Criminal Law - Child Pornography - Prohibitions and Penalties
HB 670 expands Maryland’s child pornography laws by creating a new criminal offense for knowingly possessing and intentionally retaining, or knowingly or intentionally accessing and intentionally viewing, certain child sexual abuse material. The bill covers images of actual children under 16 and computer-generated images that are indistinguishable from an actual and identifiable child, when the image depicts sadomasochistic abuse, sexual conduct, or a state of sexual excitement. It also defines “image” broadly to include photographs, electronic images, videos, film, and similar visual depictions.
The bill also adds a separate felony offense for violations involving larger quantities or especially young victims. A person who violates the relevant child pornography provisions with 100 or more images would face up to 10 years’ imprisonment, and the same penalty applies when the material depicts a minor under age 13. These enhanced penalties may be imposed separately from, and consecutively to or concurrently with, other sentences arising from the same conduct. The bill takes effect October 1, 2026.
HB 670 amends Maryland Criminal Law §§ 11-207 and 11-208 and adds new § 11-208.2, broadening the state’s child pornography prohibitions to reach intentional viewing as well as possession and to expressly cover certain computer-generated images. It increases criminal exposure by creating felony penalties for high-volume cases and for material depicting children under 13, while preserving existing felony and misdemeanor penalty structures for related offenses. The bill also clarifies evidentiary rules and definitions, including how images are counted for sentencing purposes and that drawings, cartoons, sculptures, and paintings are excluded from the “indistinguishable” definition.
Based on the available record, the bill appears to have been introduced and referred to the Judiciary Committee without recorded votes or committee testimony in the provided materials. The caption and text suggest a strong public-safety and child-protection purpose, and the measure is framed as a targeted expansion of existing criminal prohibitions rather than a broader policy change. No opposing viewpoints are documented in the supplied context.
The main legal and policy issues raised by the bill are the expansion from possession to intentional viewing, the inclusion of computer-generated images that appear to be real children, and the enhanced penalties for cases involving 100 or more images or children under 13. Potential points of contention include how broadly “indistinguishable from an actual and identifiable child” may be applied, whether criminalizing viewing could raise enforcement or First Amendment concerns, and how prosecutors and courts will count images and prove age or identity when the minor is unknown or outside Maryland. No specific stakeholder objections are included in the provided materials.