EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0394*
HOUSE BILL 394
D3 5lr0834
By: Delegates Grammer, Arikan, Chisholm, Fisher, M. Morgan, Nawrocki, and
Szeliga
Introduced and read first time: January 16, 2025
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Civil Actions – Distribution of Obscene Material to Minors and Age Verification 2
Information 3
FOR the purpose of establishing that a commercial entity that distributes obscene material 4
to minors on the Internet from certain websites is liable for certain damages; 5
prohibiting a commercial entity or third party that performs a certain age 6
verification of an individual from retaining any identifying information of an 7
individual under certain circumstances; and generally relating to the distribution of 8
obscene material to minors. 9
BY adding to 10
Article – Courts and Judicial Proceedings 11
Section 3–2601 and 3–2602 to be under the new subtitle “Subtitle 26. Distribution of 12
Obscene Material to Minors” 13
Annotated Code of Maryland 14
(2020 Replacement Volume and 2024 Supplement) 15
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16
That the Laws of Maryland read as follows: 17
Article – Courts and Judicial Proceedings 18
SUBTITLE 26. DISTRIBUTION OF OBSCENE MATERIAL TO MINORS. 19
3–2601. 20
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 21
INDICATED. 22
2 HOUSE BILL 394
(B) “COMMERCIAL ENTITY ” MEANS A CORPORATION , LIMITED LIABILITY 1
COMPANY, PARTNERSHIP , LIMITED PARTNERSHIP , OR SOLE PROPRIETORSH IP, OR 2
ANY OTHER LEGALLY RE COGNIZED ENTITY . 3
(C) “DISTRIBUTE” MEANS TO ISSUE , SELL, GIVE, PUBLISH, PROVIDE, 4
DELIVER, TRANSFER, TRANSMIT, CIRCULATE, OR DISSEMINATE BY AN Y MEANS. 5
(D) “NEWS–GATHERING ORGANIZATI ON EMPLOYEE ” MEANS: 6
(1) AN EMPLOYEE OF A NEWS PAPER, NEWS PUBLICATION , OR NEWS 7
SOURCE, WHETHER IN PRINT OR ON AN ONLIN E OR MOBILE PLATFORM , OF CURRENT 8
NEWS AND PUBLIC INTE REST, WHILE OPERATING AS A N EMPLOYEE , WHO CAN 9
PROVIDE DOCUMENTATIO N OF THE EMPLOYMENT ; OR 10
(2) AN EMPLOYEE OF A RADI O BROADCAST STATION , TELEVISION 11
BROADCAST STATION , CABLE TELEVISION OPE RATOR, OR WIRE SERVICE WHIL E 12
OPERATING AS AN EMPL OYEE, WHO CAN PROVIDE DOCU MENTATION OF THE 13
EMPLOYMENT . 14
(E) “OBSCENE” HAS THE MEANING STAT ED IN § 11–203 OF THE CRIMINAL 15
LAW ARTICLE. 16
(F) “REASONABLE AGE VERIFI CATION METHODS ” INCLUDES VERIFYING 17
THAT A PERSON SEEKIN G TO ACCESS MATERIAL IS AT LEAST 18 YEARS OLD BY 18
REQUIRING THE PERSON ATTEMPTING TO ACCESS THE MATERIAL TO COMP LY WITH 19
A COMMERCIAL AGE VER IFICATION SYSTEM THAT VERIFIES IN AT LEAST ONE OF THE 20
FOLLOWING WAYS : 21
