b) The provisions of this section do not apply to conduct that is:
189+ 2. that a third person likely will suffer any of the acts listed 24
190+in item 1 of this item; or 25
191191
192- (1) performed to ensure compliance with a court order;
193- WES MOORE, Governor Ch. 772
192+ (ii) the person intends to cause or knows or reasonably should have 26
193+known that the conduct would cause serious emotional distress to another; and 27
194+ SENATE BILL 391 5
194195
195-– 5 –
196- (2) performed to carry out a specific lawful commercial purpose; or
197196
198- (3) authorized, required, or protected by local, State, or federal law.
197+ (2) “stalking” includes conduct described in item (1) of this subsection that 1
198+occurs: 2
199199
200- (c) A person may not engage in stalking.
200+ (i) in person; 3
201201
202- (d) A person who violates this section is guilty of a misdemeanor and on conviction
203-is subject to imprisonment not exceeding 5 years or a fine not exceeding $5,000 or both.
202+ (ii) by electronic communication, as defined in § 3–805 of this 4
203+subtitle; or 5
204204
205- (e) A sentence imposed under this section may be separate from and consecutive
206-to or concurrent with a sentence for any other crime based on the acts establishing a
207-violation of this section.
205+ (iii) through the use of a device that can pinpoint or track the location 6
206+of another without the person’s knowledge or consent. 7
208207
209- (F) A PERSON WHO VIOLATES THIS SECTION IS SUBJECT T O § 5–106(B) OF
210-THE COURTS ARTICLE.
208+ (b) The provisions of this section do not apply to conduct that is: 8
211209
212-3–809.
210+ (1) performed to ensure compliance with a court order; 9
213211
214- (a) (1) In this section the following words have the meanings indicated.
212+ (2) performed to carry out a specific lawful commercial purpose; or 10
215213
216- (2) “Distribute” means to give, sell, transfer, disseminate, publish, upload,
217-circulate, broadcast, make available, allow access to, or engage in any other form of
218-transmission, electronic or otherwise.
214+ (3) authorized, required, or protected by local, State, or federal law. 11
219215
220- (3) “Harm” means:
216+ (c) A person may not engage in stalking. 12
221217
222- (i) physical injury;
218+ (d) A person who violates this section is guilty of a misdemeanor and on conviction 13
219+is subject to imprisonment not exceeding 5 years or a fine not exceeding $5,000 or both. 14
223220
224- (ii) serious emotional distress; or
221+ (e) A sentence imposed under this section may be separate from and consecutive 15
222+to or concurrent with a sentence for any other crime based on the acts establishing a 16
223+violation of this section. 17
225224
226- (iii) economic damages.
225+ (F) A PERSON WHO VIOLATES THIS SECTION IS SUBJ ECT TO § 5–106(B) OF 18
226+THE COURTS ARTICLE. 19
227227
228- (4) “Intimate parts” means the naked genitals, pubic area, buttocks, or
229-female nipple.
228+3–809. 20
230229
231- (5) “Sexual activity” means:
230+ (a) (1) In this section the following words have the meanings indicated. 21
232231
233- (i) sexual intercourse, including genital–genital, oral–genital,
234-anal–genital, or oral–anal;
232+ (2) “Distribute” means to give, sell, transfer, disseminate, publish, upload, 22
233+circulate, broadcast, make available, allow access to, or engage in any other form of 23
234+transmission, electronic or otherwise. 24
235235
236- (ii) masturbation; or
236+ (3) “Harm” means: 25
237237
238- (iii) sadomasochistic abuse.
238+ (i) physical injury; 26
239239
240- (b) (1) This section does not apply to:
241- Ch. 772 2024 LAWS OF MARYLAND
240+ (ii) serious emotional distress; or 27
242241
243-– 6 –
244- (i) lawful and common practices of law enforcement, the reporting
245-of unlawful conduct, or legal proceedings; or
242+ (iii) economic damages. 28
243+ 6 SENATE BILL 391
246244
247- (ii) situations involving voluntary exposure in public or commercial
248-settings.
249245
250- (2) An interactive computer service, as defined in 47 U.S.C. § 230(f)(2), is
251-not liable under this section for content provided by another person.
