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Legal Information: Maryland

Statutes: Maryland

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Updated: 
August 13, 2019

§ 3-709. Sextortion prohibited

Definitions

(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.

In general

(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.

Penalty

(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.

Sentencing

(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.

Confidentiality of visual representation depicting victim that is part of court records

(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.