Section 11-208 - Possession of visual representation of child under 16 engaged in certain sexual acts. - Maryland Statutes

§ 11-208. Possession of visual representation of child under 16 engaged in certain sexual acts.
 

(a)  Prohibited.- A person may not knowingly possess and intentionally retain a film, videotape, photograph, or other visual representation showing an actual child under the age of 16 years: 

(1) engaged as a subject of sadomasochistic abuse; 

(2) engaged in sexual conduct; or 

(3) in a state of sexual excitement. 

(b)  Penalty.-  

(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. 

(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. 

(c)  Exemption.- 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. 

(d)  Affirmative defense.- 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. 
 

[An. Code 1957, art. 27, § 419B; 2002, ch. 26, § 2; 2004, ch. 539; 2007, ch. 596; 2009, chs. 510, 511.]