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§ 3-709. Sextortion prohibited

West's Annotated Code of MarylandCriminal LawEffective: October 1, 2018

West's Annotated Code of Maryland
Criminal Law (Refs & Annos)
Title 3. Other Crimes Against the Person
Subtitle 7. Extortion and Other Threats
Effective: October 1, 2018
MD Code, Criminal Law, § 3-709
§ 3-709. Sextortion prohibited
Currentness
Definitions
(a)(1) In this section the following words have the meanings indicated.
(2) “Intimate parts” has the meaning stated in § 3-809 of this title.
(3) “Sexual activity” has the meaning stated in § 3-809 of this title.
In general
(b) A person may not cause another to:
(1) engage in an act of sexual activity by threatening to:
(i) accuse any person of a crime or of anything that, if true, would bring the person into contempt or disrepute;
(ii) cause physical injury to a person;
(iii) inflict emotional distress on a person;
(iv) cause economic damage to a person; or
(v) cause damage to the property of a person; or
(2) engage as a subject in the production of a visual representation or performance that depicts the other with the other's intimate parts exposed or engaging in or simulating an act of sexual activity by threatening to:
(i) accuse any person of a crime or of anything that, if true, would bring the person into contempt or disrepute;
(ii) cause physical injury to a person;
(iii) inflict emotional distress on a person;
(iv) cause economic damage to a person; or
(v) cause damage to the property of a person.
Penalty
(c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $10,000 or both.
Sentencing
(d) A sentence imposed under this section may be separate from and consecutive to or concurrent with a sentence for any crime based on the act establishing the violation of this section.
Confidentiality of visual representation depicting victim that is part of court records
(e) A visual representation depicting a victim that is part of a court record for a case arising from a prosecution under this section:
(1) subject to item (2) of this subsection, may not be made available for public inspection; and
(2) except as otherwise ordered by the court, may only be made available for inspection in relation to a criminal charge under this section to:
(i) court personnel;
(ii) a jury in a criminal case brought under this section;
(iii) the State's Attorney or the State's Attorney's designee;
(iv) the Attorney General or the Attorney General's designee;
(v) a law enforcement officer;
(vi) the defendant or the defendant's attorney; or
(vii) the victim or the victim's attorney.

Credits

Added by Acts 2018, c. 365, § 1, eff. Oct. 1, 2018.
MD Code, Criminal Law, § 3-709, MD CRIM LAW § 3-709
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document