Text of MD HB 1212 (2025)

Criminal Law - Obscene Material - Device Filters

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EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW. [Brackets] indicate matter deleted from existing law. *hb1212* HOUSE BILL 1212 E1, D3, P1 5lr2991 HB 1311/24 – ECM By: Delegate McComas Introduced and read first time: February 6, 2025 Assigned to: Economic Matters A BILL ENTITLED AN ACT concerning 1 Criminal Law – Obscene Material – Device Filters 2 FOR the purpose of requiring, beginning on a certain date, each device activated in the 3 State to enable a certain filter to prevent minors from accessing obscene material; 4 prohibiting a certain person from deactivating the filter; providing that a 5 manufacturer of a device and certain persons are subject to civil and criminal 6 liability for certain conduct related to device filters; authorizing the Attorney 7 General to take certain actions against persons who violate this Act; authorizing 8 parents or legal guardians of minors who access obscene material to file a private 9 cause of action against a certain manufacturer or person; and generally relating to 10 obscene material and device filters. 11 BY repealing and reenacting, without amendments, 12 Article – Criminal Law 13 Section 11–203(a)(5) and (b) 14 Annotated Code of Maryland 15 (2021 Replacement Volume and 2024 Supplement) 16 BY adding to 17 Article – Criminal Law 18 Section 11–203.1 19 Annotated Code of Maryland 20 (2021 Replacement Volume and 2024 Supplement) 21 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 22 That the Laws of Maryland read as follows: 23 Article – Criminal Law 24 11–203. 25 2 HOUSE BILL 1212 (a) (5) “Obscene” means: 1 (i) that the average adult applying contemporary community 2 standards would find that the work, taken as a whole, appeals to the prurient interest; 3 (ii) that the work depicts sexual conduct specified in subsection (b) 4 of this section in a way that is patently offensive to prevailing standards in the adult 5 community as a whole with respect to what is suitable material; and 6 (iii) that the work, taken as a whole, lacks serious artistic, 7 educational, literary, political, or scientific value. 8 (b) (1) A person may not willfully or knowingly display or exhibit to a minor 9 an item: 10 (i) the cover or content of which is principally made up of an obscene 11 description or depiction of illicit sex; or 12 (ii) that consists of an obscene picture of a nude or partially nude 13 figure. 