Sex Crimes: Definitions and Penalties
Maryland

Vaginal intercourse, or a sexual act, with another by force or threat of force, without the consent of the other, and defendant:

• Employs or displays a dangerous weapon, or a physical object the victim reasonably believes is a dangerous weapon;
• suffocates, strangles, disfigures, or inflicts serious physical injury on the victim or another in the course of committing the crime;
• Threatens or places the victim in fear that the victim, or an individual known to the victim, imminently will be subject to death, suffocation, strangulation, disfigurement, serious physical injury, or kidnapping;
• Commits the crime while aided and abetted by another; or
• Commits the crime in connection with a burglary in the first, second, or third degree.

• Rape in the first degree is a felony punishable by imprisonment not exceeding life.
• If the defendant is also convicted of child kidnapping (§ 3-503(a)(2)), where the victim is under 16 years of age, then defendant is subject to imprisonment not exceeding life without the possibility of parole.
• If the defendant was previously convicted of rape in the first degree or sexual offense in the first degree, then subject to imprisonment not exceeding life without the possibility of parole.
• If the defendant is 18 years of age or older and the victim is under the age of 13 years, then defendant is subject to imprisonment for not less than 25 years and not exceeding life without the possibility of parole.
• A court may not suspend any part of the mandatory minimum sentence of 25 years.
• Defendant is not eligible for parole during the mandatory minimum sentence of 25 years.

The following definitions are relevant to this crime:

• “Sexual act” means any of the following acts, regardless of whether semen is emitted: (1) analingus; (2) cunnilingus; (3) fellatio; (4) anal intercourse, including penetration, however slight, of the anus; or (5) an act in which an object or part of an individual’s body penetrates, however slightly, into another individual’s genital opening or anus, and that can be reasonably construed to be for sexual arousal/gratification, or for abuse of either party.
• “Vaginal Intercourse” means genital copulation, whether or not semen is emitted; it includes penetration, however slight, of the vagina.
• “Consent” means the clear and voluntary agreement by an individual to engage in vaginal intercourse, a sexual act, or sexual contact.
• “Sexual act” does not include vaginal intercourse or an act in which an object or part of an individual’s body penetrates an individual’s genital opening or anus for an accepted medical purpose.
• A person who attempts rape in the first degree is subject to imprisonment not exceeding life under § 3-309.

• Md. Code Ann., Criminal Law, § 3-303
• Definitions, Md. Code Ann., Criminal Law, § 3-301, 3-301.1

Vaginal intercourse or a sexual act with another:

• Without the consent of the other;
• If the victim is a substantially cognitively impaired individual, a mentally incapacitated individual, or a physically helpless individual, and the person performing the act knows or reasonably should know that the victim is a substantially cognitively impaired individual, a mentally incapacitated individual, or a physically helpless individual; or
• If the victim is under the age of 14 years, and the defendant is at least 4 years older than the victim.

• Rape in the second degree is a felony punishable by imprisonment not exceeding 20 years.
• If the defendant is 18 years of age or older and the victim is under the age of 13 years, defendant is subject to imprisonment for not less than 15 years and not exceeding life.
• A court may not suspend any part of the mandatory minimum of 15 years.
• Defendant is not eligible for parole during the mandatory minimum sentence.

• “Sexual contact” means an intentional touching of the victim’s or actor’s genital, anal, or other intimate area for sexual arousal or gratification, or for the abuse of either party.
• “Physically helpless individual” means an individual who: (1) is unconscious; or (2) does not consent to vaginal intercourse, a sexual act, or sexual contact, and is physically unable to resist, or communicate unwillingness to submit to, vaginal intercourse, a sexual act, or sexual contact.
• “Mentally incapacitated individual” means an individual who, because of the influence of a drug, narcotic, or intoxicating substance, or because of an act committed on the individual without the individual’s consent or awareness, is rendered substantially incapable of: (1) appraising the nature of the individual’s conduct; (2) resisting vaginal intercourse, a sexual act, or sexual contact.
  • “Sexual contact” does not include a common expression of familial or friendly affection or an act for an accepted medical purpose.
• “Substantially cognitively impaired individual” means an individual who suffers from an intellectual disability or a mental disorder, either of which temporarily or permanently renders the individual substantially incapable of (1) appraising the nature of the individual’s conduct; (2) resisting vaginal intercourse, a sexual act, or sexual contact; or (3) communicating unwillingness to submit to vaginal intercourse, a sexual act, or sexual contact. A person who attempts rape in the second degree is subject to imprisonment not exceeding 20 years under § 3-310.

