reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Criminal Law › Title 10 - Crimes Against Public Health, Conduct, and Sensibilities › Subtitle 6 - Crimes Relating to Animals › Section 10-616 - Kennel Inspection

(a)    This section does not apply to premises:
(1)    where dogs are kept or bred solely for medical or related research or laboratory tests;
(2)    operated by a licensed and regularly practicing veterinarian; or
(3)    where hunting dogs are housed, if the buying, selling, trading, or breeding is incidental to the main purposes of housing, keeping, and using dogs.
(b)    (1)    To determine if dogs are being treated inhumanely in violation of this subtitle or other law, an authorized director of a humane society, accompanied by a sheriff or a deputy sheriff, may inspect a premises:
(i)    where a person is engaged in the business of buying, selling, trading, or breeding dogs; or
(ii)    of a kennel where 25 or more dogs are kept.
(2)    A person who inspects premises under paragraph (1) of this subsection shall give prior written notice of the time and date of the inspection to the owner or occupant of the premises.
(c)    (1)    In Baltimore City, the Baltimore City Health Department shall enforce this section.
(2)    In Baltimore County, the Baltimore County Department of Health, Division of Animal Control or an organization that the Baltimore County government approves shall enforce this section.
2023 Maryland Statutes › Criminal Law › Title 10 - Crimes Against Public Health, Conduct, and Sensibilities › Subtitle 6 - Crimes Relating to Animals › Section 10-617 - Disposal of Domestic Animal

(a)    In this section, “animal control unit” means the local organization or governmental unit that the appropriate local governmental body designates to house, care for, and control domestic animals of unknown ownership.
(b)    An animal control unit shall dispose of an unclaimed dog or cat only by:
(1)    placing the animal in a suitable home;
(2)    retaining the animal in the animal control unit; or
(3)    humanely destroying the animal.
(c)    A domestic animal that is impounded by an animal control unit may not be sold, placed, or destroyed until the animal has been carefully inspected for a tag, tattoo, microchip, or other identification to ascertain the owner and:
(1)    72 hours have elapsed after notice has been given to the owner;
(2)    if the owner cannot be notified, 72 hours have elapsed after the animal is impounded;
(3)    the animal is seriously diseased or severely injured; or
(4)    the animal is under 3 months of age.
(d)    (1)    An animal control unit shall make a reasonable effort to notify the owner of the location of and the procedure for retrieving an impounded animal.
(2)    An owner who retrieves an animal from an animal control unit shall pay all fees, costs, and expenses incurred by the animal control unit.
(3)    The necessary expenses for food and attention given to an animal under this section may be collected from the owner, and the animal is not exempt from levy and sale on execution of a judgment for the expenses.
(4)    A new owner with whom an animal is placed under subsection (b)(1) of this section may be charged an adoption fee.
(e)    A person who violates this section:
(1)    for a first offense, is subject to a civil fine not exceeding $500; and
(2)    for a second or subsequent offense, is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500.
2023 Maryland Statutes › Criminal Law › Title 10 - Crimes Against Public Health, Conduct, and Sensibilities › Subtitle 6 - Crimes Relating to Animals › Section 10-618 - Poisoning Dog

(a)    A person may not willfully and maliciously give poison or ground glass to a dog, or expose poison or ground glass, with the intent that a dog ingest it.
(b)    A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100 for each violation.
2023 Maryland Statutes › Criminal Law › Title 10 - Crimes Against Public Health, Conduct, and Sensibilities › Subtitle 6 - Crimes Relating to Animals › Section 10-619 - Dangerous Dog

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Dangerous dog” means a dog that:
(i)    without provocation has killed or inflicted severe injury on a person; or
(ii)    is determined by the appropriate unit of a county or municipal corporation under subsection (c) of this section to be a potentially dangerous dog and, after the determination is made:
1.    bites a person;
2.    when not on its owner’s real property, kills or inflicts severe injury on a domestic animal; or
3.    attacks without provocation.
(3)    (i)    “Owner’s real property” means real property owned or leased by the owner of a dog.
(ii)    “Owner’s real property” does not include a public right-of-way or a common area of a condominium, apartment complex, or townhouse development.
(4)    “Severe injury” means a physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery.
(b)    This section does not apply to a dog owned by and working for a governmental or law enforcement unit.
(c)    An appropriate unit of a county or municipal corporation may determine that a dog is potentially dangerous if the unit:
(1)    finds that the dog:
(i)    has inflicted a bite on a person while on public or private real property;
(ii)    when not on its owner’s real property, has killed or inflicted severe injury on a domestic animal; or
(iii)    has attacked without provocation; and
(2)    notifies the dog owner in writing of the reasons for this determination.
(d)    A dog owner may not:
(1)    leave a dangerous dog unattended on the owner’s real property unless the dog is:
(i)    confined indoors;
(ii)    in a securely enclosed and locked pen; or
(iii)    in another structure designed to restrain the dog; or
(2)    allow a dangerous dog to leave the owner’s real property unless the dog is leashed and muzzled, or is otherwise securely restrained and muzzled.
(e)    An owner of a dangerous dog or potentially dangerous dog who sells or gives the dog to another shall notify in writing:
(1)    the authority that made the determination under subsection (c) of this section, of the name and address of the new owner of the dog; and
(2)    the person taking possession of the dog, of the dangerous behavior or potentially dangerous behavior of the dog.
(f)    A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $2,500.
2023 Maryland Statutes › Criminal Law › Title 10 - Crimes Against Public Health, Conduct, and Sensibilities › Subtitle 6 - Crimes Relating to Animals › Section 10-620 - Interference With Race Horse