14 (2) A person may not willfully or knowingly engage in the business of 15 displaying, exhibiting, selling, showing, advertising for sale, or distributing to a minor an 16 item: 17 (i) the cover or content of which is principally made up of an obscene 18 description or depiction of illicit sex; or 19 (ii) that consists of an obscene picture of a nude or partially nude 20 figure. 21 (3) If a newsstand or other place of business is frequented by minors, the 22 owner, operator, franchisee, manager, or an employee with managerial responsibility may 23 not openly and knowingly display at the place of business an item whose sale, display, 24 exhibition, showing, or advertising is prohibited by paragraph (2) of this subsection. 25 11–203.1. 26 (A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS 27 INDICATED. 28 (2) “ACTIVATE” MEANS THE PROCESS OF POWERING ON A DEVICE 29 AND ASSOCIATING IT WITH A NEW USER ACCOUNT. 30 (3) “DEVICE” MEANS A TABLET OR A SMART PHONE MANUFACTURED 31 ON OR AFTER JANUARY 1, 2026. 32 HOUSE BILL 1212 3 (4) “FILTER” MEANS SOFTWARE INSTALLED ON A DEVICE THAT IS 1 CAPABLE OF PREVENTING THE DEVICE FROM ACCESSING OR DISPLAYING OBSCENE 2 MATERIAL THROUGH INTERNET BROWSERS OR SEARCH ENGINES. 3 (5) “INTERNET” MEANS THE GLOBAL INFORMATION SYSTEM THAT: 4 (I) IS LOGICALLY LINKED TOGETHER BY A GLOBALLY UNIQUE 5 ADDRESS SPACE BASED ON THE INTERNET PROTOCOL, OR ITS SUBSEQUENT 6 EXTENSIONS, THAT IS ABLE TO SUPPORT COMMUNICATIONS USING THE 7 TRANSMISSION CONTROL PROTOCOL OR INTERNET PROTOCOL SUITE, OR ITS 8 SUBSEQUENT EXTENSIONS, OR OTHER INTERNET PROTOCOL–COMPATIBLE 9 PROTOCOLS; AND 10 (II) PROVIDES, USES, OR MAKES ACCESSIBLE, EITHER 11 PUBLICLY OR PRIVATELY, HIGH–LEVEL SERVICES LAYERED ON COMMUNICATIONS 12 AND RELATED INFRASTRUCTURE. 13 (6) “MANUFACTURER” MEANS A PERSON OR COMPANY THAT: 14 (I) IS ENGAGED IN THE BUSINESS OF MANUFACTURING A 15 DEVICE; 16 (II) HOLDS THE PATENTS FOR THE DEVICE IT MANUFACTURES; 17 AND 18 (III) HAS A COMMERCIALLY DESIGNATED REGISTERED AGENT IN 19 THE STATE. 20 (7) “MINOR” MEANS AN INDIVIDUAL UNDER THE AGE OF 18 YEARS 21 WHO IS NOT: 22 (I) EMANCIPATED; 23 (II) MARRIED; OR 24 (III) A MEMBER OF THE ARMED FORCES OF THE UNITED STATES. 25 (8) “OBSCENE” HAS THE MEANING STATED IN § 11–203 OF THIS 26 SUBTITLE. 27 4 HOUSE BILL 1212 (9) “PASSWORD” MEANS A STRING OF CHARACTERS OR OTHER 1 SECURE METHOD USED TO ENABLE, DEACTIVATE, MODIFY, OR UNINSTALL A FILTER 2 ON A DEVICE. 3 (10) “SMART PHONE” MEANS AN ELECTRONIC DEVICE THAT COMBINES 4 A CELL PHONE WITH A HAND–HELD COMPUTER, TYPICALLY OFFERING INTERNET 5 ACCESS THROUGH A BROWSER OR SEARCH ENGINE, DATA STORAGE, TEXT, AND 6 E–MAIL CAPABILITIES. 7 (11) “TABLET” MEANS AN INTERNET–READY DEVICE EQUIPPED WITH: 8 (I) AN OPERATING SYSTEM, TOUCHSCREEN DISPLAY, AND 9 RECHARGEABLE BATTERY; AND 10 (II) THE ABILITY TO SUPPORT ACCESS TO A CELLULAR 11 NETWORK. 