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Bill > HB670


MD HB670

MD HB670
Civil Actions - Unsolicited Obscene Material


summary

Introduced
01/24/2025
In Committee
01/24/2025
Crossed Over
Passed
Dead
04/08/2025

Introduced Session

2025 Regular Session

Bill Summary

Prohibiting a person from knowingly sending by electronic means to another person an image or video depicting obscene material that the sender knows or reasonably should know is unsolicited; authorizing a person to bring an action against a person who violates the Act; and exempting certain entities and individuals from the Act.

AI Summary

This bill establishes a legal framework in Maryland to protect individuals from receiving unsolicited obscene electronic images or videos. The bill defines "obscene material" as content that, based on contemporary community standards, appeals to prurient interests, depicts sexual conduct in a patently offensive manner, and lacks serious artistic, educational, literary, political, or scientific value. Specifically, the legislation prohibits knowingly sending unsolicited electronic images or videos containing obscene material, such as sexual acts or exposed genitals. Recipients who have been harmed by such transmissions can bring civil actions seeking economic and noneconomic damages, including compensation for emotional distress. If the recipient had previously expressly forbidden such communications, they may additionally seek statutory damages between $1,500 and $30,000, as well as punitive damages. The bill provides exemptions for internet service providers, transmission services, and healthcare providers sending images for legitimate medical purposes. Importantly, the remedies are cumulative, meaning individuals are not restricted from seeking other legal recourses. The law is set to take effect on October 1, 2025, giving entities time to prepare for compliance.

Committee Categories

Justice

Sponsors (3)

Last Action

House Judiciary Hearing (11:00:00 2/19/2025 ) (on 02/19/2025)

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