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*sb0221*
SENATE BILL 221
E1 6lr1598
SB 545/25 – JPR (PRE–FILED) CF HB 670
By: Senator James
Requested: October 31, 2025
Introduced and read first time: January 14, 2026
Assigned to: Judicial Proceedings
Committee Report: Favorable
Senate action: Adopted
Read second time: February 12, 2026
CHAPTER ______
AN ACT concerning 1
Criminal Law – Child Pornography – Prohibitions and Penalties 2
FOR the purpose of prohibiting a person from possessing or viewing certain child 3
pornography under certain circumstances; and generally relating to child 4
pornography prohibitions and penalties. 5
BY repealing and reenacting, without amendments, 6
Article – Criminal Law 7
Section 11–207 and 11–208 8
Annotated Code of Maryland 9
(2021 Replacement Volume and 2025 Supplement) 10
BY adding to 11
Article – Criminal Law 12
Section 11–208.2 13
Annotated Code of Maryland 14
(2021 Replacement Volume and 2025 Supplement) 15
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16
That the Laws of Maryland read as follows: 17
Article – Criminal Law 18
11–207. 19
2 SENATE BILL 221
(a) A person may not: 1
(1) cause, induce, solicit, or knowingly allow a minor to engage as a subject 2
in the production of obscene matter or a visual representation or performance that depicts 3
a minor engaged as a subject in sadomasochistic abuse or sexual conduct; 4
(2) photograph or film a minor engaging in an obscene act, sadomasochistic 5
abuse, or sexual conduct; 6
(3) use a computer to depict or describe a minor engaging in an obscene act, 7
sadomasochistic abuse, or sexual conduct; 8
(4) knowingly promote, advertise, solicit, distribute, or possess with the 9
intent to distribute any matter, visual representation, or performance: 10
(i) that depicts a minor engaged as a subject in sadomasochistic 11
abuse or sexual conduct; or 12
(ii) in a manner that reflects the belief, or that is intended to cause 13
another to believe, that the matter, visual representation, or performance depicts a minor 14
engaged as a subject of sadomasochistic abuse or sexual conduct; or 15
(5) use a computer to knowingly compile, enter, transmit, make, print, 16
publish, reproduce, cause, allow, buy, sell, receive, exchange, or disseminate any notice, 17
statement, advertisement, or minor’s name, telephone number, place of residence, physical 18
characteristics, or other descriptive or identifying information for the purpose of engaging 19
in, facilitating, encouraging, offering, or soliciting unlawful sadomasochistic abuse or 20
sexual conduct of or with a minor. 21
(b) A person who violates this section is guilty of a felony and on conviction is 22
subject to: 23
(1) for a first violation, imprisonment not exceeding 10 years or a fine not 24
exceeding $25,000 or both; and 25
(2) for each subsequent violation, imprisonment not exceeding 20 years or 26
a fine not exceeding $50,000 or both. 27
(c) (1) (i) This paragraph applies only if the minor’s identity is unknown 28
or the minor is outside the jurisdiction of the State. 29
(ii) In an action brought under this section, the State is not required 30
to identify or produce testimony from the minor who is depicted in the obscene matter or in 31
any visual representation or performance that depicts the minor engaged as a subject in 32
sadomasochistic abuse or sexual conduct. 33
SENATE BILL 221 3
(2) The trier of fact may determine whether an individual who is depicted 1
in an obscene matter, or any visual representation or performance as the subject in 2
sadomasochistic abuse or sexual conduct, was a minor by: 3
(i) observation of the matter depicting the individual; 4
(ii) oral testimony by a witness to the production of the matter, 5
representation, or performance; 6
(iii) expert medical testimony; or 7
(iv) any other method authorized by an applicable provision of law or 8
rule of evidence. 9
11–208. 10
(a) (1) In this section, “indistinguishable from an actual and identifiable child” 11
means an ordinary person would conclude that the image is of an actual and identifiable 12
minor. 13
(2) “Indistinguishable from an actual and identifiable chil d” includes a 14
