Home Table of Contents

§ 3-315. Continuing course of conduct against child

West's Annotated Code of MarylandCriminal LawEffective: October 1, 2017

West's Annotated Code of Maryland
Criminal Law (Refs & Annos)
Title 3. Other Crimes Against the Person
Subtitle 3. Sexual Crimes (Refs & Annos)
Effective: October 1, 2017
MD Code, Criminal Law, § 3-315
§ 3-315. Continuing course of conduct against child
In general
(a) A person may not engage in a continuing course of conduct which includes three or more acts that would constitute violations of § 3-303, § 3-304, or § 3-307 of this subtitle, or violations of § 3-305 or § 3-306 of this subtitle as the sections existed before October 1, 2017, 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.
Penalty
(b)(1) A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 30 years.
(2) A sentence imposed under this section may be separate from and consecutive to or concurrent with a sentence under § 3-602 of this title.
Required number of acts
(c) In determining whether the required number of acts occurred in violation of this section, the trier of fact:
(1) must determine only that the required number of acts occurred; and
(2) need not determine which acts constitute the required number of acts.
Merger of offenses
(d)(1) A person may not be charged with a violation of § 3-303, § 3-304, or § 3-307 of this subtitle involving the same victim in the same proceeding as a violation of this section unless the other violation charged occurred outside the time period charged under this section.
(2) A person may not be charged with a violation of § 3-303, § 3-304, or § 3-307 of this subtitle involving the same victim unless the violation charged occurred outside the time period charged under this section.

Credits

Added by Acts 2002, c. 278, § 2, eff. Oct. 1, 2002. Amended by Acts 2017, c. 161, § 1, eff. Oct. 1, 2017; Acts 2017, c. 162, § 1, eff. Oct. 1, 2017.

Editors' Notes

HISTORICAL AND STATUTORY NOTES
2002 Legislation
Acts 2002, c. 273, § 2, amended Criminal Law § 3-601 and added Criminal Law § 3-602, related to sexual abuse of a minor. In subsec. (b)(2), the reference to “§ 3-601” has been changed to “§ 3-602” to conform to Acts 2002, c. 273, § 2.
Acts 2002, c. 278, § 2, added Criminal Law § 3-314, effective Oct. 1, 2002. Acts 2002, c. 266, § 1, renumbered Criminal Law §§ 3-313 through 3-321, as added by Acts 2002, c. 26, § 2, to be Criminal Law §§ 3-314 through 3-322, respectively. Acts 2002, c. 278, § 1, renumbered Criminal Law §§ 3-314 through 3-321, as added by Acts 2002, c. 26, § 2, to be Criminal Law §§- 3-315 through 3-222, respectively. Criminal Law § 3-314, as added by Acts 2002, c. 278, § 2, has been designated as Criminal Law § 3-315.
2017 Legislation
Acts 2017, c. 161, § 1, and Acts 2017, c. 162, § 1, in (a), deleted “§ 3-305, § 3-306,”, and inserted “, or violations of § 3-305 or § 3-306 of this subtitle as the sections existed before October 1, 2017,”; in (d), deleted “§ 3-305, § 3-306,” in two instances.
MD Code, Criminal Law, § 3-315, MD CRIM LAW § 3-315
Current through legislation effective July 1, 2019, from the 2019 Regular Session of the General Assembly.
End of Document© 2019 Thomson Reuters. No claim to original U.S. Government Works.