In this subtitle the following words have the meanings indicated. “Advertising purposes” means the purpose of propagandizing in connection with the commercial: sale of a product; offering of a service; or exhibition of entertainment. “Sadomasochistic abuse” means: flagellation or torture committed by or inflicted on an individual who is: nude; wearing only undergarments; or wearing a revealing or bizarre costume; or binding, fettering, or otherwise physically restraining an individual who is: nude; wearing only undergarments; or wearing a revealing or bizarre costume. “Sexual conduct” means: human masturbation; sexual intercourse; whether alone or with another individual or animal, any touching of or contact with: the genitals, buttocks, or pubic areas of an individual; or breasts of a female individual; or lascivious exhibition of the genitals or pubic area of any person. “Sexual excitement” means: the condition of the human genitals when in a state of sexual stimulation; the condition of the human female breasts when in a state of sexual stimulation; or the sensual experiences of individuals engaging in or witnessing sexual conduct or nudity.

A person may not knowingly sell or offer to sell to a minor: 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; a book, magazine, paperback, pamphlet, or other written or printed matter however reproduced, that contains: any matter enumerated in item (1) of this section; obscene material; or explicit verbal descriptions or narrative accounts of sadomasochistic abuse, sexual conduct, or sexual excitement; or a sound recording that contains: obscene material; or explicit verbal descriptions or narrative accounts of sadomasochistic abuse, sexual conduct, or sexual excitement. 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.

This section applies to a motion picture show or other presentation, whether animated or live, that wholly or partly: depicts or reveals: sadomasochistic abuse; sexual conduct; or sexual excitement; or includes obscene material or explicit verbal descriptions or narrative accounts of sexual conduct. For monetary consideration or other valuable commodity or service, a person may not knowingly: 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; 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 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. 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.

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

In Harford County and Cecil County, a person who operates a bookstore or entertainment venue in which an item or activity described in § 11-102 or § 11-103 of this subtitle is shown, displayed, or depicted and constitutes a majority of the items or activities offered for sale or rental by the bookstore or entertainment venue: shall require each individual upon entering the premises to display a driver’s license or an identification card that substantiates the individual’s age; and may not knowingly allow a minor to remain on the premises. 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.

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: depicts sadomasochistic abuse; depicts sexual conduct as defined by § 11–101(d)(1), (2), or (3) of this subtitle; depicts sexual excitement; or contains a verbal description or narrative account of sadomasochistic abuse, sexual conduct, or sexual excitement. A person may not knowingly allow a display described in subsection (a) of this section on premises that the person owns, rents, or manages. 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.

For purposes of §§ 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.

In this section, “indecent exposure” includes engaging in an act of masturbation in public, whether or not the person’s genitalia are exposed. A person may not commit the common law crime of indecent exposure. A person may not with prurient intent commit the common law crime of indecent exposure when the person knows or reasonably should know that a minor is present and the minor is: at least 2 years old; and more than 4 years younger than the person. A person who violates subsection (b) of 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. A person who violates subsection (c) of this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $10,000 or both.