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Ch. 26
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2002 LAWS OF MARYLAND
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In subsection (a)(4) of this section, the reference to "sadomasochistic abuse,
sexual conduct, or sexual excitement" is substituted for the former
reference to "these activities or items" for clarity.
As to the penalty provided in subsection (c) of this section, see General
Revisor's Note to subtitle.
Defined terms: "Advertising purposes" § 11-101
"Person" § 1-101
"Sadomasochistic abuse" § 11-101
"Sexual conduct" § 11-101
"Sexual excitement" § 11-101
11-106. SAME — PRESUMPTIONS.
FOR PURPOSES OF §§ 11-101 THROUGH 11-105 OF THIS SUBTITLE, AN EMPLOYEE
OF A PERSON WHO OPERATES PREMISES WHERE A PUBLIC DISPLAY VIOLATES THIS
SUBTITLE IS PRESUMED TO HAVE BEEN THE OPERATOR OF THE PREMISES WHEN
THE VIOLATION OCCURRED IF THE EMPLOYEE WAS ON THE PREMISES AT THE TIME
OF THE VIOLATION.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, § 416F.
This section applies only to §§ 11-101 through 11-105 of this subtitle to
reflect the reorganization of the former Nudity and Sexual Displays
subheading. The crime of "indecent exposure" was not included in the
former subheading and was not subject to the presumption outlined in this
section.
Defined term: "Person" § 1-101
11-107. INDECENT EXPOSURE.
A PERSON CONVICTED OF INDECENT EXPOSURE IS GUILTY OF A MISDEMEANOR
AND IS SUBJECT TO IMPRISONMENT NOT EXCEEDING 3 YEARS OR A FINE NOT
EXCEEDING $1,000 OR BOTH.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, § 335A.
Defined term: "Person" § 1-101
GENERAL REVISOR'S NOTE TO SUBTITLE
The former Nudity and Sexual Displays subheading of Article 27 contained a
general penalty provision, Art. 27, § 416G, that applied to all violations of the
subheading. In Randall Book Corp. v. State, 316 Md. 315, 329 (1989), the Court of
Appeals concluded that "the legislature [in Art. 27, § 416D] intended the knowing
display of each separate obscene magazine to constitute a separate offense, separately
punishable". As each crime is separately punishable, for clarity, the former penalty
provision is repeated in each section to which the penalty applies.
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