2010 Maryland Code
CRIMINAL LAW
TITLE 11 - INDECENCY AND OBSCENITY
Subtitle 1 - Adult Sexual Displays and Related Crimes
Section 11-101 - Definitions.

§ 11-101. Definitions.
 

(a)  In general.- In this subtitle the following words have the meanings indicated. 
   
Revisor's Note.

This subsection is new language derived without substantive change from the introductory language of former Art. 27, § 416A. 
 

The reference to "this subtitle" is substituted for the former reference to "this subheading". Although this subtitle contains material on "indecent exposure" derived from material outside of the former "Nudity and Sexual Displays" subheading of Article 27, the terms defined in this section are only used in revised material that is derived from that former subheading; thus no substantive change results. 

(b)  Advertising purposes.- "Advertising purposes" means the purpose of propagandizing in connection with the commercial: 

(1) sale of a product; 

(2) offering of a service; or 

(3) exhibition of entertainment. 
   
Revisor's Note.

This subsection is new language derived without substantive change from former Art. 27, § 416A(a). 
 

In item (1) of this subsection, the former reference to "products" is deleted in light of Art. 1, § 8, which provides that the singular generally includes the plural. 

(c)  Sadomasochistic abuse.- "Sadomasochistic abuse" means: 

(1) flagellation or torture committed by or inflicted on an individual who is: 

(i) nude; 

(ii) wearing only undergarments; or 

(iii) wearing a revealing or bizarre costume; or 

(2) binding, fettering, or otherwise physically restraining an individual who is: 

(i) nude; 

(ii) wearing only undergarments; or 

(iii) wearing a revealing or bizarre costume. 
   
Revisor's Note.

This subsection is new language derived without substantive change from former Art. 27, § 416A(c). 
 

In item (2) of this subsection, the former phrase "or so clothed" is deleted for brevity. 

(d)  Sexual conduct.- "Sexual conduct" means: 

(1) human masturbation; 

(2) sexual intercourse; or 

(3) whether alone or with another individual or animal, any touching of or contact with: 

(i) the genitals, buttocks, or pubic areas of an individual; or 

(ii) breasts of a female individual. 
   
Revisor's Note.

This subsection is new language derived without substantive change from former Art. 27, § 416A(d). 
 

In item (3) of this subsection, the reference to conduct "with another individual" is substituted for the former reference to conduct "between members of the same or opposite sex" for brevity and clarity. 
 

Also in item (3) of this subsection, the reference to buttocks "of an individual" is substituted for the former reference to buttocks "of the human male or female" for brevity and clarity. 

(e)  Sexual excitement.- "Sexual excitement" means: 

(1) the condition of the human genitals when in a state of sexual stimulation; 

(2) the condition of the human female breasts when in a state of sexual stimulation; or 

(3) the sensual experiences of individuals engaging in or witnessing sexual conduct or nudity. 
   
Revisor's Note.

This subsection is new language derived without substantive change from former Art. 27, § 416A(e). 
 

In item (1) of this subsection, the former reference to "male or female" genitals is deleted as included in the reference to "human" genitals. 
 

[An. Code 1957, art. 27, § 416A, 416A(a), (c)-(e); 2002, ch. 26, § 2.]