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MARYLAND


    NAC NOTE: The following new sections of the Maryland Annotated
    code (1992) replaced sections that were repealed by Acts 2002, ch.
    26, ァ 1, effective October 1, 2002. The official state revisor's notes
    are included here for clarity.
    Click here to view repealed sections of the Maryland Code that
    applied to nudity.
     

Maryland Code : CRIMINAL LAW :
TITLE 11. INDECENCY AND OBSCENITY :
SUBTITLE 1. ADULT SEXUAL DISPLAYS AND RELATED CRIMES

ァ 11-101. Definitions.

 (a) In general.- In this subtitle the following words have the meanings indicated.

      Revisor's Note.

      This subsection is new language derived without substantive change from the introductory language of former Art. 27, ァ 416A.

      The reference to "this subtitle" is substituted for the former reference to "this subheading". Although this subtitle contains material on "indecent exposure" derived from material outside of the former "Nudity and Sexual Displays" subheading of Article 27, the terms defined in this section are only used in revised material that is derived from that former subheading; thus no substantive change results.

 (b) Advertising purposes.- "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.

      Revisor's Note.

      This subsection is new language derived without substantive change from former Art. 27, ァ 416A(a).
       
      In item (1) of this subsection, the former reference to "products" is deleted in light of Art. 1, ァ 8, which provides that the singular generally includes the plural.

 (c) Sadomasochistic abuse.- "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.

      Revisor's Note.

      This subsection is new language derived without substantive change from former Art. 27, ァ 416A(c). In item (2) of this subsection, the former phrase "or so clothed" is deleted for brevity.

(d)  Sexual conduct.- "Sexual conduct" means:

     (1) human masturbation;
     (2) sexual intercourse; or
     (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.

      Revisor's Note.
      This subsection is new language derived without substantive change from former Art. 27, ァ 416A(d). In item (3) of this subsection, the reference to conduct "with another individual" is substituted for the former reference to conduct "between members of the same or opposite sex" for brevity and clarity. Also in item (3) of this subsection, the reference to buttocks "of an individual" is substituted for the former reference to buttocks "of the human male or female" for brevity and clarity.

(e)  Sexual excitement.- "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.

      Revisor's Note.
      This subsection is new language derived without substantive change from former Art. 27, ァ 416A(e). In item (1) of this subsection, the former reference to "male or female" genitals is deleted as included in the reference to "human" genitals.

 [An. Code 1957, art. 27, ァ 416A, 416A(a), (c)-(e); 2002, ch. 26, ァ 2.] 
 

ァ 11-102. Adult sexual displays - Selling or offering to sell to minor.

(a)  Prohibited.- 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)  Penalty.- 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.

[An. Code 1957, art. 27, ァァ 416B, 416G; 2002, ch. 26, ァ 2; ch. 45.]
 

ァ 11-103. Same - Exhibition to minors.

(a)  Scope of section.- 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)  Prohibited.- 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)  Penalty.- 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.

[An. Code 1957, art. 27, ァァ 416C, 416G; 2002, ch. 26, ァ 2; ch. 45.]


ァ 11-104. Same - Allowing minors to enter or remain on premises.

(a)  Prohibited.- 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 ァ 11-102(a) of this subtitle is shown, displayed, or depicted.

(b)  Penalty.- 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.

[An. Code 1957, art. 27, ァァ 416E, 416G; 2002, ch. 26, ァ 2; ch. 45.]
 

ァ 11-105. Same - Displaying or allowing display for advertising purposes.

(a)  Prohibited - Display.- 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;
    (3) depicts sexual excitement; or
    (4) contains a verbal description or narrative account of sadomasochistic abuse, sexual conduct, or sexual excitement.

(b)  Same - Allowing display.- 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)  Penalty.- 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.

[An. Code 1957, art. 27, ァァ 416D, 416G; 2002, ch. 26, ァ 2; ch. 45.]
 

ァ 11-106. Same - Presumptions.

 For purposes of ァァ 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.

[An. Code 1957, art. 27, ァ 416F; 2002, ch. 26, ァ 2.]
 

ァ 11-107. Indecent exposure.

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.

[An. Code 1957, art. 27, ァ 335A; 2002, ch. 26, ァ 2.]


