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WES MOORE, Governor Ch. 530
Chapter 530
(Senate Bill 221)
AN ACT concerning
Criminal Law – Child Pornography – Prohibitions and Penalties
FOR the purpose of prohibiting a person from possessing or viewing certain child
pornography under certain circumstances; and generally relating to child
pornography prohibitions and penalties.
BY repealing and reenacting, without amendments,
Article – Criminal Law
Section 11–207 and 11–208
Annotated Code of Maryland
(2021 Replacement Volume and 2025 Supplement)
BY adding to
Article – Criminal Law
Section 11–208.2
Annotated Code of Maryland
(2021 Replacement Volume and 2025 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
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, advertise, solicit, distribute, or possess with the
intent to distribute any matter, visual representation, or performance:
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Ch. 530 2026 LAWS OF MARYLAND
(i) that depicts a minor engaged as a subject in sadomasochistic
abuse or sexual conduct; or
(ii) in a manner that reflects the belief, or that is intended to cause
another to believe, that the matter, visual representation, or performance depicts a minor
engaged as a subject of 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;
(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.
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WES MOORE, Governor Ch. 530
(a) (1) In this section, “indistinguishable from an actual and identifiable child”
means an ordinary person would conclude that the image is of an actual and identifiable
minor.
(2) “Indistinguishable from an actual and identifiable child” includes a
computer–generated image that has been created, adapted, or modified to appear as an
actual and identifiable child.
(3) “Indistinguishable from an actual and identifiable child” does not
include images or items depicting minors that are:
(i) drawings;
(ii) cartoons;
(iii) sculptures; or
(iv) paintings.
(b) (1) A person may not knowingly possess and intentionally retain a film,
videotape, photograph, or other visual representation showing an actual child or a
computer–generated image that is indistinguishable from an actual and identifiable child
under the age of 16 years:
(i) engaged as a subject of sadomasochistic abuse;
(ii) engaged in sexual conduct; or
(iii) in a state of sexual excitement.
(2) A person may not knowingly or intentionally access and intentionally
view a film, videotape, photograph, or other visual representation showing an actual child
or a computer–generated image that is indistinguishable from an actual and identifiable
child under the age of 16 years:
(i) engaged as a subject of sadomasochistic abuse;
(ii) engaged in sexual conduct; or
(iii) in a state of sexual excitement.
(c) (1) Except as provided in paragraph (2) of this subsection, a person who
violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment
not exceeding 5 years or a fine not exceeding $2,500 or both.
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Ch. 530 2026 LAWS OF MARYLAND
(2) A person who violates this section, having previously been convicted
under this section, is guilty of a felony and on conviction is subject to imprisonment not
exceeding 10 years or a fine not exceeding $10,000 or both.
(d) 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 show the child engaged:
(1) as a subject of sadomasochistic abuse; or
(2) in sexual conduct and in a state of sexual excitement.
(e) It is an affirmative defense to a charge of violating this section that the person
promptly and in good faith:
(1) took reasonable steps to destroy each visual representation; or
(2) reported the matter to a law enforcement agency.
11–208.2.
(A) (1) IN THIS SECTION, “IMAGE” MEANS ANY MATTER, VISUAL
REPRESENTATION, OR PERFORMANCE, INCLUDING PHOTOGRAPHS, PICTURES,
ELECTRONIC PHOTOGRAPHS, COMPUTER–GENERATED IMAGES, VIDEOS,
ELECTRONIC VIDEOS, FILM, VIDEOTAPES, OR SIMILAR VISUAL REPRESENTATIONS
OR VIDEO DEPICTIONS.
(2) FOR THE PURPOSE OF DETERMINING THE NUMBER OF IMAGES IN
POSSESSION OF AN INDIVIDUAL IN VIOLATION OF THIS SECTION:
(I) EACH PHOTOGRAPH, PICTURE, ELECTRONIC PHOTOGRAPH,
COMPUTER–GENERATED IMAGE, OR SIMILAR VISUAL REPRESENTATION SHALL BE
DEEMED TO BE ONE IMAGE; AND
(II) EACH VIDEO, ELECTRONIC VIDEO, FILM, VIDEOTAPE, OR
SIMILAR VIDEO DEPICTION SHALL BE DEEMED TO BE 20 IMAGES.
(B) (1) A PERSON MAY NOT VIOLATE § 11–207(A)(4) OR § 11–208(B)(1) OF
THIS SUBTITLE WITH 100 OR MORE IMAGES.
(2) A PERSON WHO VIOLATES THIS SUBSECTION IS GUILTY OF A
FELONY AND ON CONVICTION IS SUBJECT TO IMPRISONMENT NOT EXCEEDING 10
YEARS.
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WES MOORE, Governor Ch. 530
(3) A SENTENCE IMPOSED UNDER THIS SUBSECTION MAY BE
SEPARATE FROM AND CONSECUTIVE TO OR CONCURRENT WITH A SENTENCE
IMPOSED FOR ANY OTHER CRIME BASED ON THE ACT ESTABLISHING A VIOLATION
OF § 11–207 OR § 11–208 OF THIS SUBTITLE.
(C) (1) A PERSON MAY NOT VIOLATE § 11–207(A)(4) OR § 11–208(B)(1) OR
(2) OF THIS SUBTITLE WITH ANY IMAGE DEPICTING A MINOR OR AN INDIVIDUAL
INDISTINGUISHABLE FROM AN ACTUAL AND IDENTIFIABLE CHILD UNDER THE AGE
OF 13 YEARS.
(2) A PERSON WHO VIOLATES THIS SUBSECTION IS GUILTY OF A
FELONY AND ON CONVICTION IS SUBJECT TO IMPRISONMENT NOT EXCEEDING 10
YEARS.
(3) A SENTENCE IMPOSED UNDER THIS SUBSECTION MAY BE
SEPARATE FROM AND CONSECUTIVE TO OR CONCURRENT WITH A SENTENCE
IMPOSED FOR ANY OTHER CRIME BASED ON THE ACT ESTABLISHING A VIOLATION
OF § 11–207 OR § 11–208 OF THIS SUBTITLE.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2026.
Approved by the Governor, May 12, 2026.
–5–Every fact on this page links to its source, starting with the official bill record.