HARRY HUGHES, Governor

603

(d) Sexual conduct means human masturbation, sexual
intercourse, or any touching of or contact with the genitals,
pubic areas or buttocks of the human male or female, or the
breasts of the female, whether alone or between members of the
same or opposite sex, or between humans and animals.

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 ANY obscene matter OR ANY VISUAL
REPRESENTATION OR PERFORMANCE THAT DEPICTS A CHILD ENGAGED AS A
SUBJECT IN SEXUAL CONDUCT AS DEFINED IN § 416A(D) OF THIS
ARTICLE, is subject to the penalty provided in subsection [(c)]
(D).

(b)  Every person who photographs or films a person under 16
years of age engaging in an obscene act OR ENGAGING IN SEXUAL
CONDUCT AS DEFINED IN § 416A OF THIS ARTICLE, is subject to the
penalty provided in subsection [(c)] (D).

(c)  Every person who knowingly promotes, distributes, or
possesses with intent to distribute any matter or other visual
representation[, which] OR PERFORMANCE THAT 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.

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

(e)  (1) in 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 OR IN ANY VISUAL REPRESENTATION OR PERFORMANCE THAT
DEPICTS THE CHILD ENGAGED AS A SUBJECT IN SEXUAL CONDUCT AS
DEFINED IN § 416A OF THIS ARTICLE.

(2) The court or jury may determine whether a child
who is depicted in ANY obscene matter, OR ANY VISUAL
REPRESENTATION OR PERFORMANCE AS THE SUBJECT IN SEXUAL CONDUCT AS
DEFINED IN § 416A OF THIS ARTICLE, was under the age of 16 years
by observation of the [obscene] matter depicting the child, oral
testimony by a witness to the production of the [obscene] matter,
expert medical testimony, or any other method authorized by an
applicable provision of law or rule of evidence.

423.

(A) The prohibitions and penalties imposed in this subtitle
shall not extend to persons having bona fide scientific,
educational, governmental, ARTISTIC, NEWS, or other similar