(a)    In this section, “equine” includes horses, donkeys, mules, and ponies.
(b)    This section does not apply to the owner of the equine or a person acting on behalf of or at the direction of the owner of the equine.
(c)    A person may not:
(1)    willfully and maliciously interfere with, injure, destroy, or tamper with an equine used for:
(i)    racing or breeding;
(ii)    a competitive exhibition of skill, breed, or stamina; or
(iii)    any other lawful activity;
(2)    willfully start, instigate, engage in, or further an act that interferes with, injures, destroys, or tampers with an equine used for:
(i)    racing or breeding;
(ii)    a competitive exhibition of skill, breed, or stamina; or
(iii)    any other lawful activity; or
(3)    commit an act that tends to interfere with, injure, destroy, or tamper with an equine used for:
(i)    racing or breeding;
(ii)    a competitive exhibition of skill, breed, or stamina; or
(iii)    any other lawful activity.
(d)    A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 1 year or both.
2023 Maryland Statutes › Criminal Law › Title 10 - Crimes Against Public Health, Conduct, and Sensibilities › Subtitle 6 - Crimes Relating to Animals › Section 10-622 - Injuring or Trapping Carrier Pigeon

(a)    A person may not shoot, kill, or maim a carrier pigeon.
(b)    A person may not entrap, catch, or detain a carrier pigeon that has:
(1)    the owner’s name stamped on the carrier pigeon’s wing or tail; or
(2)    a leg band that includes the owner’s initials, name, or number.
(c)    A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $10 for each violation.
2023 Maryland Statutes › Criminal Law › Title 10 - Crimes Against Public Health, Conduct, and Sensibilities › Subtitle 6 - Crimes Relating to Animals › Section 10-623 - Leaving Dogs Outside and Unattended by Use of Restraints

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Collar” means a device constructed of nylon, leather, or similar material specifically designed to be used around the neck of a dog.
(3)    “Extreme weather conditions” means temperatures below 32 degrees Fahrenheit or conditions during an active winter or cold weather warning or advisory issued by the National Weather Service.
(4)    “Restraint” means a chain, rope, tether, leash, cable, or other device that attaches a dog to a stationary object or trolley system.
(5)    “Sporting” means any athletic competition, skill competition, obedience competition, or other competition intended for the participation of dogs.
(6)    “Suitable shade” means an area completely protected from the direct sun that is accessible and fully covers a dog.
(7)    “Suitable shelter” means a structure that:
(i)    is properly ventilated;
(ii)    has a solid floor that allows the dog to remain reasonably dry;
(iii)    has a weatherproof roof;
(iv)    is enclosed with an entrance on one side;
(v)    allows a dog to maintain its normal body temperature; and
(vi)    is suitable for the species, age, condition, size, and type of dog.
(b)    A person may not leave a dog outside and unattended by use of a restraint:
(1)    that unreasonably limits the movement of the dog;
(2)    that uses a collar that:
(i)    is made primarily of metal; or
(ii)    is not at least as large as the circumference of the dog’s neck plus 1 inch;
(3)    that restricts the access of the dog to suitable and sufficient clean water or appropriate shelter;
(4)    in unsafe or unsanitary conditions; or
(5)    that causes injury to the dog.
(c)    Except as provided in subsection (d) of this section, a person may not leave a dog outside and unattended for longer than 30 minutes without access to continuous:
(1)    suitable shelter during extreme weather conditions; and
(2)    suitable shelter or suitable shade when temperatures are above 90 degrees Fahrenheit.
(d)    The prohibition in subsection (c) of this section does not apply if the dog is lawfully and actively engaged in:
(1)    hunting;
(2)    livestock herding or guarding;
(3)    sledding;
(4)    sporting; or
(5)    training.
(e)    (1)    A person who violates subsection (b) of this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 90 days or a fine not exceeding $1,000 or both.
(2)    A violation of subsection (c) of this section is a civil offense punishable by:
(i)    for a first violation, a warning;
(ii)    for a second violation, a civil penalty of up to $500; and
(iii)    for a third or subsequent violation, a civil penalty of up to $1,000.
(f)    This section may not be construed to prohibit a local government from adopting a requirement for the health and safety of dogs that is more stringent than the requirements of this section.
2023 Maryland Statutes › Criminal Law › Title 10 - Crimes Against Public Health, Conduct, and Sensibilities › Subtitle 6 - Crimes Relating to Animals › Section 10-624 - Unauthorized Surgery on Dogs

