S.B. 720

VETOES

(b) No application or order shall be required if the interception is lawful under
the provisions of § 10-402(c) of this subtitle.

Article - Criminal Law

11-207.

(a)     A person may not:

(1)     cause, induce, solicit, or knowingly allow a minor to engage as a
subject in the production of obscene matter or a visual representation or performance
that depicts a minor engaged as a subject in sadomasochistic abuse or sexual conduct;

(2)     photograph or film a minor engaging in an obscene act,
sadomasochistic abuse, or sexual conduct;

(3)     use a computer to depict or describe a minor engaging in an obscene
act, sadomasochistic abuse, or sexual conduct;

(4)     knowingly promote, distribute, or possess with the intent to
distribute any matter, visual representation, or performance that depicts a minor
engaged as a subject in sadomasochistic abuse or sexual conduct; or

(5)     use a computer to knowingly compile, enter, transmit, make, print,
publish, reproduce, cause, allow, buy, sell, receive, exchange, or disseminate 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 in, facilitating, encouraging, offering, or soliciting unlawful
sadomasochistic abuse or sexual conduct of or with a minor.

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

(1)     for a first violation, imprisonment not exceeding 10 years or a fine
not exceeding $25,000 or both; and

(2)     for each subsequent violation, imprisonment not exceeding 20 years
or a fine not exceeding $50,000 or both.

(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;
- 2866 -