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EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*sb0736*
SENATE BILL 736
E1 6lr1847
By: Senator Benson
Introduced and read first time: February 6, 2026
Assigned to: Judicial Proceedings
A BILL ENTITLED
AN ACT concerning 1
Criminal Law – Obscene Matter – Visual Representation of Child 2
FOR the purpose of altering the maximum age of a certain child that may not be depicted 3
in certain visual representations; altering the penalties for knowingly possessing and 4
intentionally retaining, and knowingly or intentionally accessing and intentionally 5
viewing, certain visual representations; authorizing a person depicted in a certain 6
visual representation to bring a certain civil action; requiring the Attorney General 7
to submit a certain annual report; and generally relating to obscene matter. 8
BY repealing and reenacting, with amendments, 9
Article – Criminal Law 10
Section 11–208 11
Annotated Code of Maryland 12
(2021 Replacement Volume and 2025 Supplement) 13
BY adding to 14
Article – State Government 15
Section 6–112 16
Annotated Code of Maryland 17
(2021 Replacement Volume and 2025 Supplement) 18
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 19
That the Laws of Maryland read as follows: 20
Article – Criminal Law 21
11–208. 22
(a) (1) In this section, “indistinguishable from an actual and identifiable child” 23
means an ordinary person would conclude that the image is of an actual and identifiable 24
minor. 25
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(2) “Indistinguishable from an actual and identifiable child” includes a 1
computer–generated image that has been created, adapted, or modified to appear as an 2
actual and identifiable child. 3
(3) “Indistinguishable from an actual and identifiable child” does not 4
include images or items depicting minors that are: 5
(i) drawings; 6
(ii) cartoons; 7
(iii) sculptures; or 8
(iv) paintings. 9
(b) (1) A person may not knowingly possess and intentionally retain a film, 10
videotape, photograph, or other visual representation showing an actual child or a 11
computer–generated image that is indistinguishable from an actual and identifiable child 12
under the age of [16] 18 years: 13
(i) engaged as a subject of sadomasochistic abuse; 14
(ii) engaged in sexual conduct; or 15
(iii) in a state of sexual excitement. 16
(2) A person may not knowingly or intentionally access and intentionally 17
view a film, videotape, photograph, or other visual representation showing an actual child 18
or a computer –generated image that is indistinguishable from an actual and identifiable 19
child under the age of [16] 18 years: 20
(i) engaged as a subject of sadomasochistic abuse; 21
(ii) engaged in sexual conduct; or 22
(iii) in a state of sexual excitement. 23
(c) (1) Except as provided in paragraph (2) of this subsection, a person who 24
violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment 25
not exceeding [5] 10 years or a fine not exceeding [$2,500] $25,000 or both. 26
(2) A person who violates this section, having previously been convicted 27
under this section, is guilty of a felony and on conviction is subject to imprisonment not 28
exceeding [10] 20 years or a fine not exceeding [$10,000] $50,000 or both. 29
SENATE BILL 736 3
(d) Nothing in this section may be construed to prohibit a parent from possessing 1
visual representations of the parent’s own child in the nude unless the visual 2
representations show the child engaged: 3
(1) as a subject of sadomasochistic abuse; or 4
(2) in sexual conduct and in a state of sexual excitement. 5
(e) It is an affirmative defense to a charge of violating this section that the person 6
promptly and in good faith: 7
(1) took reasonable steps to destroy each visual representation; or 8
(2) reported the matter to a law enforcement agency. 9
(F) (1) A PERSON DEPICTED IN A VISUAL REPRESENTATIO N THAT IS 10
INVOLVED IN A VIOLATION OF THIS SECTION MAY BRING A CIVIL ACTION IN A COURT 11
OF COMPETENT JURISDICTION. 12
(2) IN AN ACTION UNDER THIS SUBSECTION, THE COURT MAY AWARD: 13
(I) ACTUAL DAMAGES; 14
(II) PUNITIVE DAMAGES NOT EXCEEDING $250,000; 15
(III) REASONABLE ATTORNEY’S FEES AND COSTS; AND 16
(IV) ANY OTHER APPROPRIATE RELIEF. 17
(3) A CONVICTION FOR AN OF FENSE UNDER THIS SEC TION IS NOT A 18
PREREQUISITE FOR MAINTENANCE OF AN ACTION UNDER THIS SUBSECTION. 19
Article – State Government 20
6–112. 21
(A) ON OR BEFORE DECEMBER 1 EACH YEAR , THE ATTORNEY GENERAL 22
SHALL SUBMIT A REPORT TO THE GENERAL ASSEMBLY, IN ACCORDANCE WITH § 23
2–1257 OF THE STATE GOVERNMENT ARTICLE, THAT: 24
(1) PROVIDES GUIDANCE TO LAW ENFORCEMENT AGEN CIES 25
REGARDING BEST PRACTICES FOR DETECTING COMPUTER–GENERATED IMAGES IN 26
VIOLATION OF § 11–208 OF THE CRIMINAL LAW ARTICLE; 27
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(2) DISCUSSES CHANGES TO TECHNOLOG Y THAT AFFECT 1
ENFORCEMENT OF § 11–208 OF THE CRIMINAL LAW ARTICLE; 2
(3) INCLUDES DATA ON CHA RGES AND PROSECUTION S UNDER § 3
11–208 OF THE CRIMINAL LAW ARTICLE DURING THE PRIOR 1–YEAR PERIOD; AND 4
(4) IS PUBLICLY AVAILABLE ON THE ATTORNEY GENERAL’S WEBSITE. 5
(B) THE ATTORNEY GENERAL MAY PARTNER W ITH OTHER STATE 6
AGENCIES OR ANOTHER ORGANIZATION TO COMPLETE THE REPORT REQUIRED 7
UNDER THIS SECTION. 8
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 9
October 1, 2026. 10