(a)    Except as provided in subsection (b) of this section, a person may not:
(1)    crop or cut off the ear of a dog;
(2)    dock or cut off the tail of a dog;
(3)    cut off the dewclaw of a dog; or
(4)    surgically birth a dog.
(b)    A procedure described in subsection (a) of this section may be performed by a licensed veterinarian using anesthesia when appropriate on the animal.
(c)    A person who violates this section is guilty of a misdemeanor and on conviction is subject to:
(1)    for a first offense, imprisonment not exceeding 90 days or a fine not exceeding $1,000 or both; and
(2)    for a second or subsequent offense, imprisonment not exceeding 180 days or a fine not exceeding $5,000 or both.
2023 Maryland Statutes › Criminal Law › Title 10 - Crimes Against Public Health, Conduct, and Sensibilities › Subtitle 6 - Crimes Relating to Animals › Section 10-625 - Unauthorized Surgical Devocalization of Cat or Dog

(a)    (1)    “Devocalize” means to perform a surgical procedure involving cutting, notching, punching, abrading, lasering, suturing, or otherwise physically altering the vocal apparatus of a dog or cat with the intent of altering, reducing, or eliminating vocal sounds produced by the animal.
(2)    “Devocalize” includes debarking, devoicing, silencing, ventriculocordectomy, vocal cordectomy, bark reduction, and bark softening.
(b)    Except as provided in subsection (c) of this section, a person may not surgically devocalize a dog or cat.
(c)    A licensed veterinarian may surgically devocalize a dog or cat only if:
(1)    anesthesia is administered to the animal during the procedure; and
(2)    the veterinarian provides the owner or keeper of the animal a written certification that:
(i)    states that the procedure on the animal was medically necessary to treat or relieve a physical illness, a disease, or an injury, or to correct a congenital abnormality that is causing or will cause the animal medical harm or pain; and
(ii)    contains:
1.    the date and description of the veterinarian’s examination and evaluation;
2.    supporting diagnoses and findings;
3.    the name and current address and telephone number of the animal’s owner or keeper; and
4.    the name and current address and telephone number, State license number, and signature of the veterinarian.
(d)    A person who violates this section is guilty of a misdemeanor and on conviction is subject to:
(1)    for a first offense, imprisonment not exceeding 90 days or a fine not exceeding $1,000 or both; and
(2)    for a second or subsequent offense, imprisonment not exceeding 1 year or a fine not exceeding $2,000 or both.
2023 Maryland Statutes › Criminal Law › Title 10 - Crimes Against Public Health, Conduct, and Sensibilities › Subtitle 6 - Crimes Relating to Animals › Section 10-625.1 - Declawing Cats Prohibited -- Violations

(a)    In this section, “declawing procedure” has the meaning stated in § 2–301 of the Agriculture Article.
(b)    Except as provided in § 2–313.3 of the Agriculture Article, a person may not perform a declawing procedure on a cat.
(c)    (1)    A violation of this section is a civil offense.
(2)    A person who violates this section is subject to a fine not exceeding $1,000.
(3)    The provisions of this section may be enforced by:
(i)    any State or local law enforcement officer; or
(ii)    the local animal control authority for the jurisdiction where the violation occurs.
2023 Maryland Statutes › Criminal Law › Title 10 - Crimes Against Public Health, Conduct, and Sensibilities › Subtitle 6 - Crimes Relating to Animals › Section 10-626 - Killing or Harming Service Animals -- Punishment

(a)    In this section, “service animal” has the meaning stated in § 7–701 of the Human Services Article.
(b)    A person may not willfully and maliciously:
(1)    kill a service animal or allow an animal that the person owns or over which the person has immediate control to kill a service animal;
(2)    injure a service animal or allow an animal that the person owns or over which the person has immediate control to injure a service animal; or
(3)    interfere with the use of a service animal or allow an animal that the person owns or over which the person has immediate control to interfere with the use of a service animal.
(c)    (1)    A person who violates subsection (b)(1) or (2) of this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 2 years or a fine not exceeding $2,500 or both.
(2)    A person who violates subsection (b)(3) of this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $1,000 or both.
(3)    As a condition of sentencing, the court may order a defendant convicted of violating this section to pay, in addition to fines and costs, full restitution for all damages arising out of the offense, including:
(i)    the value of the service animal;
(ii)    replacement and training or retraining expenses for the service animal and handler;
(iii)    veterinary and other medical and boarding expenses for the service animal;
(iv)    medical expenses for the handler; and
(v)    lost wages or income incurred by the handler during any period that the handler is without the services of the service animal.
2023 Maryland Statutes › Criminal Law › Title 10 - Crimes Against Public Health, Conduct, and Sensibilities › Subtitle 7 - Maryland Uniform Flag Law › Section 10-701 - "Flag" Defined

