2018 Maryland Code
Criminal Law
Title 3 - Other Crimes Against the Person
Subtitle 7 - Extortion and Other Threats
§ 3-709. Sextortion and revenge porn.

  • (a) Definitions. --

    • (1) In this section the following words have the meanings indicated.

    • (2) "Intimate parts" has the meaning stated in § 3-809 of this title.

    • (3) "Sexual activity" has the meaning stated in § 3-809 of this title.

  • (b) Prohibited. -- A person may not cause another to:

    • (1) engage in an act of sexual activity by threatening to:

      • (i) accuse any person of a crime or of anything that, if true, would bring the person into contempt or disrepute;

      • (ii) cause physical injury to a person;

      • (iii) inflict emotional distress on a person;

      • (iv) cause economic damage to a person; or

      • (v) cause damage to the property of a person; or

    • (2) engage as a subject in the production of a visual representation or performance that depicts the other with the other's intimate parts exposed or engaging in or simulating an act of sexual activity by threatening to:

      • (i) accuse any person of a crime or of anything that, if true, would bring the person into contempt or disrepute;

      • (ii) cause physical injury to a person;

      • (iii) inflict emotional distress on a person;

      • (iv) cause economic damage to a person; or

      • (v) cause damage to the property of a person.

  • (c) Penalty. -- A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $ 10,000 or both.

  • (d) Consecutive or concurrent sentence. -- A sentence imposed under this section may be separate from and consecutive to or concurrent with a sentence for any crime based on the act establishing the violation of this section.

  • (e) Confidentiality of visual representation evidence. -- A visual representation depicting a victim that is part of a court record for a case arising from a prosecution under this section:

    • (1) subject to item (2) of this subsection, may not be made available for public inspection; and

    • (2) except as otherwise ordered by the court, may only be made available for inspection in relation to a criminal charge under this section to:

      • (i) court personnel;

      • (ii) a jury in a criminal case brought under this section;

      • (iii) the State's Attorney or the State's Attorney's designee;

      • (iv) the Attorney General or the Attorney General's designee;

      • (v) a law enforcement officer;

      • (vi) the defendant or the defendant's attorney; or

      • (vii) the victim or the victim's attorney.

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