2nd Degree Sex Offense In Maryland Montgomery Attorneys
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The categorization of sex crimes is vast and difficult in the state of Maryland. Sex offenses are separated into four sections of sex offenses.
Present day laws of Maryland use phrases such as “sexual crimes” and “sexual assaults” to refer to unconsented sexual acts that do not include vaginal intercourse, instead of the term “rape”.
The four sexual offenses are categorized based on the seriousness of the sex crimes, with the first degree being the most serious and the fourth degree being the least serious.
A 2nd-degree sex offense includes the below mentioned actions:
- Engaging in an unconsented sexual act with another person.
- The usage of force and threat to make someone engage in a sexual act.
- The sexual act with either a mentally defective, a mentally incapacitated or a physically helpless person, including a person under the influence of drugs or alcohol, an unconscious person, or a disabled person and the sex offender is aware of the victims state.
- The victim is under the age of 14 and the sex offender is of at least four years older than him or her.
A person who violates any of the sex crimes mentioned above is guilty of the felony and unlike the penalty of the 1st-degree sex offense, which is a minimum of 25 years with parole, to up to a lifetime in prison. The defendant will face the penalty of the 2nd-degree sex offense, including an attempt, is 20 years at most of the jail time. However, if a child under the age of 13 is sexually assaulted, his or her sex offender, if 18 years of age or over, will face a punishment of at least 15 years of jail time to a lifetime in jail. The court of Maryland will not be able to alternate any part of the specific jail time of the obligatory punishment of a period not less than 15 years. The court will not be able to grant parole to the sex offender during the specific obligatory punishment period and if the state fails to do so and pursue a sentence of jail time for not less than 15 years, the state of Maryland should notify in writing to the defendant before no less than 30 days before the hearing.
In addition, a person who commits a 2nd-degree sex offense or any of the four divisions of the sex offense is required, by the court of the state of Maryland, to register as a sex offender from anywhere starting from not less than 15 years to a lifetime.
Nevertheless, a person being on a sex offender register will affect where the sex offender may be able to reside and the career of the person. The registered period depends on the seriousness of the sex crime committed. Sex crimes are some of the most undeniably serious cases, a defense attorney should always be contacted and hired to reduce the charges or work out a plea bargain.
If you need a Maryland sex offense lawyer to help you with your sex offense case in Maryland, call us at 888-437-7747. Our Maryland sex offense attorneys can help you. C