2021 Maryland Statutes
Criminal Law
Title 3 - Other Crimes Against the Person
Subtitle 7 - Extortion and Other Threats
Section 3-709 - Sextortion and Revenge Porn

    (a)    (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)    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)    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)    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)    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.