computer–generated image that has been created, adapted, or modified to appear as an 15
actual and identifiable child. 16
(3) “Indistinguishable from an actual and identifiable child” does not 17
include images or items depicting minors that are: 18
(i) drawings; 19
(ii) cartoons; 20
(iii) sculptures; or 21
(iv) paintings. 22
(b) (1) A person may not knowingly possess and intentionally retain a film, 23
videotape, photograph, or other visual representation showing an actual child or a 24
computer–generated image that is indistinguishable from an actual and identifiable child 25
under the age of 16 years: 26
(i) engaged as a subject of sadomasochistic abuse; 27
(ii) engaged in sexual conduct; or 28
(iii) in a state of sexual excitement. 29
4 SENATE BILL 221
(2) A person may not knowingly or intentionally access and intentionally 1
view a film, videotape, photograph, or other visual representation showing an actual child 2
or a computer –generated image that is indistinguishable from an actual and identifiable 3
child under the age of 16 years: 4
(i) engaged as a subject of sadomasochistic abuse; 5
(ii) engaged in sexual conduct; or 6
(iii) in a state of sexual excitement. 7
(c) (1) Except as provided in paragraph (2) of this subsection, a person who 8
violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment 9
not exceeding 5 years or a fine not exceeding $2,500 or both. 10
(2) A person who violates this section, having previously been convicted 11
under this section, is guilty of a felony and on conviction is subject to imprisonment not 12
exceeding 10 years or a fine not exceeding $10,000 or both. 13
(d) Nothing in this section may be construed to prohibit a parent from possessing 14
visual representations of the parent’s own child in the nude unless the visual 15
representations show the child engaged: 16
(1) as a subject of sadomasochistic abuse; or 17
(2) in sexual conduct and in a state of sexual excitement. 18
(e) It is an affirmative defense to a charge of violating this section that the person 19
promptly and in good faith: 20
(1) took reasonable steps to destroy each visual representation; or 21
(2) reported the matter to a law enforcement agency. 22
11–208.2. 23
(A) (1) IN THIS SECTION , “IMAGE” MEANS ANY MATTER , VISUAL 24
REPRESENTATION, OR PERF ORMANCE, INCLUDING PHOTOGRAPH S, PICTURES, 25
ELECTRONIC PHOTOGRAP HS, COMPUTER–GENERATED IMAGES , VIDEOS, 26
ELECTRONIC VIDEOS, FILM, VIDEOTAPES, OR SIMILAR VISUAL RE PRESENTATIONS 27
OR VIDEO DEPICTIONS. 28
(2) FOR THE PURPOSE OF DETERMINING THE NUMBER OF IMAGES IN 29
POSSESSION OF AN INDIVIDUAL IN VIOLATION OF THIS SECTION: 30
SENATE BILL 221 5
(I) EACH PHOTOGRAPH, PICTURE, ELECTRONIC PHOTOGRAPH, 1
COMPUTER–GENERATED IMAGE, OR SIMILAR VISUAL RE PRESENTATION SHALL B E 2
DEEMED TO BE ONE IMAGE; AND 3
(II) EACH VIDEO , ELECTRONIC VIDEO , FILM, VIDEOTAPE, OR 4
SIMILAR VIDEO DEPICTION SHALL BE DEEMED TO BE 20 IMAGES. 5
(B) (1) A PERSON MAY NOT VIOLATE § 11–207(A)(4) OR § 11–208(B)(1) OF 6
THIS SUBTITLE WITH 100 OR MORE IMAGES. 7
(2) A PERSON WHO VIOLATES THIS SUBSECTION IS G UILTY OF A 8
FELONY AND ON CO NVICTION IS SUBJECT TO IMPRISONMENT NOT EXCEEDING 10 9
YEARS. 10
(3) A SENTENCE IMPOSED UND ER THIS SUBSECTION M AY BE 11
SEPARATE FROM AND CO NSECUTIVE TO OR CONC URRENT WITH A SENTEN CE 12
IMPOSED FOR ANY OTHE R CRIME BASED ON THE ACT ESTABLISHING A V IOLATION 13
OF § 11–207 OR § 11–208 OF THIS SUBTITLE. 14
(C) (1) A PERSON MAY NOT VIOLATE § 11–207(A)(4) OR § 11–208(B)(1) OR 15
(2) OF THIS SUBTITLE WIT H ANY IMAGE DEPICTIN G A MINOR OR AN INDI VIDUAL 16
INDISTINGUISHABLE FROM AN ACTUAL AND IDE NTIFIABLE CHILD UNDER THE AGE 17
OF 13 YEARS. 18
(2) A PERSON WHO VIOLATES THIS SUBSECTION IS G UILTY OF A 19
FELONY AND ON CONVIC TION IS SUBJECT TO I MPRISONMENT NOT EXCE EDING 10 20
YEARS. 21
(3) A SENTENCE IMPOSED UND ER THIS SUBSECTION M AY BE 22
SEPARATE FROM AND CO NSECUTIVE TO OR CONC URRENT WITH A SENTEN CE 23
IMPOSED FOR ANY OTHE R CRIME BASED ON THE ACT ESTABLISHING A V IOLATION 24
OF § 11–207 OR § 11–208 OF THIS SUBTITLE. 25
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 26
October 1, 2026. 27