English
Español§ 3-709. Sextortion prohibited
Definitions
(a)(1) In this section the following words have the meanings indicated.
(2) “Intimate parts” has the meaning stated in § 3-809 of this title.
(3) “Sexual activity” has the meaning stated in § 3-809 of this title.
In general
(b) A person may not cause another to:
(1) engage in an act of sexual activity by threatening to:
(i) accuse any person of a crime or of anything that, if true, would bring the person into contempt or disrepute;
(ii) cause physical injury to a person;
(iii) inflict emotional distress on a person;
(iv) cause economic damage to a person; or
(v) cause damage to the property of a person; or
(2) engage as a subject in the production of a visual representation or performance that depicts the other with the other’s intimate parts exposed or engaging in or simulating an act of sexual activity by threatening to:
(i) accuse any person of a crime or of anything that, if true, would bring the person into contempt or disrepute;
(ii) cause physical injury to a person;
(iii) inflict emotional distress on a person;
(iv) cause economic damage to a person; or
(v) cause damage to the property of a person.
Penalty
(c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $10,000 or both.
Sentencing
(d) A sentence imposed under this section may be separate from and consecutive to or concurrent with a sentence for any crime based on the act establishing the violation of this section.
Confidentiality of visual representation depicting victim that is part of court records
(e) A visual representation depicting a victim that is part of a court record for a case arising from a prosecution under this section:
(1) subject to item (2) of this subsection, may not be made available for public inspection; and
(2) except as otherwise ordered by the court, may only be made available for inspection in relation to a criminal charge under this section to:
(i) court personnel;
(ii) a jury in a criminal case brought under this section;
(iii) the State’s Attorney or the State’s Attorney’s designee;
(iv) the Attorney General or the Attorney General’s designee;
(v) a law enforcement officer;
(vi) the defendant or the defendant’s attorney; or
(vii) the victim or the victim’s attorney.