In this subtitle, “flag” includes any size flag, standard, color, ensign, or shield made of any substance or represented or produced on any substance, that purports to be a flag, standard, color, ensign, or shield of the United States or of this State.
2023 Maryland Statutes › Criminal Law › Title 10 - Crimes Against Public Health, Conduct, and Sensibilities › Subtitle 7 - Maryland Uniform Flag Law › Section 10-702 - Scope of Subtitle

This subtitle does not apply to:
(1)    an act allowed by the statutes of the United States or of this State, or by the regulations of the armed forces of the United States; or
(2)    a document or product, stationery, ornament, picture, apparel, or jewelry that depicts a flag without a design or words on the flag and that is not connected with an advertisement.
2023 Maryland Statutes › Criminal Law › Title 10 - Crimes Against Public Health, Conduct, and Sensibilities › Subtitle 7 - Maryland Uniform Flag Law › Section 10-704 - Mutilation

(a)    A person may not intentionally mutilate, deface, destroy, burn, trample, or use a flag:
(1)    in a manner intended to incite or produce an imminent breach of the peace; and
(2)    under circumstances likely to incite or produce an imminent breach of the peace.
(b)    A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $1,000 or both.
2023 Maryland Statutes › Criminal Law › Title 11 - Indecency and Obscenity › Subtitle 1 - Adult Sexual Displays and Related Crimes › Section 11-101 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “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.
(c)    “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.
(d)    “Sexual conduct” means:
(1)    human masturbation;
(2)    sexual intercourse;
(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; or
(4)    lascivious exhibition of the genitals or pubic area of any person.
(e)    “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.
2023 Maryland Statutes › Criminal Law › Title 11 - Indecency and Obscenity › Subtitle 1 - Adult Sexual Displays and Related Crimes › Section 11-102 - Adult Sexual Displays -- Selling or Offering to Sell to Minor

(a)    A person may not knowingly sell or offer to sell to a minor:
(1)    a picture, photograph, drawing, sculpture, motion picture, film, or other visual representation or image of an individual or portion of the human body that depicts sadomasochistic abuse, sexual conduct, or sexual excitement;
(2)    a book, magazine, paperback, pamphlet, or other written or printed matter however reproduced, that contains:
(i)    any matter enumerated in item (1) of this section;
(ii)    obscene material; or
(iii)    explicit verbal descriptions or narrative accounts of sadomasochistic abuse, sexual conduct, or sexual excitement; or
(3)    a sound recording that contains:
(i)    obscene material; or
(ii)    explicit verbal descriptions or narrative accounts of sadomasochistic abuse, sexual conduct, or sexual excitement.
(b)    A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 6 months or a fine not exceeding $1,000 or both.
2023 Maryland Statutes › Criminal Law › Title 11 - Indecency and Obscenity › Subtitle 1 - Adult Sexual Displays and Related Crimes › Section 11-103 - Adult Sexual Displays -- Exhibition to Minors

(a)    This section applies to a motion picture show or other presentation, whether animated or live, that wholly or partly:
(1)    depicts or reveals:
(i)    sadomasochistic abuse;
(ii)    sexual conduct; or
(iii)    sexual excitement; or
(2)    includes obscene material or explicit verbal descriptions or narrative accounts of sexual conduct.
(b)    For monetary consideration or other valuable commodity or service, a person may not knowingly:
(1)    exhibit to a minor without the presence of the minor’s parent or guardian a motion picture show or other presentation described in subsection (a) of this section;
(2)    sell to a minor an admission ticket or other means to gain entrance to a motion picture show or other presentation described in subsection (a) of this section; or
(3)    admit a minor without the presence of the minor’s parent or guardian to premises where a motion picture show or other presentation described in subsection (a) of this section is exhibited.
(c)    A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 6 months or a fine not exceeding $1,000 or both.
2023 Maryland Statutes › Criminal Law › Title 11 - Indecency and Obscenity › Subtitle 1 - Adult Sexual Displays and Related Crimes › Section 11-104 - Adult Sexual Displays -- Allowing Minors to Enter or Remain on Premises

(a)    A person who operates or is employed in a sales, cashier, or managerial capacity in a retail establishment may not knowingly allow a minor without the presence of the minor’s parent or guardian to enter or remain on any premises where an item or activity detailed in § 11-102(a) of this subtitle is shown, displayed, or depicted.
(b)    A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 6 months or a fine not exceeding $1,000 or both.
2023 Maryland Statutes › Criminal Law › Title 11 - Indecency and Obscenity › Subtitle 1 - Adult Sexual Displays and Related Crimes › Section 11-104.1 - Adult Sexual Displays -- Allowing Minors to Enter or Remain on Premises -- Bookstores and Entertainment Venues