• Definitions, Md. Code Ann., Criminal Law, § 3-301
• Md. Code Ann., Criminal Law § 3-304

• Engaging in sexual contact with another without the consent of the other; and defendant:
• Employs or displays a dangerous weapon, or a physical object the victim reasonably believes is a dangerous weapon;
• Suffocates, strangles, disfigures, or inflicts serious physical injury on the victim or another in the course of committing the crime;
• Threatens or places the victim in fear that the victim, or an individual known to the victim, imminently will be subject to death, suffocation, strangulation, disfigurement, serious physical injury, or kidnapping; or
• Commits the crime while aided and abetted by another;
• Engaging in sexual contact with another if the victim is a substantially cognitively impaired individual, a mentally incapacitated individual, or a physically helpless individual, and the person performing the act knows or reasonably should know the victim is a substantially cognitively impaired individual, a mentally incapacitated individual, or a physically helpless individual;
• Engaging in sexual contact with another if the victim is under the age of 14 years, and the person performing the sexual contact is at least 4 years older than the victim;
• Engaging in a sexual act with another if the victim is 14 or 15 years old, and the person performing the sexual act is at least 21 years old; or
• Engaging in vaginal intercourse with another if the victim is 14 or 15 years old, and the person performing the act is at least 21 years old.

• Sexual offense in the third degree is a felony punishable by imprisonment not exceeding 10 years.

• For relevant definitions, see “Rape in the First Degree” and “Rape in the Second Degree.”

• Definitions, Md. Code Ann., Criminal Law, § 3-301
• Md. Code Ann., Criminal Law § 3-307

• A person in a position of authority engaging in:
• Sexual contact with another without the consent of the other;
• Sexual act with another if the victim is 14 or 15 years old, and the person performing the sexual act is at least 4 years older than the victim; or
• Vaginal intercourse with another if the victim is 14 or 15 years old, and the person performing the act is at least 4 years older than the victim.
• A person engaging in:
  • a sexual act or sexual contact with a minor who, at the time of the sexual act or sexual contact, is a student enrolled at a school where the person in position of authority works or is participating in a program for which the person in a position of authority works and is at least 6 years younger than the person in a position of authority.
  • vaginal intercourse with a minor who, at the time of the vaginal intercourse, is a student enrolled at a school where the person in position of authority works or is participating in a program for which the person in a position of authority works and is at least 6 years younger than the person in a position of authority.

• Sexual offense in the fourth degree is a misdemeanor punishable by imprisonment not exceeding 1 year or a fine not exceeding $1,000 or both.
• If defendant has been previously convicted (not arising from the same incident) of rape in the first of second degree, sexual offense in the first, second, third, or fourth degree, attempted rape in the first of second degree, attempted sexual offense in the first of second degree, or continuing course of conduct against a child, or sexual abuse of a minor, then defendant is subject to imprisonment not exceeding 3 years or a fine not exceeding $1,000 or both.

• “Person in a position of authority” means a person who:
• is at least 21 years old and works for remuneration or as a volunteer for a public or private preschool, elementary school, or secondary school or is at least 22 years old and works for remuneration or as a volunteer for a program; and
• exercises supervision over or works or interacts with one or more minors who attend the school or participate in the program.
• “Person in a position of authority” includes a principal, vice principal, teacher, coach or school counselor at a public or private preschool, elementary school, or secondary school.
• “Program” means:
• an individual, a business, a religious or faith-based institution, or an organization that provides, on a for-profit or nonprofit basis, instructional, coaching, recreational, spiritual, character-building, or supervisory services or activities for minors, including: sports, music, dance, art, or martial arts coaching or instruction; tutoring or academic enrichment; day care or after school care; scouting; or day or overnight camping; or
• any unit of local, State, or federal government.
• For other relevant definitions, see “Rape in the First Degree” and “Rape in the Second Degree.”

