(a)(1) In this section the following words have the meanings indicated.
(2)(i) “Person in a position of authority” means a person who:
1. A. 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
B. is at least 22 years old and works for remuneration or as a volunteer for a program; and
2. exercises supervision over or works or interacts with one or more minors who attend the school or participate in the program.
(ii) “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.
(3) “Program” means:
(i) 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:
1. sports, music, dance, art, or martial arts coaching or instruction;
2. tutoring or academic enrichment;
3. day care or after school care;
4. scouting; or
5. day or overnight camping; or
(ii) any unit of local, State, or federal government.
Prohibited--In general
(b) A person may not engage in:
(1) sexual contact with another without the consent of the other;
(2) except as provided in § 3-307(a)(4) of this subtitle, a 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
(3) except as provided in § 3-307(a)(5) of this subtitle, 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.
Prohibited--Persons in a position of authority
(c)(1) Except as provided in § 3-307(a)(4) of this subtitle or subsection (b)(2) of this section, a person in a position of authority may not engage in a sexual act or sexual contact with a minor who, at the time of the sexual act or sexual contact:
(i) is a student enrolled at a school where the person in a position of authority works; or
(ii) 1. is participating in a program for which the person in a position of authority works; and
2. is at least 6 years younger than the person in a position of authority.
(2) Except as provided in § 3-307(a)(5) of this subtitle or subsection (b)(3) of this section, a person in a position of authority may not engage in vaginal intercourse with a minor who, at the time of the vaginal intercourse:
(i) is a student enrolled at a school where the person in a position of authority works; or
(ii) 1. is participating in a program for which the person in a position of authority works; and
2. is at least 6 years younger than the person in a position of authority.
Penalty
(d)(1) Except as provided in paragraph (2) of this subsection, a person who violates this section is guilty of the misdemeanor of sexual offense in the fourth degree and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $1,000 or both.
(2)(i) On conviction of a violation of this section, a person who has been convicted on a prior occasion not arising from the same incident of a violation of § 3-303, § 3-304, §§ 3-307 through 3-310 of this subtitle, § 3-311 or § 3-312 of this subtitle as the sections existed before October 1, 2017, § 3-315 of this subtitle, or § 3-602 of this title is subject to imprisonment not exceeding 3 years or a fine not exceeding $1,000 or both.
(ii) If the State intends to proceed against a person under subparagraph (i) of this paragraph, it shall comply with the procedures set forth in the Maryland Rules for the indictment and trial of a subsequent offender.
Other crimes
(e)(1) Unless specifically charged by the State, a violation of this section may not be considered a lesser included crime of any other crime.
(2) A sentence imposed under this section may be imposed separate from and consecutive to or concurrent with a sentence for any crime based on the act establishing the violation of this section.
Credits
Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2004, c. 217, § 1, eff. Oct. 1, 2004; Acts 2006, c. 317, § 1, eff. Oct. 1, 2006; Acts 2011, c. 192, § 1, eff. Oct. 1, 2011; Acts 2011, c. 193, § 1, eff. Oct. 1, 2011; Acts 2014, c. 170, § 1, eff. Oct. 1, 2014; Acts 2017, c. 161, § 1, eff. Oct. 1, 2017; Acts 2017, c. 162, § 1, eff. Oct. 1, 2017; Acts 2019, c. 8, § 5; Acts 2023, c. 730, § 1, eff. Oct. 1, 2023.
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.