(a)    In Harford County and Cecil County, a person who operates a bookstore or entertainment venue in which an item or activity described in § 11-102 or § 11-103 of this subtitle is shown, displayed, or depicted and constitutes a majority of the items or activities offered for sale or rental by the bookstore or entertainment venue:
(1)    shall require each individual upon entering the premises to display a driver’s license or an identification card that substantiates the individual’s age; and
(2)    may not knowingly allow a minor to remain on the premises.
(b)    A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 6 months or a fine not exceeding $1,000 or both.
2023 Maryland Statutes › Criminal Law › Title 11 - Indecency and Obscenity › Subtitle 1 - Adult Sexual Displays and Related Crimes › Section 11-105 - Adult Sexual Displays -- Displaying or Allowing Display for Advertising Purposes

(a)    A person may not knowingly display for advertising purposes a picture, photograph, drawing, sculpture, or other visual representation or image of an individual or portion of a human body that:
(1)    depicts sadomasochistic abuse;
(2)    depicts sexual conduct as defined by § 11–101(d)(1), (2), or (3) of this subtitle;
(3)    depicts sexual excitement; or
(4)    contains a verbal description or narrative account of sadomasochistic abuse, sexual conduct, or sexual excitement.
(b)    A person may not knowingly allow a display described in subsection (a) of this section on premises that the person owns, rents, or manages.
(c)    A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 6 months or a fine not exceeding $1,000 or both.
2023 Maryland Statutes › Criminal Law › Title 11 - Indecency and Obscenity › Subtitle 1 - Adult Sexual Displays and Related Crimes › Section 11-106 - Adult Sexual Displays -- Presumptions

For purposes of §§ 11-101 through 11-105 of this subtitle, an employee of a person who operates premises where a public display violates this subtitle is presumed to have been the operator of the premises when the violation occurred if the employee was on the premises at the time of the violation.
2023 Maryland Statutes › Criminal Law › Title 11 - Indecency and Obscenity › Subtitle 1 - Adult Sexual Displays and Related Crimes › Section 11-107 - Indecent Exposure

(a)    In this section, “indecent exposure” includes engaging in an act of masturbation in public, whether or not the person’s genitalia are exposed.
(b)    A person convicted of indecent exposure is guilty of a misdemeanor and is subject to imprisonment not exceeding 3 years or a fine not exceeding $1,000 or both.
2023 Maryland Statutes › Criminal Law › Title 11 - Indecency and Obscenity › Subtitle 2 - Obscene Matter › Section 11-201 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Distribute” means to transfer possession.
(c)    “Knowingly” means having knowledge of the character and content of the matter.
(d)    “Matter” means:
(1)    a book, magazine, newspaper, or other printed or written material;
(2)    a picture, drawing, photograph, motion picture, or other pictorial representation;
(3)    a statue or other figure;
(4)    a recording, transcription, or mechanical, chemical, or electrical reproduction; or
(5)    any other article, equipment, machine, or material.
(e)    “Sadomasochistic abuse” has the meaning stated in § 11-101 of this title.
(f)    “Sexual conduct” has the meaning stated in § 11-101 of this title.
(g)    “Sexual excitement” has the meaning stated in § 11-101 of this title.
2023 Maryland Statutes › Criminal Law › Title 11 - Indecency and Obscenity › Subtitle 2 - Obscene Matter › Section 11-202 - Obscene Matter -- Distribution, Exhibition, Importation, and Publication

(a)    A person may not:
(1)    knowingly send or cause to be sent any obscene matter into the State for sale or distribution;
(2)    knowingly bring or cause to be brought any obscene matter into the State for sale or distribution;
(3)    in the State prepare, publish, print, exhibit, distribute, or offer to distribute any obscene matter; or
(4)    possess any obscene matter in the State with the intent to distribute, offer to distribute, or exhibit.
(b)    A person who violates this section is guilty of a misdemeanor and on conviction is subject to:
(1)    for a first violation, imprisonment not exceeding 1 year or a fine not exceeding $1,000 or both; and
(2)    for each subsequent violation, imprisonment not exceeding 3 years or a fine not exceeding $5,000 or both.
(c)    (1)    The State’s Attorney may maintain an action for an injunction in the circuit court against a person to prevent the sale, further sale, distribution, further distribution, acquisition, publication, or possession within the State of any book, magazine, pamphlet, newspaper, story paper, writing paper, picture, card, drawing, photograph, motion picture film or showing, or any article, item, or instrument the use of which is obscene.
(2)    The circuit court may enjoin the sale or distribution of a book, magazine, motion picture film or showing, or other publication or item that is prohibited under this section from sale or distribution.
(3)    After being served a summons and complaint in an action by the State’s Attorney under this section, a person who sells, distributes, or acquires the enjoined material is chargeable with knowledge of the contents of the materials described in this section.
(4)    The defendant is entitled to a trial of the issues within 1 day after joinder of issue.
(5)    The court shall render a decision within 2 days after the conclusion of the trial.
(6)    If an order or judgment is entered in favor of the State’s Attorney, the final order or judgment shall contain provisions:
(i)    directing the person to surrender the obscene matter to the peace officer designated by the court or the county sheriff; and
(ii)    directing the peace officer or county sheriff to seize and destroy the obscene matter.
(7)    In an action brought under this section, the State’s Attorney is not:
(i)    required to file a bond before an injunction order is issued;
(ii)    liable for costs; or
(iii)    liable for damages sustained because of the injunction order if judgment is rendered in favor of the defendant.
2023 Maryland Statutes › Criminal Law › Title 11 - Indecency and Obscenity › Subtitle 2 - Obscene Matter › Section 11-203 - Sale or Display of Obscene Item to Minor

