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MarylandSB 02212026 Regular SessionSenate

Criminal Law - Child Pornography - Prohibitions and Penalties

Sponsored By: Mary-Dulany James (Democratic)

Signed by Governor

Criminal Law - Substantive CrimesChild Abuse and NeglectChildren (4-12)Crimes and Punishments -see also- Penalties and Sentnc; etc.Digital ImagesMinors -see also- Age of Majority; YouthPenalties and Sentences -see also- Death PenaltyPhotographyPornography -see also- Nudity and Sexual Displays; ObscenityRecordings -see also- VideoVideo

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 0 benefits, 2 costs, 2 mixed.

Felony crimes for child sexual material

Beginning October 1, 2026, the law makes it a felony to create, help create, or share sexual material involving a minor. It also bans using a computer to make or spread such material or to collect a child’s identifying details to help abuse. A first conviction can bring up to 10 years in prison and a fine up to $25,000. Later convictions can bring up to 20 years and a fine up to $50,000. If the child’s identity is unknown or outside Maryland, prosecutors may prove age by the images, witnesses, experts, or other legal proof.

Tougher penalties for 100+ or under-13 images

Beginning October 1, 2026, the law sets counting rules: each photo counts as 1 image and each video counts as 20 images. Possessing 100 or more images in a distribution or possession case is a felony with up to 10 years in prison. Any image that shows a child under 13, or a realistic computer-made image of such a child, is also a felony with up to 10 years. These sentences can run at the same time as, or separate from, other sentences for the same conduct.

Ban on possessing child sex images

Beginning October 1, 2026, the law bans knowingly possessing and intentionally keeping, or knowingly accessing and intentionally viewing, sexual images of a child under 16. This includes realistic computer-made images that look like an actual, identifiable child. A first conviction is a misdemeanor with up to 5 years in jail or a fine up to $2,500. A later conviction is a felony with up to 10 years or a fine up to $10,000. Parents may keep non-sexual nude images of their own child. That exception does not apply if the image shows sexual conduct or sadomasochistic abuse. You also have a defense if you promptly and in good faith destroyed the images or reported them to police.

Realistic computer-made child images count

Beginning October 1, 2026, a realistic computer-made picture counts as a picture of a real child if an ordinary person would think so. The law excludes drawings, cartoons, sculptures, and paintings.

Sponsors & Cosponsors

Sponsor

  • Mary-Dulany James

    Democratic • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 180 • No: 0

House vote • 4/7/2026

Third Reading Passed

Yes: 137 • No: 0 • Other: 1

Senate vote • 2/19/2026

Third Reading Passed

Yes: 43 • No: 0

Actions Timeline

  1. Approved by the Governor - Chapter 530

    5/12/2026

  2. Returned Passed

    4/8/2026Senate

  3. Third Reading Passed (137-0)

    4/7/2026House

  4. Favorable Adopted Second Reading Passed

    4/6/2026House

  5. Favorable Report by Judiciary

    4/6/2026House

  6. Referred Judiciary

    2/20/2026House

  7. Third Reading Passed (43-0)

    2/19/2026Senate

  8. Second Reading Passed

    2/17/2026Senate

  9. Favorable Adopted

    2/17/2026Senate

  10. Favorable Report by Judicial Proceedings

    2/16/2026Senate

  11. First Reading Judicial Proceedings

    1/14/2026Senate

  12. Hearing 1/22 at 1:00 p.m.

    1/13/2026Senate

  13. Pre-filed

    10/31/2025Senate

Bill Text

  • Enacted

    5/12/2026

    PDF

  • Third Reading

    2/17/2026

    PDF

  • First Reading

    1/14/2026

    PDF

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