Criminal Law - Display of Obscene Material to Minors
HB0710 amends Maryland’s criminal law on displaying obscene material to minors. The bill updates the statutory definition of “item” to expressly include drawings and illustrations, in addition to existing categories such as still pictures, books, magazines, video media, and recorded telephone messages. It also retains the existing prohibition on knowingly displaying or distributing to minors obscene items involving illicit sex or obscene depictions of nude or partially nude figures.
The bill further adds a new restriction aimed at public schools and other places frequented by minors: a public school principal, manager, owner, operator, franchisee, or employee with managerial responsibility may not openly and knowingly display on the premises any item whose sale, display, exhibition, rental, borrowing, showing, or advertising to minors is already prohibited under the statute. The bill leaves the misdemeanor penalties unchanged, with a first offense punishable by up to one year in jail and/or a $1,000 fine, and subsequent offenses punishable by up to three years in jail and/or a $5,000 fine. The act would take effect October 1, 2026.
HB0710 would expand and clarify the scope of Maryland Criminal Law § 11-203 by explicitly covering drawings and illustrations and by extending the anti-display rule to certain public school settings and other premises frequented by minors. It would affect schools, bookstores, newsstands, and similar businesses by increasing the circumstances under which obscene material may not be openly displayed where minors are present, while preserving the existing criminal penalties for violations.
Based on the available context, the bill appears to be framed as a child-protection and obscenity-enforcement measure, with sponsors from the House Judiciary Committee and no recorded votes or transcript debate in the provided materials. The introduction and referral to Judiciary suggest it is being treated as a criminal law and public morality issue rather than a fiscal or administrative one. No formal committee sentiment is available, but the bill’s language indicates support for stricter limits on exposure of minors to obscene material.
The main point of contention is likely to be the breadth of the obscenity restrictions and how they apply in schools and other public venues frequented by minors. Supporters would likely view the bill as a necessary safeguard for children and a clarification of existing law, while critics may argue that the terms “obscene,” “partially nude figure,” and “openly and knowingly display” could be applied too broadly or create compliance and free-expression concerns for schools and businesses. The added school-specific language may also raise questions about enforcement, educational materials, and what counts as prohibited display on school premises.