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Distribute” includes to rent.
(3)    “Illicit sex” means:
(i)    human genitals in a state of sexual stimulation or arousal;
(ii)    acts of human masturbation, sexual intercourse, or sodomy; or
(iii)    fondling or other erotic touching of human genitals.
(4)    “Item” means a:
(i)    still picture or photograph;
(ii)    book, pocket book, pamphlet, or magazine;
(iii)    videodisc, videotape, video game, film, or computer disc; or
(iv)    recorded telephone message.
(5)    “Obscene” means:
(i)    that the average adult applying contemporary community standards would find that the work, taken as a whole, appeals to the prurient interest;
(ii)    that the work depicts sexual conduct specified in subsection (b) of this section in a way that is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material; and
(iii)    that the work, taken as a whole, lacks serious artistic, educational, literary, political, or scientific value.
(6)    “Partially nude figure” means a figure with:
(i)    less than completely and opaquely covered human genitals, pubic region, buttocks, or female breast below a point immediately above the top of the areola; or
(ii)    human male genitals in a discernibly turgid state, even if completely and opaquely covered.
(b)    (1)    A person may not willfully or knowingly display or exhibit to a minor an item:
(i)    the cover or content of which is principally made up of an obscene description or depiction of illicit sex; or
(ii)    that consists of an obscene picture of a nude or partially nude figure.
(2)    A person may not willfully or knowingly engage in the business of displaying, exhibiting, selling, showing, advertising for sale, or distributing to a minor an item:
(i)    the cover or content of which is principally made up of an obscene description or depiction of illicit sex; or
(ii)    that consists of an obscene picture of a nude or partially nude figure.
(3)    If a newsstand or other place of business is frequented by minors, the owner, operator, franchisee, manager, or an employee with managerial responsibility may not openly and knowingly display at the place of business an item whose sale, display, exhibition, showing, or advertising is prohibited by paragraph (2) of this subsection.
(c)    The provision of services or facilities by a telephone company under a tariff approved by the Public Service Commission is not a violation of subsection (b) of this section relating to recorded telephone messages.
(d)    A person who violates this section is guilty of a misdemeanor and on conviction is subject to:
(1)    for a first violation, imprisonment not exceeding 1 year or a fine not exceeding $1,000 or both; and
(2)    for each subsequent violation, imprisonment not exceeding 3 years or a fine not exceeding $5,000 or both.
2023 Maryland Statutes › Criminal Law › Title 11 - Indecency and Obscenity › Subtitle 2 - Obscene Matter › Section 11-204 - Obscene Performance in Certain Counties

(a)    This section applies only in Allegany, Anne Arundel, Charles, Howard, Somerset, Wicomico, and Worcester counties.
(b)    (1)    A person may not prepare, give, direct, present, perform or participate in an obscene performance, exhibition, drama, play, show, dancing exhibition, tableau, or other entertainment in which individuals perform or participate live in an obscene manner in the presence of individuals who have paid any kind of consideration to observe the exhibition or performance.
(2)    An owner, lessee, or manager of a building, garden, place, room, structure, or theater may not knowingly allow or assent to the use of the premises for the types of exhibitions prohibited by paragraph (1) of this subsection.
(c)    A person who violates this section is guilty of a misdemeanor and on conviction is subject to:
(1)    for a first violation, imprisonment not exceeding 1 year or a fine not exceeding $1,000 or both; and
(2)    for each subsequent violation, imprisonment not exceeding 3 years or a fine not exceeding $5,000 or both.
2023 Maryland Statutes › Criminal Law › Title 11 - Indecency and Obscenity › Subtitle 2 - Obscene Matter › Section 11-205 - Obscene Matter -- Advertising

(a)    A person may not knowingly:
(1)    write or create advertising or otherwise promote the sale or distribution of matter the person represents or holds out to be obscene; or
(2)    solicit the publication of advertising that promotes the sale or distribution of matter the person represents or holds out to be obscene.
(b)    A person who violates this section is guilty of a misdemeanor and on conviction is subject to:
(1)    for a first violation, imprisonment not exceeding 1 year or a fine not exceeding $1,000 or both; and
(2)    for each subsequent violation, imprisonment not exceeding 3 years or a fine not exceeding $5,000 or both.
2023 Maryland Statutes › Criminal Law › Title 11 - Indecency and Obscenity › Subtitle 2 - Obscene Matter › Section 11-206 - Obscene Matter -- Requiring Acceptance

