HARRY HUGHES, Governor                                      2557

(5) ANY OTHER METHOD AUTHORIZED BY AN APPLICABLE
PROVISION OF LAW OR RULE OF EVIDENCE.

FOR the purpose of providing that a person who takes certain
action that depicts a child engaged in sexual conduct is
subject to a certain penalty; altering a penalty; providing
that in a certain action and under certain circumstances,
the. State's Attorney is not required to identify or produce
testimony from the child who is depicted in obscene matter;
providing certain factors that may be used by the court or
jury in determining the age of the child; and generally
relating to child pornography.

BY repealing and reenacting, with amendments,

Article 27 - Crimes and Punishments

Section 419A

Annotated Code of Maryland

(1982 Replacement Volume and 1984 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article 27 - Crimes and Punishments

419A.

(a) Every person who solicits, causes, induces, or
knowingly permits a person under 16 years of age to engage as a
subject in the production of obscene matter is subject to the
penalty provided in subsection (c).

(b) Every person who photographs or films a person under 16
years of age engaging in an obscene act is subject to the penalty
provided in subsection (c).

(C) EVERY PERSON WHO KNOWINGLY PROMOTES, DISTRIBUTES, OR
POSSESSES WITH INTENT TO DISTRIBUTE ANY MATTER OR OTHER VISUAL
REPRESENTATION, WHICH DEPICTS A CHILD ENGAGED AS A SUBJECT IN
SEXUAL CONDUCT, AS DEFINED IN § 416A OF THIS ARTICLE, IS SUBJECT
TO THE PENALTY PROVIDED IN SUBSECTION (D) OF THIS SECTION.

(c) (D) Every person who violates the provisions of this
section is guilty of a felony and upon conviction shall be fined
not more than $15,000 $25,000 or imprisoned for 10 years, or both
in the discretion of the court.

(D) (E) (1) IN ANY ACTION BROUGHT UNDER THIS   SECTION, WHERE

THE CHILD'S IDENTITY IS UNKNOWN OR WHERE THE CHILD IS OUTSIDE THE

JURISDICTION, THE STATE'S ATTORNEY IS NOT REQUIRED TO IDENTIFY OR

PRODUCE TESTIMONY FROM THE CHILD WHO IS DEPICTED IN THE OBSCENE
MATTER.