2018 Maryland Code
Criminal Law
Title 3 - Other Crimes Against the Person
Subtitle 8 - Stalking and Harassment
§ 3-809. Revenge porn.

  • (a) Definitions. --

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

    • (2) "Distribute" means to give, sell, transfer, disseminate, publish, upload, circulate, broadcast, make available, allow access to, or engage in any other form of transmission, electronic or otherwise.

    • (3) "Harm" means:

      • (i) physical injury;

      • (ii) serious emotional distress; or

      • (iii) economic damages.

    • (4) "Intimate parts" means the naked genitals, pubic area, buttocks, or female nipple.

    • (5) "Sexual activity" means:

      • (i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex;

      • (ii) sodomy under § 3-321 of this title or an unnatural or perverted sexual practice under § 3-322 of this title;

      • (iii) masturbation; or

      • (iv) sadomasochistic abuse.

  • (b) Exceptions. --

    • (1) This section does not apply to:

      • (i) lawful and common practices of law enforcement, the reporting of unlawful conduct, or legal proceedings; or

      • (ii) situations involving voluntary exposure in public or commercial settings.

    • (2) An interactive computer service, as defined in 47 U.S.C. § 230(f)(2), is not liable under this section for content provided by another person.

  • (c) Distribution of private visual representations of another prohibited. -- A person may not knowingly distribute a visual representation of another identifiable person that displays the other person with his or her intimate parts exposed or while engaged in an act of sexual activity:

    • (1) with the intent to harm, harass, intimidate, threaten, or coerce the other person;

    • (2) (i) under circumstances in which the person knew that the other person did not consent to the distribution; or

      • (ii) with reckless disregard as to whether the person consented to the distribution; and

    • (3) under circumstances in which the other person had a reasonable expectation that the image would remain private.

  • (d) Penalties. -- A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 2 years or a fine not exceeding $ 5,000 or both.

  • (e) Confidentiality of visual representation evidence. -- A visual representation of 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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