246+ (4) “Intimate parts” means the naked genitals, pubic area, buttocks, or 1
247+female nipple. 2
252248
253- (c) A person may not knowingly distribute a visual representation of another
254-identifiable person that displays the other person with his or her intimate parts exposed or
255-while engaged in an act of sexual activity:
249+ (5) “Sexual activity” means: 3
256250
257- (1) with the intent to harm, harass, intimidate, threaten, or coerce the
258-other person;
251+ (i) sexual intercourse, including genital–genital, oral–genital, 4
252+anal–genital, or oral–anal; 5
259253
260- (2) (i) under circumstances in which the person knew that the other
261-person did not consent to the distribution; or
254+ (ii) masturbation; or 6
262255
263- (ii) with reckless disregard as to whether the person consented to the
264-distribution; and
256+ (iii) sadomasochistic abuse. 7
265257
266- (3) under circumstances in which the other person had a reasonable
267-expectation that the image would remain private.
258+ (b) (1) This section does not apply to: 8
268259
269- (d) A person who violates this section is guilty of a misdemeanor and on conviction
270-is subject to imprisonment not exceeding 2 years or a fine not exceeding $5,000 or both.
260+ (i) lawful and common practices of law enforcement, the reporting 9
261+of unlawful conduct, or legal proceedings; or 10
271262
272- (e) A PERSON WHO VIOLATES THIS SECTION IS SUBJ ECT TO § 5–106(B) OF
273-THE COURTS ARTICLE.
263+ (ii) situations involving voluntary exposure in public or commercial 11
264+settings. 12
274265
275- (F) A visual representation of a victim that is part of a court record for a case
276-arising from a prosecution under this section:
266+ (2) An interactive computer service, as defined in 47 U.S.C. § 230(f)(2), is 13
267+not liable under this section for content provided by another person. 14
277268
278- (1) subject to item (2) of this subsection, may not be made available for
279-public inspection; and
269+ (c) A person may not knowingly distribute a visual representation of another 15
270+identifiable person that displays the other person with his or her intimate parts exposed or 16
271+while engaged in an act of sexual activity: 17
280272
281- (2) except as otherwise ordered by the court, may only be made available
282-for inspection in relation to a criminal charge under this section to:
273+ (1) with the intent to harm, harass, intimidate, threaten, or coerce the 18
274+other person; 19
283275
284- (i) court personnel;
276+ (2) (i) under circumstances in which the person knew that the other 20
277+person did not consent to the distribution; or 21
285278
286- (ii) a jury in a criminal case brought under this section;
279+ (ii) with reckless disregard as to whether the person consented to the 22
280+distribution; and 23
287281
288- (iii) the State’s Attorney or the State’s Attorney’s designee;
289- WES MOORE, Governor Ch. 772
282+ (3) under circumstances in which the other person had a reasonable 24
283+expectation that the image would remain private. 25
290284
291-– 7 –
292- (iv) the Attorney General or the Attorney General’s designee;
285+ (d) A person who violates this section is guilty of a misdemeanor and on conviction 26
286+is subject to imprisonment not exceeding 2 years or a fine not exceeding $5,000 or both. 27
293287
294- (v) a law enforcement officer;
288+ (e) A PERSON WHO VIOLATES THIS SECTION IS SUBJ ECT TO § 5–106(B) OF 28
289+THE COURTS ARTICLE. 29
295290
296- (vi) the defendant or the defendant’s attorney; or
291+ (F) A visual representation of a victim that is part of a court record for a case 30
292+arising from a prosecution under this section: 31 SENATE BILL 391 7
297293
298- (vii) the victim or the victim’s attorney.
299294
300- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
301-October 1, 2024.
302295
303-Approved by the Governor, May 16, 2024.
296+ (1) subject to item (2) of this subsection, may not be made available for 1
297+public inspection; and 2
298+
299+ (2) except as otherwise ordered by the court, may only be made available 3
300+for inspection in relation to a criminal charge under this section to: 4
301+
302+ (i) court personnel; 5
303+
304+ (ii) a jury in a criminal case brought under this section; 6
305+
306+ (iii) the State’s Attorney or the State’s Attorney’s designee; 7
307+
308+ (iv) the Attorney General or the Attorney General’s designee; 8
309+
310+ (v) a law enforcement officer; 9
311+
312+ (vi) the defendant or the defendant’s attorney; or 10
313+
314+ (vii) the victim or the victim’s attorney. 11
315+
316+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 12
317+October 1, 2024. 13
318+
319+
320+
321+
322+Approved:
323+________________________________________________________________________________
324+ Governor.
325+________________________________________________________________________________
326+ President of the Senate.
327+________________________________________________________________________________
328+ Speaker of the House of Delegates.