12 (B) BEGINNING JANUARY 1, 2026, EACH DEVICE ACTIVATED IN THE STATE 13 SHALL: 14 (1) DETERMINE THE AGE OF THE USER DURING ACTIVATION AND 15 ACCOUNT SET–UP; 16 (2) ENABLE AN EXISTING FILTER FOR MINOR USERS, AT WHICH POINT 17 THE FILTER MUST BE SET TO THE ON POSITION WHEN THE USER IS A MINOR; 18 (3) PREVENT A MINOR FROM ACCESSING OBSCENE MATERIAL 19 THROUGH EACH INTERNET BROWSER OR SEARCH ENGINE ON THE DEVICE VIA: 20 (I) MOBILE DATA NETWORKS; 21 (II) WIRED INTERNET NETWORKS; AND 22 (III) WIRELESS INTERNET NETWORKS; 23 (4) NOTIFY THE MINOR USER OF THE DEVICE WHEN THE FILTER 24 BLOCKS THE DEVICE FROM ACCESSING A WEBSITE; AND 25 (5) ALLOW PARENTS OR LEGAL GUARDIANS OF MINOR USERS TO: 26 (I) DISABLE THE FILTER OR UNBLOCK A WEBSITE AFTER 27 PROVIDING REASONABLE AGE VERIFICATION; AND 28 HOUSE BILL 1212 5 (II) CREATE A PASSWORD THAT MAY THEN BE USED TO 1 REACTIVATE THE FILTER AT ANY TIME. 2 (C) A PERSON, OTHER THAN A PARENT OR LEGAL GUARDIAN, MAY NOT 3 DEACTIVATE OR UNINSTALL THE FILTER REQUIRED UNDER SUBSECTION (B) OF THIS 4 SECTION FOR A MINOR UNDER THE CARE AND CONTROL OF THE PARENT OR 5 GUARDIAN. 6 (D) (1) SUBJECT TO PARAGRAPHS (2) AND (3) OF THIS SUBSECTION, 7 BEGINNING JANUARY 1, 2026, A MANUFACTURER OF A DEVICE SHALL BE SUBJECT 8 TO CIVIL AND CRIMINAL LIABILITY IF: 9 (I) A DEVICE IS ACTIVATED IN THE STATE; 10 (II) THE DEVICE DOES NOT, ON ACTIVATION, ENABLE A FILTER 11 THAT COMPLIES WITH THE REQUIREMENTS UNDER SUBSECTION (B) OF THIS 12 SECTION; AND 13 (III) A MINOR ACCESSES OBSCENE MATERIAL ON THE DEVICE. 14 (2) NOTWITHSTANDING PARAGRAPH (1) OF THIS SUBSECTION, THIS 15 SECTION DOES NOT APPLY TO A MANUFACTURER THAT MAKES A GOOD FAITH 16 EFFORT TO PROVIDE A DEVICE THAT, ON ACTIVATION OF THE DEVICE IN THE STATE, 17 AUTOMATICALLY ENABLES A GENERALLY ACCEPTED AND COMMERCIALLY 18 REASONABLE FILTER THAT BLOCKS OBSCENE MATERIAL ON ALL INTERNET 19 BROWSERS OR SEARCH ENGINES ACCESSED ON THE DEVICE IN ACCORDANCE WITH 20 THIS SECTION. 21 (3) THIS SECTION MAY NOT BE CONSTRUED TO CREATE A CAUSE OF 22 ACTION AGAINST THE RETAILER OF A DEVICE. 23 (E) (1) EXCEPT FOR A MINOR’S PARENT OR LEGAL GUARDIAN, A PERSON 24 IS CIVILLY LIABLE FOR DISABLING THE FILTER ON A DEVICE IN THE POSSESSION OF 25 THE MINOR IF THE MINOR ACCESSES OBSCENE MATERIAL. 26 (2) (I) BEGINNING JANUARY 1, 2026, EXCEPT FOR A PARENT OR 27 LEGAL GUARDIAN, A PERSON MAY NOT DISABLE THE FILTER ON A DEVICE IN THE 28 POSSESSION OF A MINOR. 29 (II) A PERSON WHO VIOLATES THIS PARAGRAPH IS SUBJECT TO: 30 1. FOR A FIRST OFFENSE, A FINE NOT EXCEEDING 31 $5,000; AND 32 6 HOUSE BILL 1212 2. FOR A SECOND OR SUBSEQUENT OFFENSE, 1 IMPRISONMENT NOT EXCEEDING 1 YEAR OR A FINE NOT EXCEEDING $50,000. 