Civil Actions - Failure to Restrict Distribution of Sexual Material Harmful to Minors

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb0908*

HOUSE BILL 908
D3 6lr3131

By: Delegate Schmidt
Introduced and read first time: February 5, 2026
Assigned to: Judiciary

A BILL ENTITLED

AN ACT concerning 1

Civil Actions – Failure to Restrict Distribution of Sexual Material Harmful to 2
Minors 3

FOR the purpose of establishing that a commercial entity that distributes certain sexual 4
material harmful to minors on the Internet and that fails to perfo rm certain age 5
verification methods is liable for certain damages under certain circumstances ; 6
prohibiting a commercial entity or third party that performs a certain age 7
verification of an individual from retaining any identifying information of an 8
individual under certain circumstances; and generally relating to the distribution of 9
sexual material harmful to minors. 10

BY adding to 11
Article – Courts and Judicial Proceedings 12
Section 3 –2701 and 3 –2702 to be under the new subtitle “Subtitle 2 7. Failure to 13
Restrict Distribution of Sexual Material Harmful to Minors” 14
Annotated Code of Maryland 15
(2020 Replacement Volume and 2025 Supplement) 16

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
That the Laws of Maryland read as follows: 18

Article – Courts and Judicial Proceedings 19

SUBTITLE 27. FAILURE TO RESTRICT DISTRIBUTION OF SEXUAL MATERIAL 20
HARMFUL TO MINORS. 21

3–2701. 22

(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 23
INDICATED. 24
2 HOUSE BILL 908

(B) “COMMERCIAL ENTITY ” INCLUDES A CORPORATION , A LIMITED 1
LIABILITY COMPANY , A PARTNERSHIP, A LIMITED PARTNERSHIP , A SOLE 2
PROPRIETORSHIP, OR ANY OTHER LEGALLY RECOGNIZED ENTITY. 3

(C) “DIGITAL IDENTIFICATIO N” MEANS INFORMATION ST ORED ON A 4
DIGITAL NETWORK THAT MAY BE ACCESSED BY A COMMERCIAL ENTITY AND SERVES 5
AS PROOF OF THE IDENTITY OF AN INDIVIDUAL. 6

(D) “DISTRIBUTE” MEANS TO ISSUE , SELL, GIVE, PUBLISH, PROVIDE, 7
DELIVER, TRANSFER, TRANSMIT, CIRCULATE, OR DISSEMINATE BY ANY MEANS. 8

(E) “NEWS–GATHERING ORGANIZATION EMPLOYEE” MEANS: 9

(1) AN EMPLOYEE O F A NEWSPAPER , NEWS PUBLICATION, OR NEWS 10
SOURCE, WHETHER IN PRINT OR ON AN ONLINE OR MOBILE PLATFORM, OF CURRENT 11
NEWS AND PUBLIC INTE REST, WHO IS ACTING WITHIN THE COURSE AND SCOPE OF 12
THAT EMPLOYMENT, WHO CAN PROVIDE DOCU MENTATION OF THE EMP LOYMENT; 13
OR 14

(2) AN EMPLOYEE OF A RADI O BROADCAST STATION , TELEVISION 15
BROADCAST STATION, CABLE TELEVISION OPE RATOR, OR WIRE SERVICE , WHO IS 16
ACTING WITHIN THE COURSE AND SCOPE OF THAT EMPLOYMENT, WHO CAN PROVIDE 17
DOCUMENTATION OF THE EMPLOYMENT. 18

(F) “OBSCENE” HAS THE MEANING STATED IN § 11–203 OF THE CRIMINAL 19
LAW ARTICLE. 20

(G) “PUBLISH” MEANS TO COMMUNICATE OR MAKE INFORMATION 21
AVAILABLE TO ANOTHER PERSON OR ENTITY ON A PUBLICLY AVAILABLE WEBSITE. 22

(H) “REASONABLE AGE VERIFICATION METHODS” MEANS VERIFYING THAT 23
A PERSON SEEKING TO ACCESS SEXUAL MATERIAL HARMFUL TO MINORS IS AT LEAST 24
18 YEARS OLD BY REQUIRING THE PERSON ATTEMPTING TO ACCESS THE MATERIAL 25
TO COMPLY WITH A COMMERCIAL AGE VERIFICATION SYSTEM THAT VERIFIES IN AT 26
LEAST ONE OF THE FOLLOWING WAYS: 27

(1) GOVERNMENT–ISSUED IDENTIFICATION; 28

(2) ANY COMMERCIALLY REAS ONABLE METHOD THAT R ELIES ON 29
PUBLIC OR PRIVATE TR ANSACTIONAL DATA TO VERIFY THAT THE PERS ON 30
ATTEMPTING TO ACCESS THE INFORMATION IS AT LEAST 18 YEARS OLD; OR 31

HOUSE BILL 908 3

(3) DIGITAL IDENTIFICATION. 1

(I) “SEXUAL MATERIAL HARMFUL TO MINORS” MEANS MATERIAL THAT: 2

(1) IS OBSCENE; AND 3

(2) EXPLOITS, IS DEVOTED TO , OR PRINCIPALLY CONSI STS OF 4
DESCRIPTIONS OF ACTU AL, SIMULATED, OR ANIMATED DISPLAYS OR DEPICTIONS 5
OF: 6