(1) GOVERNMENT –ISSUED IDENTIFICATIO N; OR 22
(2) ANY COMMERCIALLY REAS ONABLE METHOD THAT R ELIES ON 23
PUBLIC OR PRIVATE TR ANSACTIONAL DATA TO VERIFY THAT THE PERS ON 24
ATTEMPTING TO ACCESS THE INFORMATIO N IS AT LEAST 18 YEARS OLD. 25
(G) “SUBSTANTIAL PORTION ” MEANS MORE THAN ONE –THIRD OF THE 26
TOTAL MATERIAL ON A WEBSITE. 27
(H) (1) “TRANSACTIONAL DATA ” MEANS A SEQUENCE OF INFORMATION 28
THAT DOCUMENTS AN EX CHANGE, AN AGREEMENT , OR A TRANSFER BETWEE N AN 29
INDIVIDUAL, A COMMERCIAL ENTITY , OR A THIRD PARTY USE D FOR THE PURPOSE 30
OF SATISFYING A REQU EST OR AN EVENT . 31
HOUSE BILL 394 3
(2) “TRANSACTIONAL DATA ” INCLUDES RECORDS FRO M MORTGAGE , 1
EDUCATION, AND EMPLOYMENT ENTIT IES. 2
3–2602. 3
(A) THIS SECTION MAY NOT BE CONSTRUED T O IMPOSE LIABILITY O N AN 4
INTERNET SERVICE PROV IDER, OR ITS AFFILIATES OR SUBSIDIARIES, A SEARCH 5
ENGINE, OR A CLOUD SERVICE P ROVIDER, SOLELY FOR PROVIDING ACCESS OR 6
CONNECTION TO OR FRO M A WEBSITE OR OTHER INFORMATION OR CONTE NT ON 7
THE INTERNET OR A FACILIT Y, SYSTEM, OR NETWORK NOT UNDER THE SERVICE 8
PROVIDER’S CONTROL INCLUDING TRANSMISSION , DOWNLOADING , INTERMEDIATE 9
STORAGE, ACCESS SOFTWARE , OR OTHER SERVICE TO THE EXTENT THAT THE 10
SERVICE PROVIDER IS NOT RESPONSIBLE FOR THE CREATION OR COMM UNICATION 11
OF THE OBSCENE MATERIAL . 12
(B) THIS SECTION DOES NOT APPLY TO ANY BONA FI DE NEWS OR PUBLIC 13
INTEREST BROADCAST , WEBSITE VIDEO , REPORT, OR EVENT AND MAY NOT BE 14
CONSTRUED TO AFFECT THE RIGHTS OF ANY NE WS–GATHERING ORGANIZATI ON 15
EMPLOYEES. 16
(C) (1) A COMMERCIAL ENTI TY THAT KNOWINGLY AN D INTENTIONALLY 17
DISTRIBUTES OBSCENE MATERIAL ON THE INTERNET FROM A WEBSI TE THAT 18
CONTAINS A SUBSTANTI AL PORTION OF OBSCEN E MATERIAL SHALL PER FORM 19
REASONABLE AGE VERIF ICATION METHODS TO V ERIFY THE AGE OF IND IVIDUALS 20
ATTEMPTING TO ACCESS THE MATERIAL . 21
(2) A COMMERCIAL ENTITY OR THIRD PARTY THAT PER FORMS AN 22
AGE VERIFICATION REQ UIRED UNDER THIS SUB SECTION MAY NOT RETA IN ANY 23
IDENTIFYING INFORMAT ION ABOUT INDIVIDUAL S ATTEMPTING TO ACCE SS 24
OBSCENE MATERIAL AFT ER ACCESS TO THE MAT ERIAL HAS BEEN GRANT ED OR 25
DENIED. 26
(D) (1) A PERSON MAY BRING AN ACTION AGAINST A COM MERCIAL 27
ENTITY THAT VIOLATES SUBSECTION (C) OF THIS SECTION FOR DAMAGES 28
RESULTING FROM : 29
(I) A MINOR’S ACCESSING OF OBSCE NE MATERIAL; OR 30
(II) THE RETENTION OF IDEN TIFYING INFORMATION OF AN 31
INDIVIDUAL. 32
(2) A COURT MAY AWARD COST S AND REASONABLE ATT ORNEY’S FEES 33
TO A PREVAILING PLAI NTIFF UNDER THIS SEC TION. 34 4 HOUSE BILL 394
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 1
October 1, 2025. 2