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§ 3-308. Sexual offense in the fourth degree

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, § 3-308
Formerly cited as MD CODE Art. 27, § 464C
§ 3-308. Sexual offense in the fourth degree
“Person in a position of authority” defined
(a) In this section, “person in a position of authority”:
(1) means a person who:
(i) is at least 21 years old;
(ii) is employed by or under contract with a public or private preschool, elementary school, or secondary school; and
(iii) because of the person's position or occupation, exercises supervision over a minor who attends the school; and
(2) includes a principal, vice principal, teacher, coach, or school counselor at a public or private preschool, elementary school, or secondary school.
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, is a student enrolled at a school where the person in a position of authority is employed.
(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, is a student enrolled at a school where the person in a position of authority is employed.
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 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.

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.
Formerly Art. 27, § 464C.

Editors' Notes

LEGISLATIVE NOTES
Revisor's Note (Acts 2002, c. 26):
This section is new language derived without substantive change from former Art. 27, § 464C.
In this section and throughout this subtitle, the reference to “against the will” is deleted as included in the reference to “without the consent”. The Court of Appeals has determined that “against the will” and “without the consent” are synonymous in the law of rape. See, e.g., State v. Rusk, 289 Md. 230 (1981).
In subsection (a)(2) and (3) of this section, references to the “victim” are substituted for the former references to “another person” and the “other person” for clarity and consistency within this subtitle.
Defined terms: “Person” § 1-101
“Sexual act” § 3-301
“Sexual contact” § 3-301
“Vaginal intercourse” § 3-301
HISTORICAL AND STATUTORY NOTES
2004 Legislation
Acts 2004, c. 217, § 1, redesignated former subsec. (b) as subsec. (b)(1); in subsec. (b)(1), inserted the exception for subsec. (b)(2); and added subsec. (b)(2).
2006 Legislation
Acts 2006, c. 317, § 1, inserted new subsec. (a), defining “person in a position of authority”; redesignated former subsec. (a) as subsec. (b); inserted new subsec. (c), relating to persons in a position of authority; and redesignated former subsec. (b) as subsec. (d).
2011 Legislation
Acts 2011, c. 192, § 1, and Acts 2011, c. 193, § 1, repealed and reenacted the section without amendment.
2014 Legislation
Acts 2014, c. 170, § 1, in subsec. (a)(1)(ii), substituted “employed by or under contract with a public or private preschool” for “employed by a public or private preschool”; and in subsec. (a)(2), inserted “coach,”.
2017 Legislation
Acts 2017, c. 161, § 1, and Acts 2017, c. 162, § 1, in (d)(2)(i), substituted “§§ 3-303 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 ” for “§§ 3-303 through 3-312 or § 3-315 of this subtitle or § 3-602 of this title” .
Derivation:
Former Art. 27, § 464C, related to sexual offense in the fourth degree, repealed by Acts 2002, c. 26, § 1.
MD Code, Criminal Law, § 3-308, MD CRIM LAW § 3-308
Current through legislation effective April 18, 2019, from the 2019 Regular Session of the General Assembly.
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