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§ 11-208. Possession of visual representation of child under 16 engaged in certain sexual acts

West's Annotated Code of MarylandCriminal LawEffective: October 1, 2023

West's Annotated Code of Maryland
Criminal Law (Refs & Annos)
Title 11. Indecency and Obscenity
Subtitle 2. Obscene Matter (Refs & Annos)
Effective: October 1, 2023
MD Code, Criminal Law, § 11-208
Formerly cited as MD CODE Art. 27, § 419B
§ 11-208. Possession of visual representation of child under 16 engaged in certain sexual acts
Currentness
“Indistinguishable from an actual and identifiable child” defined
(a)(1) In this section, “indistinguishable from an actual and identifiable child” means an ordinary person would conclude that the image is of an actual and identifiable minor.
(2) “Indistinguishable from an actual and identifiable child” includes a computer-generated image that has been created, adapted, or modified to appear as an actual and identifiable child.
(3) “Indistinguishable from an actual and identifiable child” does not include images or items depicting minors that are:
(i) drawings;
(ii) cartoons;
(iii) sculptures; or
(iv) paintings.
Prohibited
(b)(1) A person may not knowingly possess and intentionally retain a film, videotape, photograph, or other visual representation showing an actual child or a computer-generated image that is indistinguishable from an actual and identifiable child under the age of 16 years:
(i) engaged as a subject of sadomasochistic abuse;
(ii) engaged in sexual conduct; or
(iii) in a state of sexual excitement.
(2) A person may not knowingly or intentionally access and intentionally view a film, videotape, photograph, or other visual representation showing an actual child or a computer-generated image that is indistinguishable from an actual and identifiable child under the age of 16 years:
(i) engaged as a subject of sadomasochistic abuse;
(ii) engaged in sexual conduct; or
(iii) in a state of sexual excitement.
Penalty
(c)(1) Except as provided in paragraph (2) of this subsection, a person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $2,500 or both.
(2) A person who violates this section, having previously been convicted under this section, is guilty of a felony and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $10,000 or both.
Exemption
(d) Nothing in this section may be construed to prohibit a parent from possessing visual representations of the parent's own child in the nude unless the visual representations show the child engaged:
(1) as a subject of sadomasochistic abuse; or
(2) in sexual conduct and in a state of sexual excitement.
Affirmative defense
(e) It is an affirmative defense to a charge of violating this section that the person promptly and in good faith:
(1) took reasonable steps to destroy each visual representation; or
(2) reported the matter to a law enforcement agency.

Credits

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2004, c. 539, § 1, eff. Oct. 1, 2004; Acts 2007, c. 596, § 1, eff. Oct. 1, 2007; Acts 2009, c. 510, § 1, eff. Oct. 1, 2009; Acts 2009, c. 511, § 1, eff. Oct. 1, 2009; Acts 2012, c. 316, § 1, eff. Oct. 1, 2012; Acts 2012, c. 317, § 1, eff. Oct. 1, 2012; Acts 2019, c. 325, § 1, eff. Oct. 1, 2019; Acts 2019, c. 326, § 1, eff. Oct. 1, 2019; Acts 2021, c. 393, § 1, eff. Oct. 1, 2021; Acts 2023, c. 759, § 1, eff. Oct. 1, 2023.
Formerly Art. 27, § 419B.
MD Code, Criminal Law, § 11-208, MD CRIM LAW § 11-208
Current through legislation effective through April 25, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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