Today we are going to review the basic type of sex offenses in Maryland. The first thing we want to do is go over something that’s basic – and it’s an element in some form of every single type of sex offenses and that is the different types of sexual acts that can occur. The law distinguishes between three different types.

  • The first is vaginal intercourse
  • Then there is what’s called a sexual act. And that is essentially any penetrative sexual conduct. It can be with a body part or with an object, but any penetrative sexual conduct is a sexual act. Now, while the law technically distinguishes between vaginal intercourse and sexual acts, they’re actually treated exactly the same by the law. So for our purposes today, we are going to refer to sexual acts, and when we say that, just know that we are including vaginal intercourse, whereas the law doesn’t actually do that.
  • The other kind of sexual conduct is sexual contact, and that is any kind of touching of the person of another for the purposes of sexual gratification. It can be touching an inherently sexual body part, but it doesn’t have to be. What’s important is that it’s the touching for the sexual gratification of the person who’s doing the touching.

So for today’s purposes, there’s sexual acts, which are penetrative in nature, while sexual contact is not.

Sex Offense in the Fourth (4th) Degree in Maryland

So the least serious form of a sex events is sex offense the fourth degree. And there are several different ways that a sex event in the fourth degree can be committed. The first is what you think of as statutory rape. So it doesn’t matter whether or not the sexual act in this case is consensual or not. What matters are the ages of the people involved. If the victim is 14 or 15 years old and the defendant is at least four years older than the victim, and there is some sexual act between the two of them – consent does not matter in that case. And so that is a fourth degree sex offense. Another type of essentially statutory rape is a situation where the defendant is in a position of authority over the victim. The victim must be a minor and the person in a position of authority when they say position of authority, they’re referring to explicitly with the schools – so, for example –  a teacher, principal, or some other kind of administrator. All of those would qualify as fourth degree sex offense.

Finally, a non-consensual sexual contact is a fourth degree sex offense. So not a sexual act, but sexual contact. So if there’s a non-consensual sexual contact, that is a fourth degree sex offense. Sex events in the fourth degree is the only one of the sex offenses that is a misdemeanor and it carries a maximum penalty of up to  1 year in prison.

Sex Offense in the Third (3rd) Degree

Next is a sex offense in the third degree. So the first way that sex offenses in the third degree can occur is if the victim is under 14 years old and there is any kind of sexual contact by a defendant who is more than four years older. Furthermore, if the victim is under 14 and the defendant is 21 or older – and there’s a sexual act, that’s also a sex offense In the third degree.

If there is sexual contact between a defendant and a victim who is either mentally or physically disabled, (that disability can be temporary due to drugs or alcohol, or it could be permanent) but it’s got to be some disability, that means that the victim does not have the ability to consent. So sexual contact between a person who is physically or mentally disabled is a sex offense in the third degree.

Finally, if there is non-consensual sexual contact involving force or threat of force – and that force or threat of force has to involve the use of either a weapon or the threat of deadly force or serious bodily harm – that is a sex offense in the third degree. Third degree sex offenses are felonies and they carry a maximum penalty of 10 years in prison.

Rape in the Second (2nd) Degree

First degree and second degree sex offenses are actually considered rape. So the next one is rape in the second degree. And there’s three different ways that this can happen. The first is if there is a sexual act with a victim who is under 14 years old and a defendant who is at least four years older, that would be a second degree rape. Next, if there is sexual act with a victim who is physically or mentally disabled (just like we talked about with the third degree sex offense), then that is a rape in the second degree. Finally, if there is non-consensual sexual contact with a victim by use of force or threat of force, that is a rape in the second degree. Second degree rape typically carries a maximum penalty of 20 years in prison. However, if the victim is under 13 years of age, then it carries a mandatory minimum penalty of 15 years in prison and it can carry a maximum penalty of life.

Rape in the First (1st) Degree

Finally, the most serious of the sex offenses is rape in the first degree. And rape in the first degree can again be defined in a number of different ways. What it essentially is, is any kind of non-consensual sexual act with some kind of aggravating factor. So those aggravating factors can be that there’s a threat or use of actual force involving a weapon and serious bodily injury or threat of death.  The next is if the first degree rape the sexual, non-consensual sexual act takes place in the context of a kidnapping. And finally, is if it takes place in the context of a home invasion, all of those would be rape in the first degree, which is the most serious of the sexual offenses. Rape in the first degree carries a maximum penalty of life in prison. There are a number of aggravating factors that could actually make that penalty even worse.

  • If there is a victim who’s under 16 years of age and the rape takes place in connection with a kidnapping, then it’s life in prison with no parole
  • If the defendant has a prior conviction for first degree rape, then there is no parole
  • Finally, if the victim is under 13 years of age, then there’s a maximum penalty of life with no parole and a minimum penalty is a mandatory minimum of 25 years in prison

So those are all the different sex offenses, and I know that that was a lot of information to take in, but every sex offense can be broken down a number of different ways, and there’s a number of different defenses to each sex offense depending on what exactly you’re charged with.

Help from an Experience Sex Offense Attorney in Maryland

If you have been charged with the sex offense you need the help of an experienced attorney who can help you. Sex offenses can be very complicated crimes. You could be facing felony charges that can dramatically impact your life and your freedom. We’re here to help.