ァ 2-202. Warrantless arrests - In general.

 (a) Crimes committed in presence of police officer.- A police officer may arrest without a warrant a person who commits or attempts to commit a felony or misdemeanor in the presence or within the view of the police officer.

 (b) Probable cause to believe crime committed in presence of officer.- A police officer who has probable cause to believe that a felony or misdemeanor is being committed in the presence or within the view of the police officer may arrest without a warrant any person whom the police officer reasonably believes to have committed the crime.

 (c) Probable cause to believe felony committed.- A police officer without a warrant may arrest a person if the police officer has probable cause to believe that a felony has been committed or attempted and the person has committed or attempted to commit the felony whether or not in the presence or within the view of the police officer.

[An. Code 1957, art. 27, ァ 594(B)(a), (b), (c); 2001, ch. 10, ァ 2; ch. 206; 2002, ch. 388.]
 

ァ 2-203. Same - Commission of specified crimes.

(a)  In general.- A police officer without a warrant may arrest a person if the police officer has probable cause to believe:

    (1) that the person has committed a crime listed in subsection (b) of this section; and

    (2) that unless the person is arrested immediately, the person:

       (i) may not be apprehended;
       
       (ii) may cause physical injury or property damage to another; or
       
       (iii) may tamper with, dispose of, or destroy evidence.

 (b) Specified crimes.- The crimes referred to in subsection (a)(1) of this section are:

     (1) manslaughter by vehicle or vessel under ァ 2-209 of the Criminal Law Article;
     
     (2) malicious burning under ァ 6-104 or ァ 6-105 of the Criminal Law Article or an attempt to commit the crime;
     
     (3) malicious mischief under ァ 6-301 of the Criminal Law Article or an attempt to commit the crime;
     
     (4) a theft crime where the value of the property or services stolen is less than $500 under ァ 7-104 or ァ 7-105 of the Criminal Law Article or an attempt to commit the crime;
     
     (5) the crime of giving or causing to be given a false alarm of fire under ァ 9-604 of the Criminal Law Article;
     
     (6) indecent exposure under ァ 11-107 of the Criminal Law Article;
     
     (7) a crime that relates to controlled dangerous substances under Title 5 of the Criminal Law Article or an attempt to commit the crime;
     
     (8) the wearing, carrying, or transporting of a handgun under ァ 4-203 or ァ 4-204 of the Criminal Law Article;
      
     (9) carrying or wearing a concealed weapon under ァ 4-101 of the Criminal Law Article; and
     
     (10) prostitution and related crimes under Title 11, Subtitle 3 of the Criminal Law Article.

[An. Code 1957, art. 27, ァ 594B(e), (f); 2001, ch. 10, ァ 2; chs. 206, 674; 2002, ch. 213, ァ 6.] 
 

ァ 8-803. Indecent exposure by inmate in the presence of a correctional officer or authorized personnel.

(a)  Definitions.- Words or phrases in this section that describe the common-law crime of indecent exposure shall retain their judicially determined meanings except to the extent expressly or implicitly changed in this section.

 (b) Prohibited conduct.- An inmate may not, with intent to annoy, abuse, torment, harass, or embarrass a correctional officer or authorized personnel, lewdly, lasciviously, and indecently expose private parts of the inmate's body in the presence of the correctional officer or authorized personnel.

 (c) Penalty.- An inmate who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $1,000 or both.

 [2002, ch. 160.]
_____________________________________

Maryland Code : ARTICLE 2B ALCOHOLIC BEVERAGES : TITLE 10. LICENSES. : SUBTITLE 4. REVOCATION AND SUSPENSION. : ァ 10-405. Nudity and sexual displays.

         ァ 10-405. Nudity and sexual displays.
 
 (a) Applicability.- The provisions of this section apply only in: 

  (1) Allegany County;
  (2) Anne Arundel County;
  (3) Calvert County; 
  (4) Caroline County;
  (5) Carroll County; 
  (6) Cecil County; 
  (7) Charles County; 
  (8) Dorchester County;
  (9) Frederick County; 
  (10) Garrett County;
  (11) Harford County;
  (12) Kent County; 
  (13) Queen Anne's County; 
  (14) St. Mary's County; 
  (15) Except as provided in subsection (i) of this section, Washington County; 
  (16) Wicomico County; and 
  (17) Worcester County.

