Ch. 443

1996 LAWS OF MARYLAND

computer; prohibiting certain computer generated depictions of certain conduct of
or with a minor; authorizing the Department of State Police to exercise certain
police powers; and generally relating to computers and child pornography.

BY repealing and reenacting, with amendments,
Article 27 - Crimes and Punishments
Section 419A

Annotated Code of Maryland
(1992 Replacement Volume and 1995 Supplement)

BY repealing and reenacting, with amendments,
Article 88B - Department of State Police
Section 4(c)

Annotated Code of Maryland
(1995 Replacement Volume)

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)     In this section "minor" means an individual under 18 years of age.

(b)     Every person who solicits, causes, induces, or knowingly permits a minor to
engage as a subject in the production of any obscene matter or any visual representation
or performance that depicts a minor engaged as a subject in sexual conduct OR
SADOMASOCHISTIC ABUSE as defined in § 416A(d) § 416A of this article, is subject to the
penalty provided in subsection [(e)] (F) of this section.

(c)     Every person who photographs [ or], films, OR BY MEANS OF COMPUTER
KNOWINGLY DEPICTS OR DESCRIBES a minor engaging in an obscene act or engaging in
sexual conduct OR SADOMASOCHISTIC ABUSE as defined in § 416A of this article is
subject to the penalty provided in subsection [ (e)] (F) of this section.

(d)     Every person who knowingly promotes, distributes, or possesses with intent to
distribute any matter or other visual representation or performance that depicts a minor
engaged as a subject in sexual conduct OR SADOMASOCHISTIC ABUSE, as defined in §
416A of this article, is subject to the penalty provided in subsection [(e)] (F) of this
section.

(E) EVERY PERSON WHO, BY MEANS OF COMPUTER, KNOWINGLY COMPILES,
ENTERS, TRANSMITS, MAKES, PRINTS, PUBLISHES, REPRODUCES, CAUSES, ALLOWS,
BUYS, SELLS, RECEIVES, EXCHANGES, OR DISSEMINATES ANY NOTICE, STATEMENT,
ADVERTISEMENT, OR MINOR'S NAME, TELEPHONE NUMBER, PLACE OF RESIDENCE,
PHYSICAL CHARACTERISTICS, OR OTHER DESCRIPTIVE OR IDENTIFYING
INFORMATION FOR THE PURPOSE OF ENGAGING, FACILITATING, ENCOURAGING,
OFFERING, OR SOLICITING UNLAWFUL SEXUAL CONDUCT OR SADOMASOCHISTIC

- 2750 -