• Md. Code Ann., Criminal Law § 3-308

• Correctional employee with incarcerated individual:
•  A correctional employee, any other employee of the Department of Public Safety and Correctional Services or a correctional facility, an employee of a contractor providing goods or services to the Department of Public Safety and Correctional Services or a correctional facility, and any other individual working in a correctional facility, whether on a paid or volunteer basis, may not engage in sexual contact, vaginal intercourse, or a sexual act with an incarcerated individual.
• Juvenile Services employee with confined child:
•  A person may not engage in sexual contact, vaginal intercourse, or a sexual act with an individual confined to a child care institution licensed by the Department of Juvenile Services, a detention center for juveniles, or a facility for juveniles listed in § 9-226(b) of the Human Services Article.
• Court-ordered services provider:
• A court-ordered services provider may not engage in sexual contact, vaginal intercourse, or a sexual act with an individual ordered to obtain services while the order is in effect.
• Law enforcement officer with person in custody:
  • A law enforcement officer may not engage in sexual contact, vaginal intercourse, or a sexual act with a person: (i) who is a victim, witness, or suspect in an open investigation that the law enforcement officer is conducting, supervising, or assisting with if the law enforcement officer knew or should have known that the person is a victim, witness, or suspect in the investigation or with a person who is requesting assistance from or responding to the law enforcement officer in the course of the law enforcement officer’s official duties unless the law enforcement officer had a prior existing legal sexual relationship with the person and did not act under the color or pretense of office or under color of official right when seeking consent to the vaginal intercourse, sexual act, or sexual contact; or (ii) in the custody of the law enforcement officer.

• Sexual conduct between correctional or Department of Juvenile Services employee or court-provided services provider and incarcerated individual or confined child is a misdemeanor punishable by imprisonment not exceeding 3 years or a fine not exceeding $3,000 or both.

• “Correctional employee” means a correctional officer or managing official or deputy managing official of a correctional facility.
• “Correctional employee” includes a sheriff, warden, or other official who is appointed or employed to supervise a correctional facility.
• “Correctional facility” means a facility that is operated for the purpose of detaining or confining adults who are charged with or found guilty of a crime.
• “Correctional officer” means a member of a correctional unit whose duties relate to the investigation, care, custody, control, or supervision of incarcerated individuals and individuals who: have been placed on parole or mandatory supervision; have been placed on probation; or have received a suspended sentence.
• “Correctional officer” does not include: the head or deputy head of a correctional unit; or a sheriff, warden, or superintendent or an individual with an equivalent title who is appointed or employed by a unit of government to exercise equivalent supervisory authority.
• “Court-ordered services provider” means a person who provides services to an individual who has been ordered by the court, the Division of Parole and Probation, or the Department of Juvenile Services to obtain those services.
• “Incarcerated individual” means an individual who is actually or constructively detained or confined in a correctional facility, including an individual confined in a community adult rehabilitation center.
• “Law enforcement officer” means has the meaning stated in § 3-101 of the Public Safety Article.
• For other relevant definitions, see “Rape in the First Degree” and “Rape in the Second Degree.”

• Md. Code Ann., Criminal Law § 1-101, 3-314
• Md. Code Ann., Correctional Services §§ 1-101, 8-201
• Md. Code Ann., Public Safety § 1-101

• A parent or other person who has permanent or temporary care or custody or responsibility for the supervision of a minor may not cause sexual abuse to the minor; and
• A household member or family member may not cause sexual abuse to a minor.

• Sexual abuse of a minor is a felony punishable by imprisonment not exceeding 25 years.

• “Family member” means a relative of a minor by blood, adoption, or marriage.
• “Household member” means a person who lives with or is a regular presence in a home of a minor at the time of the alleged abuse.
• “Sexual abuse” means an act that involves sexual molestation or exploitation of a minor, whether physical injuries are sustained or not.
• “Sexual abuse” includes: incest; rape; sexual offense in any degree; and any other sexual conduct that is a crime.

• Md. Code Ann., Criminal Law §§ 3-601, 3-602

• Engaging in a continuing course of conduct which includes three or more acts that would constitute rape in the first of second degree or sexual offense in the first, second or third degree over a period of 90 days or more, with a victim who is under the age of 14 years at any time during the course of conduct.

• Continuing course of conduct with child is a felony punishable by imprisonment not exceeding 30 years.

• For relevant definitions, see “Rape in the First Degree,” “Rape in the Second Degree,” and “Sexual Offense in the Third Degree.”

• Md. Code Ann., Criminal Law § 3-315

• Maryland has repealed the common law crime of sodomy.

• N/A

• Enforceability of an anti-sodomy law in Maryland would be questionable following the Supreme Court’s decision in Lawrence v. Texas and the Maryland circuit court’s decision in Williams v. Glendening, 1998 WL 965992, that a predecessor statute would have violated the equal protection clause of the US Constitution if applied to consensual conduct.

• Md. Code Ann., Criminal Law § 3-321