 (b) In general.- Any license issued under the provisions of this article shall be revoked if, after hearing as provided in ァ 10-403 of this subtitle, any of the activities listed in this section are found to occur on any premises or location for which the license was issued.

 (c) Attire and conduct.- With respect to attire and conduct, a person may not:
 
 (1) Be employed or used in the sale or service of alcoholic beverages in or upon the licensed premises while the person is unclothed or in attire, costume or clothing so as to expose to view any portion of the female breast below the top of the areola or of any portion of the pubic hair, anus, cleft of the buttocks, vulva or genitals;

 (2) Be employed or act as a hostess or act in a similar-type capacity to mingle with the patrons while the hostess or person acting in a similar-type capacity is unclothed or in attire, costume or clothing as described in paragraph (1) of this subsection;

 (3) Encourage or permit any person on the licensed premises to touch, caress or fondle the breasts, buttocks, anus or genitals of any other person; or
 
 (4) Permit any employee or person to wear or use any device or covering exposed to view, which simulates the breast, genitals, anus, pubic hair or any portion of it.
 
 (d) Entertainment provided generally.- With respect to entertainment provided, a person may not:

 (1) Permit any person to perform acts of or acts which simulate: 

 (i) The act of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law;

 (ii) The touching, caressing or fondling of the breast, buttocks, anus or genitals; or 

 (iii) The display of the pubic hair, anus, vulva or genitals;
 
  (2) Permit any entertainer whose breasts and/or buttocks are exposed (subject to the restrictions of paragraph (1) of this subsection) to perform closer than six feet from the nearest patron; or 

 (3) Permit any person to use artificial devices or inanimate objects to depict, perform or simulate any activity prohibited by paragraph (1) of this subsection.

 (e) Motion pictures, still pictures, electronic or other visual reproductions.- A person may not exhibit or show any motion picture film, still picture, electronic reproduction or other visual reproduction depicting:

 (1) Acts or simulated acts of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law;

 (2) Any person being touched, caressed or fondled on the breast, buttocks, anus or genitals; 

 (3) Scenes where a person displays the vulva or anus or the genitals; or 

 (4) Scenes where artificial devices or inanimate objects are employed to depict, or drawings are employed to portray, any of the prohibited activities described above.

 (f) Persons exposing genitalia, etc.- A person may not permit any person to remain in or upon the licensed premises who exposes to public view any portion of his genitals or anus. 

 (g) Effect of other statutes, ordinances, rules or regulations.- The provisions of this section do not permit any conduct or form of attire prohibited by any other provision of statute, ordinance, rule or regulation. 

 (h) Additional penalties in Cecil County.- In Cecil County, in addition to the penalty provided in subsection (b) of this section, if any of the activities listed in subsections (c), (d), (e), and (f) of this section are found to occur on the premises for which the license was issued, the holder of the license, or any employee, entertainer, or patron who performs any of the listed activities is guilty of a misdemeanor and shall be fined or imprisoned according to the penalty set forth in ァ 16-503 of this article.
 
 (i) Exemptions in Washington County.- In Washington County, this section does not apply to: 

 (1) The Washington County Playhouse; or

 (2) A theater holding a Class B beer, wine and liquor on-sale license under ァ 6-201 (w) of this article. 

 (j) Penalties in Caroline County.-  

 (1) This subsection applies only in Caroline County. 

 (2) After a finding that the activities enumerated in this section have occurred, the Board of License Commissioners may decide whether or not to revoke a license, notwithstanding the mandatory provisions of subsection (b) of this section. 

 [1973, ch. 276; 1974, ch. 162; 1977, ch. 816; ch. 837, ァ 1; 1978, chs. 144, 790; 1979, ch. 267; 1987, ch. 96; 1988, ch. 6, ァ 1; ch. 39; 1989, ch. 5, ァ 15; 1991, chs. 4, 455; 1992, chs. 463, 527; 1993, ch. 641; 1994, chs. 253, 527; 1995, ch. 3, ァ 1; ch. 108; 1996, ch. 10, ァ 1; ch. 643; 1998, ch. 520; 2002, ch. 96.]


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