(a)    (1)    A person may not knowingly require a purchaser or consignee to receive obscene matter as a condition to a sale, allocation, consignment, or delivery for resale of a paper, magazine, book, periodical, publication, or other merchandise.
(2)    In response to a person’s return of or failure to accept obscene matter, a person may not knowingly:
(i)    deny or revoke a franchise;
(ii)    threaten to deny or revoke a franchise; or
(iii)    impose a financial or other penalty.
(b)    A person who violates this section is guilty of a misdemeanor and on conviction is subject to:
(1)    for a first violation, imprisonment not exceeding 1 year or a fine not exceeding $1,000 or both; and
(2)    for each subsequent violation, imprisonment not exceeding 3 years or a fine not exceeding $5,000 or both.
2023 Maryland Statutes › Criminal Law › Title 11 - Indecency and Obscenity › Subtitle 2 - Obscene Matter › Section 11-207 - Child Pornography

(a)    A person may not:
(1)    cause, induce, solicit, or knowingly allow a minor to engage as a subject in the production of obscene matter or a visual representation or performance that depicts a minor engaged as a subject in sadomasochistic abuse or sexual conduct;
(2)    photograph or film a minor engaging in an obscene act, sadomasochistic abuse, or sexual conduct;
(3)    use a computer to depict or describe a minor engaging in an obscene act, sadomasochistic abuse, or sexual conduct;
(4)    knowingly promote, advertise, solicit, distribute, or possess with the intent to distribute any matter, visual representation, or performance:
(i)    that depicts a minor engaged as a subject in sadomasochistic abuse or sexual conduct; or
(ii)    in a manner that reflects the belief, or that is intended to cause another to believe, that the matter, visual representation, or performance depicts a minor engaged as a subject of sadomasochistic abuse or sexual conduct; or
(5)    use a computer to knowingly compile, enter, transmit, make, print, publish, reproduce, cause, allow, buy, sell, receive, exchange, or disseminate any notice, statement, advertisement, or minor’s name, telephone number, place of residence, physical characteristics, or other descriptive or identifying information for the purpose of engaging in, facilitating, encouraging, offering, or soliciting unlawful sadomasochistic abuse or sexual conduct of or with a minor.
(b)    A person who violates this section is guilty of a felony and on conviction is subject to:
(1)    for a first violation, imprisonment not exceeding 10 years or a fine not exceeding $25,000 or both; and
(2)    for each subsequent violation, imprisonment not exceeding 20 years or a fine not exceeding $50,000 or both.
(c)    (1)    (i)    This paragraph applies only if the minor’s identity is unknown or the minor is outside the jurisdiction of the State.
(ii)    In an action brought under this section, the State is not required to identify or produce testimony from the minor who is depicted in the obscene matter or in any visual representation or performance that depicts the minor engaged as a subject in sadomasochistic abuse or sexual conduct.
(2)    The trier of fact may determine whether an individual who is depicted in an obscene matter, or any visual representation or performance as the subject in sadomasochistic abuse or sexual conduct, was a minor by:
(i)    observation of the matter depicting the individual;
(ii)    oral testimony by a witness to the production of the matter, representation, or performance;
(iii)    expert medical testimony; or
(iv)    any other method authorized by an applicable provision of law or rule of evidence.
2023 Maryland Statutes › Criminal Law › Title 11 - Indecency and Obscenity › Subtitle 2 - Obscene Matter › Section 11-208 - Possession of Visual Representation of Child Under 16 Engaged in Certain Sexual Acts

(a)    (1)    In this section, “indistinguishable from an actual and identifiable child” means an ordinary person would conclude that the image is of an actual and identifiable minor.
(2)    “Indistinguishable from an actual and identifiable child” includes a computer–generated image that has been created, adapted, or modified to appear as an actual and identifiable child.
(3)    “Indistinguishable from an actual and identifiable child” does not include images or items depicting minors that are:
(i)    drawings;
(ii)    cartoons;
(iii)    sculptures; or
(iv)    paintings.
(b)    A person may not knowingly possess and intentionally retain a film, videotape, photograph, or other visual representation showing an actual child or a computer–generated image that is indistinguishable from an actual and identifiable 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.
(c)    (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.
(d)    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.
(e)    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.
2023 Maryland Statutes › Criminal Law › Title 11 - Indecency and Obscenity › Subtitle 2 - Obscene Matter › Section 11-209 - Hiring Minor for Prohibited Purpose

(a)    A person may not hire, employ, or use an individual, if the person knows, or possesses facts under which the person should reasonably know, that the individual is a minor, to do or assist in doing an act described in § 11-203 of this subtitle.
(b)    A person who violates this section is guilty of a misdemeanor and on conviction is subject to:
(1)    for a first violation, imprisonment not exceeding 1 year or a fine not exceeding $1,000 or both; and
(2)    for each subsequent violation, imprisonment not exceeding 3 years or a fine not exceeding $5,000 or both.
2023 Maryland Statutes › Criminal Law › Title 11 - Indecency and Obscenity › Subtitle 2 - Obscene Matter › Section 11-210 - Exemption From Subtitle

