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Ch. 26
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2002 LAWS OF MARYLAND
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is a minor. The General Assembly may wish to consider whether requiring
actual knowledge "or" a reasonable basis for knowledge is more
appropriate.
In subsection (b) of this section, the former phrase "unless otherwise
provided" is deleted because there are no alternative penalties provided for
a violation of this section.
As to the penalty provided in subsection (b) of this section, see General
Revisor's Note to subtitle.
In subsection (b)(1) of this section, the qualification "for a first violation" is
added for clarity.
Defined terms: "Minor" § 1-101
"Person" § 1-101
11-210. EXEMPTION FROM SUBTITLE.
(A) BONA FIDE JUSTIFICATION.
(1) A PERSON HAVING A BONA FIDE SCIENTIFIC, EDUCATIONAL,
GOVERNMENTAL, ARTISTIC, NEWS, OR OTHER SIMILAR JUSTIFICATION FOR
POSSESSING OR DISTRIBUTING PROHIBITED MATTER IS NOT SUBJECT TO THE
PROHIBITIONS AND PENALTIES IMPOSED BY THIS SUBTITLE.
(2) A DISTRIBUTION MADE IN ACCORDANCE WITH A BONA FIDE
SCIENTIFIC, EDUCATIONAL, GOVERNMENTAL, ARTISTIC, NEWS, OR OTHER SIMILAR
JUSTIFICATION IS NOT SUBJECT TO THE PROHIBITIONS AND PENALTIES IMPOSED BY
THIS SUBTITLE.
(B) EXCEPTION TO JUSTIFICATION.
A JUSTIFICATION IS NOT BONA FIDE UNDER THIS SECTION IF A REASONABLE
PERSON WOULD FIND THAT A DOMINANT PURPOSE OF THE DEPICTION OF AN
INDIVIDUAL UNDER THE AGE OF 16 YEARS ENGAGING IN SEXUAL CONDUCT IS TO
AROUSE OR GRATIFY SEXUAL DESIRE IN EITHER THE VIOLATOR, THE INDIVIDUAL
UNDER THE AGE OF 16 YEARS, OR THE VIEWER
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, § 423.
In subsection (a) of this section, the phrase "is not subject" is substituted
for the former reference to "shall not extend" for consistency within this
article.
In subsection (b) of this section, the reference to a "violator" is substituted
for the former reference to a "perpetrator" for consistency within this
article.
Defined terms: "Matter" § 11-201
"Person" § 1-101
"Sexual conduct" § 11-201
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- 776 -
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