§ 3-709. Sextortion and revenge porn.

MD Crim Law Code § 3-709 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

(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.