Maryland Violent Crimes: Sexual Offense In The 3rd/4th Degrees

Sex-related offenses represent some of the most serious violent crimes under Maryland law. Within this domain, rape cases are treated with the most severity. But equally serious are sexual offense in the third and fourth degrees, which can result in confinement as well as criminal fines.

Laws Against Sexual Offense in the Third Degree

Maryland Code of Criminal Law Section 3-307 provides the laws against sexual offense in the third degree. There are several versions of this offense in Maryland.

One version of this offense prohibits any person from engaging in sexual contact without consent and also:

• Employ or display a dangerous weapon;
• Employ or display an object the victim reasonably believes to be a dangerous weapon;
• Strangle, suffocate, disfigure, or inflict serious harm to the victim;
• Threaten the victim with kidnapping, strangulation, suffocation, disfigurement, serious physical injury, or death; or
• Commit the offense with the assistance of another person.

Another version of sexual offense in the third degree prohibits any person from:

• Engaging in sexual contact with a victim who is mentally or physically impaired or helpless; and
• Knowing or having a reason to know that the victim is mentally or physically impaired or helpless.

Yet another version of this offense prohibits sexual contact with victims under the age of 14 years old, if the perpetrator is at least four years older than the victim.

Finally, sexual offense in the third degree prohibits sexual acts and vaginal intercourse if:

• The victim is 14 or 15 years old; and
• The perpetrator is at least 21 years old.

Penalties for Sexual Offense in the Third Degree

Section 3-307 also furnishes the Maryland penalty for sexual offense in the third degree. This offense is charged as a felony and punishable by criminal fines and imprisonment for a maximum of 10 years.

Laws Against Sexual Offense in the Fourth Degree

Maryland Code of Criminal Law Section 3-308 establishes the laws against sexual offense in the fourth degree. There are several versions of this offense in Maryland.

One version of this offense prohibits any person from engaging in sexual contact without consent.

Another version of sexual offense in the fourth degree prohibits sexual acts and vaginal intercourse if:

• The victim is 14 or 15 years old; and
• The perpetrator is at least four years older than the victim.

Yet another version of this offense prohibits sexual acts and vaginal intercourse if:

• The perpetrator holds a position over the victim; and
• The victim is a student enrolled at a school where the perpetrator holds such a position of authority.

Penalties for Sexual Offense in the Fourth Degree

Section 3-308 also details the Maryland penalty for sexual offense in the fourth degree. Ordinarily, this offense is charged as a misdemeanor and punishable by criminal fines up to $1,000 and imprisonment for a maximum of one year.

That being said, there is a separate punishment for repeat offenders. In these cases, sexual offense in the fourth degree remains a misdemeanor. But the potential punishment increases to criminal fines up to $1,000 and imprisonment for a maximum of three years.

Do You Need Legal Help?

If you need legal assistance with charges for a violent crime in Maryland, it can be greatly beneficial to contact a trusted Bel Air violent crime attorney. The attorneys at Schlaich & Thompson, Chartered have more than 60 years of combined legal experience in criminal and family law, including violent crimes. If you need legal help, contact us today for an initial consultation.

SOURCES:

mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcr&section=3-307&enactments=false

mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcr&section=3-308&enactments=False&archived=False