Ch. 539                                    2004 LAWS OF MARYLAND

(c) (1) (i) This paragraph applies only if the minor's identity is unknown
or the minor is outside the jurisdiction of the State.

(ii) In an action brought under this section, the State is not
required to identify or produce testimony from the minor who is depicted in the
obscene matter or in any visual representation or performance that depicts the minor
engaged as a subject in sadomasochistic abuse or sexual conduct.

(2) The trier of fact may determine whether an individual who is
depicted in an obscene matter, or any visual representation or performance as the
subject in sadomasochistic abuse or sexual conduct, was a minor by:

(i) observation of the matter depicting the individual;

(ii) oral testimony by a witness to the production of the matter,
representation, or performance;

(iii) expert medical testimony; or

(iv) any other method authorized by an applicable provision of law
or rule of evidence.

11-208.

(a)     A person may not knowingly possess a film, videotape, photograph, or
other visual representation depicting an individual under the age of 16 years:

(1)     engaged as a subject of sadomasochistic abuse;

(2)     engaged in sexual conduct; or

(3)     in a state of sexual excitement.

(b)     A person who violates this section is guilty of a misdemeanor and on
conviction is subject to:

(1)     for a first violation, imprisonment not exceeding 1 year or a fine not
exceeding $2,500 or both; and

(2)     for each subsequent violation, imprisonment not exceeding 2 years or
a fine not exceeding $5,000 or both.

(c)      Nothing in this section may be construed to prohibit a parent from
possessing visual representations of the parent's own child in the nude unless the
visual representations depict the child engaged:

(1)     as a subject of sadomasochistic abuse; or

(2)     in sexual conduct and in a state of sexual excitement.

11-208.1.

(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.

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