§ 11-208.1. Interactive computer service providers; child pornography
West's Annotated Code of MarylandCriminal Law
MD Code, Criminal Law, § 11-208.1
§ 11-208.1. Interactive computer service providers; child pornography
(b) An investigative or law enforcement officer who receives information that an item of alleged child pornography resides on a server or other storage device controlled or owned by an interactive computer service provider shall:
(c)(1) If the interactive computer service provider does not voluntarily remove the item of alleged child pornography within the time period established in subsection (b) of this section, the investigative or law enforcement officer shall apply for a court order of authorization to remove the item of alleged child pornography in accordance with Title 10, Subtitle 4 of the Courts Article.
(d) The court shall review the application and testimony, if offered, and, upon a finding of probable cause, issue an order that:
(e)(1) The Office of the State's Attorney shall serve the court's order on the interactive computer service provider.
(f) An interactive computer service provider who is served with a court order under subsection (e) of this section shall remove the item of child pornography that is the subject of the order within 5 business days after receiving the court order, if practicable.
(g)(1) An interactive computer service provider may petition the court for relief for cause from an order issued under subsection (d) of this section.
(h)(1)(i) Subject to subparagraph (ii) of this paragraph, an interactive computer service provider shall report the location of an item of child pornography to the State Police if the item of child pornography:
(i) An interactive computer service provider who willfully violates subsection (f) of this section is guilty of a misdemeanor and on conviction is subject to:
(j) An interactive computer service provider who willfully violates subsection (f) or (h) of this section may be prosecuted, indicted, tried, and convicted in any county in or through which:
(k)(1) This section does not impose a duty on an interactive computer service provider actively to monitor its service or affirmatively to seek evidence of an item of child pornography on its service.
Credits
Added by Acts 2004, c. 539, § 1, eff. Oct. 1, 2004.
MD Code, Criminal Law, § 11-208.1, MD CRIM LAW § 11-208.1
Current with all legislation from the 2023 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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