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§ 3-315. Continuing course of conduct against child

West's Annotated Code of MarylandCriminal LawEffective: October 1, 2019

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, 2019
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.
Separate violations
(e) For purposes of prosecution under this section, violations of subsection (a) of this section that occur in separate periods of 90 days or more shall be considered separate violations.

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; Acts 2019, c. 47, § 1, eff. Oct. 1, 2019; Acts 2019, c. 48, § 1, eff. Oct. 1, 2019.
MD Code, Criminal Law, § 3-315, MD CRIM LAW § 3-315
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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