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§ 3-314. Sexual conduct between correctional or juvenile justice employee and inmate or confine...

West's Annotated Code of MarylandCriminal LawEffective: October 1, 2018

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, 2018
MD Code, Criminal Law, § 3-314
Formerly cited as MD CODE Art. 27, § 464G
§ 3-314. Sexual conduct between correctional or juvenile justice employee and inmate or confined child
Definitions
(a)(1) In this section the following words have the meanings indicated.
(2)(i) “Correctional employee” means a:
1. correctional officer, as defined in § 8-201 of the Correctional Services Article; or
2. managing official or deputy managing official of a correctional facility.
(ii) “Correctional employee” includes a sheriff, warden, or other official who is appointed or employed to supervise a correctional facility.
(3) “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.
(4)(i) “Inmate” has the meaning stated in § 1-101 of this article.
(ii) “Inmate” includes an individual confined in a community adult rehabilitation center.
(5) “Law enforcement officer” has the meaning stated in § 3-101 of the Public Safety Article.
Prohibited--Correctional employee with inmate
(b)(1) This subsection applies to:
(i) a correctional employee;
(ii) any other employee of the Department of Public Safety and Correctional Services or a correctional facility;
(iii) an employee of a contractor providing goods or services to the Department of Public Safety and Correctional Services or a correctional facility; and
(iv) any other individual working in a correctional facility, whether on a paid or volunteer basis.
(2) A person described in paragraph (1) of this subsection may not engage in sexual contact, vaginal intercourse, or a sexual act with an inmate.
Prohibited--Juvenile Services employee with confined child
(c) A person may not engage in sexual contact, vaginal intercourse, or a sexual act with an individual confined in 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.
Prohibited--Court-ordered Service provider with individual ordered to obtain services
(d) 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.
Prohibited--Law enforcement officer with person in custody of officer
(e) A law enforcement officer may not engage in sexual contact, vaginal intercourse, or a sexual act with a person in the custody of the law enforcement officer.
Penalty
(f) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $3,000 or both.
Sentencing
(g) A sentence imposed for a violation of this section may be separate from and consecutive to or concurrent with a sentence for another crime under § 3-303, § 3-304, or §§ 3-307 through 3-310 of this subtitle, or § 3-305, § 3-306, § 3-311, or § 3-312 of this subtitle as the sections existed before October 1, 2017.

Credits

Added as Criminal Law § 3-313 by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Renumbered as Criminal Law § 3-314 by Acts 2002, c. 266, § 1, eff. Oct. 1, 2002. Amended by Acts 2003, c. 53, § 4, eff. July 1, 2003; Acts 2007, c. 8, § 1, eff. Oct. 1, 2007; Acts 2007, c. 458, § 1, eff. Oct. 1, 2007; Acts 2016, c. 629, § 1, eff. Oct. 1, 2016; Acts 2017, c. 62, §§ 1 and 6, eff. April 11, 2017; Acts 2017, c. 161, § 1, eff. Oct. 1, 2017; Acts 2017, c. 162, § 1, eff. Oct. 1, 2017; Acts 2018, c. 500, § 1, eff. Oct. 1, 2018.
Formerly Art. 27, § 464G.
MD Code, Criminal Law, § 3-314, MD CRIM LAW § 3-314
Current through all legislation from the 2020 Regular Session of the General Assembly.
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