MARYLAND
NAC NOTE: The following sections of the Maryland Annotated
code (1992) were repealed by Acts 2002, ch. 26, § 1, effective
October 1, 2002.
Maryland Annotated Code (1992)
article 27, section 335A
Every person convicted of the common-law crime of indecent
exposure is guilty of a misdemeanor and shall be punished by
imprisonment for not more than three years...
Crimes and Punishments
§ 416A.
The following words and phrases, as used in this subheading, have the meanings indicated:
(a) "Advertising purposes" means the purpose of propagandizing in connection with the sale commercially of a product or products, or the offering commercially of a service, or the exhibiting commercially of entertainment.
(b) "Minor" means any person under eighteen years of age.
(c) "Sadomasochistic abuse" means flagellation or torture by or upon a human who is nude, or clad in undergarments, or in a revealing or bizarre costume, or the condition of one who is nude or so clothed and is being fettered, bound, or otherwise physically restrained.
(d) "Sexual conduct" means human masturbation, sexual intercourse, or any touching of or contact with genitals, pubic areas or buttocks of the human male or female, or the breasts of the female, whether alone or between members of the same or opposite sex, or between humans and animals.
(e) "Sexual excitement" means the condition of human male or female genitals, or the breasts of the female, when in a state of sexual stimulation, or the sensual experiences of humans engaging in or witnessing sexual conduct or nudity.
§ 419.
(a) (1) A person may not willfully or knowingly engage in the business of displaying, exhibiting, selling, showing, advertising for sale, or distributing to any person under the age of 18 years any still picture, photograph, book, pocket book, pamphlet, magazine, videodisc, videotape, film, computer disc, or recorded telephone messages the cover or content of which is principally made up of obscene descriptions or depictions of illicit sex, or which consists of obscene pictures of nude or partially denuded figures.
(2) A person may not willfully or knowingly display or exhibit to any person under the age of 18 years any still picture, photograph, book, pocket book, pamphlet, magazine, videodisc, videotape, film, computer disc, or recorded telephone messages the cover or content of which is principally made up of obscene descriptions or depictions of illicit sex, or which consists of obscene pictures of nude or partially denuded figures.
(3) The provision of services or facilities by a telephone company pursuant to tariffs approved by the Public Service Commission is not a violation of the provisions of paragraph (1) of this subsection that relate to recorded telephone messages.
(4) An owner, operator, franchisee, manager, or any employee with managerial responsibility of a newsstand or any other place of business may not openly and knowingly display at the newsstand or other place of business, if it is frequented by persons under the age of 18 years, any of the items whose sale, display, exhibition, showing, or advertising is prohibited by paragraph (1) of this subsection.
(5) Violation of this section is a misdemeanor.
(b) In this section the following words have the meanings indicated:
(1) "Descriptions or depictions of illicit sex" shall mean:
(i) Human genitals in a state of sexual stimulation or arousal;
(ii) Acts of human masturbation, sexual intercourse, or sodomy; or
(iii) Fondling or other erotic touching of human genitals.
(2) "Distributing" includes renting.
(3) "Nude or partially denuded figures" means:
(i) Less than completely and opaquely covered human genitals, pubic region, buttocks, or female breast below a point immediately above the top of the areola; or
(ii) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
(4) "Obscene" means:
(i) That the average adult applying contemporary community standards would find that the work, taken as a whole, appeals to the prurient interest;
(ii) That the work depicts the sexual conduct specified in subsection (a) of this section in a way that is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material; and
(iii) That the work, taken as a whole, lacks serious literary, scientific, educational, artistic, or political value.
§ 419B.
(a) A person may not knowingly possess any film, videotape, photograph, or other visual representation depicting an individual under the age of 16 years engaged as a subject of sadomasochistic abuse or in sexual conduct, or in a state of sexual excitement, as those terms are defined under § 416A of this article.
(b) 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 depict the child engaged as a subject of sadomasochistic abuse or in sexual conduct and in a state of sexual excitement.
(c) (1) For a first offense a person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $2,500 or imprisonment not exceeding 1 year or both.
(2) For a second or subsequent offense a person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $5,000 or imprisonment not exceeding 2 years or both.