Maryland Strikes Down Child Porn Law

ST. MARY’S COUNTY, Md. – A court of appeals ruled this week that Maryland state law does not consider downloading child pornography a crime.

The decision is based on an appeal filed by a man convicted of child porn possession after police raided his home in 2003 and discovered downloaded pictures of underage girls engaged in sex acts.

Jonathan George Moore asked the Court of Special Appeals to review his conviction, asking for clarification between the act of downloading child porn and distributing it. While he admitted to downloading the images, he claims he was not involved in the distribution or creation of the images.

At issue is the term “depict,” which according to Maryland law suggests the act of distribution. Moore’s attorney argued that he had been convicted based on a ruling that he used a computer to “depict or describe” a minor engaging in sexually explicit activity.

However, the appeals court determined that there is in fact a discrepancy between a person who “downloads” an image for possession and a person who “depicts” or creates an image, which is punishable as a crime.

"A person who downloads a picture of a rose does not depict the rose; the photographer depicts the rose when taking the picture," the ruling said.

The appeals court issued a unanimous decision on the issue, although many child advocates are outraged, calling it an endorsement of pedophiles and a future legal loophole for child pornographers.

“This decision sends the wrong message; it is very concerning to those who try to battle child pornography and protect innocent children,” Joan Irvine of Association of Sites Advocating Child Protection said. “If it is legal to download child pornography, this will encourage the criminals who make money distributing such pictures to these pedophiles. The end result is still the same – a child was sexually abused.”

The appeal did not overturn Moore’s misdemeanor charge for possessing child pornography.

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

German High Court Puts Pornhub, YouPorn 'Network Ban' on Hold

A German high court on Friday temporarily barred a state media regulator from ordering internet providers to cut off access to Aylo-owned adult sites Pornhub and YouPorn in Germany, pending further action by Cypriot and European Union authorities.

Luxembourg Media Regulator Fines LiveJasmin for AV Noncompliance

The Luxembourg Independent Audiovisual Authority (ALIA) has levied a fine of 25,000 euros (approximately $28,000) against webcam platform LiveJasmin for failing to comply with provisions of the country’s Electronic Media Law.

AdultHTML Introduces Subscription Option for Website Owners

AdultHTML has added a subscription option for its web development service, allowing site owners to pay a monthly fee for access to developers and tools.

French Parliament Rejects Ban on Purchase of 'Remote' Sexual Services

The French National Assembly has backed off from a proposal to criminalize the purchase, and/or facilitation by online platforms, of sexual services performed remotely by streamers and custom content creators.

2027 XBIZ Exec Awards Pre-Nominations Period Opens

XBIZ is pleased to announce that the pre-nomination period for the 2027 XBIZ Exec Awards, the adult industry’s preeminent career honors, begins Wednesday and runs through Oct. 14.

Takedown Piracy Reports Infiltration, Monitoring of Mega.nz

Takedown Piracy has reported that it successfully infiltrated Mega.nz folders and identified and removed nearly two million instances of stolen content.

Pornhub Unblocks Australia Users on iOS Devices, Citing Apple AV Effectiveness

Pornhub parent company Aylo on Tuesday announced that users in Australia will once again be able to access the popular site if they are using Apple devices and have confirmed their age through Apple’s Australian age-verification process.

California Governor Signs Bill Limiting CIPA Claims

Governor Gavin Newsom has signed into law a bill to narrow the scope of the California Invasion of Privacy Act (CIPA), to prevent abusive lawsuits targeting online businesses, including adult websites.

California Enacts Stricter UGC Rules for Adult Sites

Governor Gavin Newsom has signed into law a bill to impose tighter compliance standards for user-generated content (UGC) on adult websites accessible in California.

Minister: UK Aims to Begin Enforcing 'Choking' Ban Before Year's End

The U.K. will soon begin enforcement of a new law criminalizing depictions of “non-fatal strangulation” in adult content, according to a Ministry of Justice official.

Show More