2 (F) (1) IF THE ATTORNEY GENERAL HAS REASON TO BELIEVE THAT A 3 PERSON VIOLATED OR IS VIOLATING THIS SECTION, THE ATTORNEY GENERAL, 4 ACTING IN PUBLIC INTEREST, MAY FILE A CIVIL CAUSE OF ACTION IN THE NAME OF 5 THE STATE AGAINST THE PERSON TO: 6 (I) ENJOIN AN ACTION THAT CONSTITUTES A VIOLATION OF 7 THIS SECTION BY THE ISSUANCE OF A TEMPORARY RESTRAINING ORDER OR 8 PRELIMINARY OR PERMANENT INJUNCTION; 9 (II) RECOVER FROM THE ALLEGED VIOLATOR A CIVIL PENALTY 10 NOT EXCEEDING $5,000 PER VIOLATION, AND NOT EXCEEDING $50,000 IN 11 AGGREGATE, AS DETERMINED BY THE COURT; 12 (III) RECOVER FROM THE ALLEGED VIOLATOR THE ATTORNEY 13 GENERAL’S REASONABLE EXPENSES, INVESTIGATIVE COSTS, AND ATTORNEY’S 14 FEES; AND 15 (IV) OBTAIN OTHER APPROPRIATE RELIEF. 16 (2) THE ATTORNEY GENERAL MAY ISSUE SUBPOENAS TO A PERSON 17 AND CONDUCT HEARINGS IN AID OF AN INVESTIGATION OR INQUIRY IN ADDITION TO 18 OTHER POWERS CONFERRED ON THE ATTORNEY GENERAL BY THIS SECTION. 19 (3) THE ATTORNEY GENERAL MAY SEEK THE REVOCATION OF A 20 LICENSE OR CERTIFICATE AUTHORIZING A MANUFACTURER TO ENGAGE IN 21 BUSINESS IN THE STATE. 22 (4) FOR PURPOSES OF ASSESSING A PENALTY UNDER THIS SECTION, 23 A MANUFACTURER IS CONSIDERED TO HAVE COMMITTED A SEPARATE VIOLATION 24 FOR EACH DEVICE MANUFACTURED ON OR AFTER JANUARY 1, 2026, THAT VIOLATES 25 THE PROVISIONS OF THIS SECTION. 26 (G) (1) A PARENT OR LEGAL GUARDIAN OF A MINOR WHO ACCESSES 27 OBSCENE MATERIAL IN VIOLATION OF THIS SECTION MAY FILE A PRIVATE CAUSE OF 28 ACTION IN A COURT OF COMPETENT JURISDICTION AGAINST A MANUFACTURER WHO 29 FAILS TO COMPLY WITH THIS SECTION. 30 (2) A PREVAILING PLAINTIFF MAY RECOVER: 31 HOUSE BILL 1212 7 (I) ACTUAL DAMAGES; 1 (II) IN THE DISCRETION OF THE COURT WHERE ACTUAL 2 DAMAGES ARE DIFFICULT TO ASCERTAIN DUE TO THE NATURE OF THE INJURY, 3 LIQUIDATED DAMAGES IN THE AMOUNT OF $50,000 FOR EACH VIOLATION; 4 (III) WHEN THE VIOLATION IS FOUND TO BE KNOWING AND 5 WILLFUL, PUNITIVE DAMAGES IN AN AMOUNT DETERMINED BY THE COURT; 6 (IV) NOMINAL DAMAGES; 7 (V) OTHER RELIEF AS THE COURT CONSIDERS APPROPRIATE, 8 INCLUDING REASONABLE COURT COSTS AND EXPENSES; AND 9 (VI) REASONABLE ATTORNEY’S FEES. 10 (3) THIS SECTION MAY NOT BE CONSTRUED TO PRECLUDE THE 11 BRINGING OF A CLASS ACTION LAWSUIT AGAINST A MANUFACTURER WHEN ITS 12 CONDUCT IN VIOLATION OF THIS SECTION IS KNOWING AND WILLFUL. 13 (4) A PARENT OR LEGAL GUARDIAN OF A MINOR WHO ACCESSES 14 OBSCENE MATERIAL IN VIOLATION OF THIS SECTION MAY FILE A PRIVATE CAUSE OF 15 ACTION IN A COURT OF COMPETENT JURISDICTION AGAINST A PERSON WHO 16 DISABLES THE FILTER FROM A DEVICE THAT RESULTS IN THE CHILD BEING 17 EXPOSED TO OBSCENE CONTENT. 18 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 19 October 1, 2025. 20