(a)    (1)    A person having a bona fide scientific, educational, governmental, artistic, news, or other similar justification for possessing or distributing prohibited matter is not subject to the prohibitions and penalties imposed by this subtitle.
(2)    A distribution made in accordance with a bona fide scientific, educational, governmental, artistic, news, or other similar justification is not subject to the prohibitions and penalties imposed by this subtitle.
(b)    A justification is not bona fide under this section if a reasonable person would find that a dominant purpose of the depiction of an individual under the age of 16 years engaging in sexual conduct is to arouse or gratify sexual desire in either the violator, the individual under the age of 16 years, or the viewer.
2023 Maryland Statutes › Criminal Law › Title 11 - Indecency and Obscenity › Subtitle 2 - Obscene Matter › Section 11-211 - Destruction of Obscene Matter Under Court Order

When the conviction of a person for a violation of this subtitle becomes final, the court may order the destruction of any matter or advertisement that was the basis of the person’s conviction and that remains in the possession or under the control of the court, the State, or a law enforcement unit.
2023 Maryland Statutes › Criminal Law › Title 11 - Indecency and Obscenity › Subtitle 3 - Prostitution and Related Crimes › Section 11-301 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Assignation” means the making of an appointment or engagement for prostitution or any act in furtherance of the appointment or engagement.
(c)    “Prostitution” means the performance of a sexual act, sexual contact, or vaginal intercourse for hire.
(d)    “Sexual act” has the meaning stated in § 3–301 of this article.
(e)    “Sexual contact” has the meaning stated in § 3–301 of this article.
(f)    “Sexually explicit performance” means a public or private, live, photographed, recorded, or videotaped act or show in which the performer is wholly or partially nude, and which is intended to sexually arouse or appeal to the prurient interest of patrons or viewers.
(g)    “Solicit” means urging, advising, inducing, encouraging, requesting, or commanding another.
(h)    “Vaginal intercourse” has the meaning stated in § 3–301 of this article.
2023 Maryland Statutes › Criminal Law › Title 11 - Indecency and Obscenity › Subtitle 3 - Prostitution and Related Crimes › Section 11-303 - House of Prostitution

(a)    A person may not knowingly:
(1)    engage in prostitution or assignation by any means; or
(2)    occupy a building, structure, or conveyance for prostitution or assignation.
(b)    A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $500 or both.
(c)    (1)    Subject to paragraph (2) of this subsection, in a prosecution under this section, it is an affirmative defense of duress if the defendant committed the act as a result of being a victim of an act of another in violation of Title 3, Subtitle 11 of this article or the prohibition against human trafficking under federal law.
(2)    A defendant may not assert the affirmative defense provided in paragraph (1) of this subsection unless the defendant notifies the State’s Attorney of the defendant’s intention to assert the defense at least 10 days prior to trial.
2023 Maryland Statutes › Criminal Law › Title 11 - Indecency and Obscenity › Subtitle 3 - Prostitution and Related Crimes › Section 11-304 - Receiving Earnings of Prostitute

(a)    A person may not receive or acquire money or proceeds from the earnings of a person engaged in prostitution with the intent to:
(1)    promote a crime under this subtitle;
(2)    profit from a crime under this subtitle; or
(3)    conceal or disguise the nature, location, source, ownership, or control of money or proceeds of a crime under this subtitle.
(b)    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.
(c)    A person who violates this section is subject to § 5-106(b) of the Courts Article.
2023 Maryland Statutes › Criminal Law › Title 11 - Indecency and Obscenity › Subtitle 3 - Prostitution and Related Crimes › Section 11-305 - Abduction of Child Under 16

(a)    For the purpose of committing a crime under Title 3, Subtitle 3 of this article, a person may not:
(1)    persuade or entice or aid in the persuasion or enticement of an individual under the age of 16 years from the individual’s home or from the custody of the individual’s parent or guardian; and
(2)    knowingly secrete or harbor or aid in the secreting or harboring of the individual who has been persuaded or enticed in the manner described in item (1) of this subsection.
(b)    A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 25 years or a fine not exceeding $5,000 or both.
(c)    It is not a defense to prosecution under this section that the person did not know the age of the victim.
2023 Maryland Statutes › Criminal Law › Title 11 - Indecency and Obscenity › Subtitle 3 - Prostitution and Related Crimes › Section 11-306 - Procuring or Solicitation of Prostitution or Assignation

(a)    A person may not knowingly procure or solicit or offer to procure or solicit prostitution or assignation.
(b)    A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $500 or both.
(c)    (1)    Subject to paragraph (2) of this subsection, in a prosecution under this section, it is an affirmative defense of duress if the defendant committed the act as a result of being a victim of an act of another in violation of Title 3, Subtitle 11 of this article or the prohibition against human trafficking under federal law.
(2)    A defendant may not assert the affirmative defense provided in paragraph (1) of this subsection unless the defendant notifies the State’s Attorney of the defendant’s intention to assert the defense at least 10 days prior to trial.