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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, 2012

West's Annotated Code of Maryland
Criminal Law (Refs & Annos)
Title 11. Indecency and Obscenity
Subtitle 2. Obscene Matter (Refs & Annos)
Effective: October 1, 2012
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
Prohibited
(a) A person may not knowingly possess and intentionally retain a film, videotape, photograph, or other visual representation showing an actual child under the age of 16 years:
(1) engaged as a subject of sadomasochistic abuse;
(2) engaged in sexual conduct; or
(3) in a state of sexual excitement.
Penalty
(b)(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
(c) 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
(d) 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.
Formerly Art. 27, § 419B.

Editors' Notes

LEGISLATIVE NOTES
Revisor's Note (Acts 2002, c. 26):
This section is new language derived without substantive change from former Art. 27, § 419B.
In subsection (b) of this section, the references to a “violation” are substituted for the former references to an “offense” for consistency within this article. See General Revisor's Note to article.
In subsection (b)(2) of this section, the reference to “each” violation is substituted for the former reference to “a second or” subsequent offense for consistency within this article.
Defined terms: “Knowingly” § 11-201
“Person” § 1-101
“Sadomasochistic abuse” § 11-201
“Sexual conduct” § 11-201
“Sexual excitement” § 11-201
HISTORICAL AND STATUTORY NOTES
2004 Legislation
Acts 2004, c. 539, § 1, repealed and reenacted this section without amendment.
2007 Legislation
Acts 2007, c. 596, § 1, in subsec. (a), inserted “and intentionally retain”, and replaced “depicting an individual” with “showing an actual child”; in subsec. (b)(1) replaced “1 year,” with “2 years”; in subsec. (b)(2) replaced “$5,000” with “$10,000”; in subsec. (c) replaced “depict” with “show”; and added subsec. (d).
2009 Legislation
Acts 2009, c. 510, § 1, and Acts 2009, c. 511, § 1, rewrote subsec. (b), which previously had read:
“(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to:
“(1) for a first violation, imprisonment not exceeding 2 years or a fine not exceeding $2,500 or both; and
“(2) for each subsequent violation, imprisonment not exceeding 5 years or a fine not exceeding $10,000 or both.”
2012 Legislation
Acts 2012, c. 316, § 1, and Acts 2012, c. 317, § 1, repealed and reenacted this section without amendment.
Derivation:
Former Art. 27, § 419B, related to representations of persons under 16, repealed by Acts 2002, c. 26, § 1.
MD Code, Criminal Law, § 11-208, MD CRIM LAW § 11-208
Current through all legislation from the 2018 Regular Session of the General Assembly
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