(I) AN INDIVIDUAL’S PUBIC HAIR , ANUS, GENITALS, OR THE 7
NIPPLES OF THE FEMALE BREAST; 8

(II) TOUCHING, CARESSING, OR FONDLING OF THE N IPPLES, 9
BREASTS, BUTTOCKS, ANUSES, OR GENITALS; OR 10

(III) SEXUAL INTERCOURSE, MASTURBATION, SODOMY, 11
BESTIALITY, ORAL COPULATION , FLAGELLATION, EXCRETORY FUN CTIONS, 12
EXHIBITIONS, OR ANY OTHER SEXUAL ACT. 13

(J) “SUBSTANTIAL PORTION ” MEANS MORE THAN ONE –THIRD OF THE 14
TOTAL MATERIAL ON A WEBSITE. 15

(K) (1) “TRANSACTIONAL DATA” MEANS A SEQUENCE OF INFORMATION 16
THAT DOCUMENTS AN EX CHANGE, AN AGREEMENT, OR A TRANSFER BETWEE N AN 17
INDIVIDUAL, A COMMERCIAL ENTITY, OR A THIRD PARTY USE D FOR THE PURPOSE 18
OF SATISFYING A REQUEST OR AN EVENT. 19

(2) “TRANSACTIONAL DATA” INCLUDES RECORDS FROM MORTGAGE, 20
EDUCATION, AND EMPLOYMENT ENTITIES. 21

3–2702. 22

(A) THIS SECTION MAY NOT BE CONSTRUED TO IMPO SE LIABILITY ON AN 23
INTERNET SERVICE PROV IDER OR ITS AFFILIAT ES OR SUBSIDIARIES , A SEARCH 24
ENGINE, OR A CLOUD SERVICE P ROVIDER SOLEL Y FOR PROVIDING ACCE SS OR 25
CONNECTION TO OR FRO M A WEBSITE OR OTHER INFORMATION OR CONTE NT ON 26
THE INTERNET OR A FACILIT Y, SYSTEM, OR NETWORK NOT UNDER THE SERVICE 27
PROVIDER’S CONTROL, INCLUDING TRANSMISSION, DOWNLOADING, INTERMEDIATE 28
STORAGE, ACCESS SOFTWARE , OR OTHER SERVICE TO THE EXTENT THAT THE 29
SERVICE PROVIDER IS NOT RESPONSIBLE FOR THE CREATION OR COMMUNICATION 30
OF THE SEXUAL MATERIAL HARMFUL TO MINORS. 31

4 HOUSE BILL 908

(B) THIS SECTION DOES NOT APPLY TO ANY BONA FI DE NEWS OR PUBLIC 1
INTEREST BROADCAST , WEBSITE VIDEO , REPORT, OR EVENT AND MAY NOT BE 2
CONSTRUED TO AFFECT THE RIGHTS OF ANY NE WS–GATHERING ORGANIZATI ON 3
EMPLOYEES. 4

(C) (1) A COMMERCIAL ENTITY TH AT KNOWINGLY AND INT ENTIONALLY 5
DISTRIBUTES SEXUAL MATERIAL HARMFUL TO MINORS ON THE INTERNET FROM A 6
WEBSITE THAT CONTAINS A SUBSTANTIAL PORTION OF SEXUAL MATERIAL HARMFUL 7
TO MINORS SHALL PERFORM REASONABLE AGE VERIFICATION METHODS TO VERIFY 8
THE AGE OF INDIVIDUALS ATTEMPTING TO ACCESS THE MATERIAL. 9

(2) A COMMERCIAL ENTITY OR THIRD PARTY THAT PER FORMS AN 10
AGE VERIFICA TION REQUIRED UNDER THIS SUBSECTION MAY NOT RETAIN ANY 11
IDENTIFYING INFORMATION ABOUT INDIVIDUALS ATTEMPTING TO ACCESS SEXUAL 12
MATERIAL HARMFUL TO MINORS AFTER ACCESS TO THE MATERIAL HAS BEEN 13
GRANTED OR DENIED. 14

(D) (1) A PARENT OR LEGAL GUAR DIAN O F A MINOR MAY BRING AN 15
ACTION AGAINST A COM MERCIAL ENTITY THAT VIOLATES SUBSECTION (C)(1) OF 16
THIS SECTION FOR DAM AGES RESULTING FROM THE MINOR ACCESSING SEXUAL 17
MATERIAL HARMFUL TO MINORS. 18

(2) A PERSON MAY BRING AN ACTION AGAINST A COM MERCIAL 19
ENTITY THAT VIOLATES SUBSECTION (C)(2) OF THIS SECTION FOR DAMAGES 20
RESULTING FROM THE RETENTION OF IDENTIF YING INFORMATION OF AN 21
INDIVIDUAL. 22

(3) A COURT MAY AWARD COST S, REASONABLE ATTORNEY ’S FEES, 23
AND ANY OTHER RELIEF THE COURT CONSIDERS APPROPRIATE TO A PREVAILING 24
PLAINTIFF UNDER THIS SECTION. 25

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 26
October 1, 2026. 27