Maryland Sex Crime Laws

Maryland’s sex offense statutes sit mainly in the Criminal Law Article, and they are graded by degree, by the age and capacity of the alleged victim, and by the presence of specific aggravating facts. The difference between one statute and the next is often a single element, and that element can move a maximum from a year to life. This overview groups the main Maryland sex crime statutes by family and states what each requires the State to prove. Registration consequences are set out on the Maryland sex offender laws page.

One point of accuracy comes first. Criminal Law Article §§ 3-305 and 3-306 were repealed. They are referenced in current statutes only as they existed before October 1, 2017, so they are not a source of current Maryland law. An older summary citing them as live provisions is out of date. Request a consultation with Law Offices Of SRIS, P.C. at (888) 437-7747.

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The Rape and Sexual Offense Degrees

Criminal Law Article § 3-303 defines rape in the first degree. It requires force or threat of force without consent, plus an aggravator: a dangerous weapon; suffocation, strangulation, disfigurement or serious physical injury; a threat of imminent death or kidnapping; aiding and abetting; or commission in connection with a burglary. It is a felony carrying up to life.

Criminal Law Article § 3-304 defines rape in the second degree. It can rest on an act without consent; on a victim who is substantially cognitively impaired, mentally incapacitated or physically helpless where the actor knows or reasonably should know that; or on a victim under 14 where the actor is at least 4 years older. It is a felony carrying up to 20 years.

Criminal Law Article § 3-307 defines the sexual offense in the third degree, a felony carrying up to 10 years. Criminal Law Article § 3-308 defines the sexual offense in the fourth degree, a misdemeanor carrying up to 1 year or a $1,000 fine. The former third and fourth degree rape provisions at §§ 3-305 and 3-306 are repealed and supply no additional charging option. A summary built on those provisions describes a scheme Maryland no longer uses.

Offenses Involving Children

Criminal Law Article § 3-602 covers sexual abuse of a minor. It is a felony carrying up to 25 years, and the charging document is read against its elements before anything else is assessed. That maximum sits well above the misdemeanor grades elsewhere in the Article.

Criminal Law Article § 3-315 covers a continuing course of conduct with a child. It requires three or more acts over a period of 90 days or more with a victim under 14, and it is a felony carrying up to 30 years. Because the statute is built on a pattern rather than a single incident, the alleged dates and the number of alleged acts are elements in their own right, and they are points the defense examines closely.

Criminal Law Article § 3-324 covers sexual solicitation of a minor. A first offense is a felony carrying up to 10 years or $25,000, and a second or subsequent offense carries up to 20 years or $50,000. It is a tier II registration offense. Age-based elements run through this family of statutes, including the under-14 and 4-year age gap structure in § 3-304, which is why alleged ages are checked against the specific statute charged.

Imagery, Surveillance, Trafficking, and Prostitution-Related Offenses

Criminal Law Article § 11-207 covers child pornography. A first violation is a felony carrying up to 10 years or $25,000, and a subsequent violation carries up to 20 years or $50,000. Criminal Law Article § 11-208 covers possession or access of child sexual abuse material involving a child under 16. It is a misdemeanor carrying up to 5 years or $2,500, and it becomes a felony carrying up to 10 years or $10,000 for a person previously convicted under the section.

Criminal Law Article § 3-809 covers nonconsensual distribution of intimate images, a misdemeanor carrying up to 2 years or $5,000. The section was amended effective July 1, 2025 by 2025 Md. Laws ch. 219 to cover computer-generated images that are indistinguishable from the person depicted and to add a civil cause of action. The statute no longer turns on whether the image is a photograph of the person.

Criminal Law Article § 3-902 covers visual surveillance with prurient intent, a misdemeanor carrying up to 1 year or $2,500. Criminal Law Article § 3-1102 covers sex trafficking: the base offense is a misdemeanor carrying up to 10 years or $5,000, and the aggravated form in subsection (b) is a felony carrying up to 25 years or $15,000.

Frequently Asked Questions

What separates first from second degree rape?

Criminal Law Article § 3-303 requires force or threat of force without consent plus an aggravator: a dangerous weapon, suffocation or strangulation, disfigurement or serious physical injury, a threat of imminent death or kidnapping, aiding and abetting, or a burglary connection. It is a felony carrying up to life. Criminal Law Article § 3-304 carries up to 20 years.

Are third and fourth degree rape still charged?

No. Criminal Law Article §§ 3-305 and 3-306 were repealed, and current statutes reference them only as they existed before October 1, 2017. What remains are the sexual offense degrees: § 3-307, a felony carrying up to 10 years, and § 3-308, a misdemeanor carrying up to 1 year or a $1,000 fine.

What does the continuing course of conduct statute require?

Criminal Law Article § 3-315 requires three or more acts over a period of 90 days or more with a victim under 14. It is a felony carrying up to 30 years. Because the statute is defined by a pattern, the alleged dates and the number of alleged acts are elements the State has to establish, and each is open to challenge.

Does Maryland law reach computer-generated intimate images?

Yes. Criminal Law Article § 3-809, nonconsensual distribution of intimate images, was amended effective July 1, 2025 by 2025 Md. Laws ch. 219. The amendment covers computer-generated images that are indistinguishable from the person depicted and adds a civil cause of action. The offense remains a misdemeanor carrying up to 2 years or $5,000. An image need not be a photograph.

How is child sexual abuse material graded?

Criminal Law Article § 11-208 addresses possession or access of child sexual abuse material involving a child under 16, a misdemeanor carrying up to 5 years or $2,500. It becomes a felony carrying up to 10 years or $10,000 for a person previously convicted under the section. Criminal Law Article § 11-207 is a felony from the first violation.

What are the sex trafficking penalties in Maryland?

Criminal Law Article § 3-1102 sets a base offense that is a misdemeanor carrying up to 10 years or $5,000. The aggravated form in subsection (b) is a felony carrying up to 25 years or $15,000. The grading turns on which subsection the State charges, so the charging document determines the exposure you face.

Do the age thresholds differ by statute?

They do. Criminal Law Article § 3-304 can rest on a victim under 14 with an actor at least 4 years older. Criminal Law Article § 3-315 requires a victim under 14. Criminal Law Article § 11-208 is framed around a child under 16. Because the thresholds are not uniform, alleged ages are read against the specific statute charged.

Do these convictions carry registration consequences?

Some do, and the answer can depend on the subsection. The tier definitions are in Criminal Procedure Article § 11-701, and the reporting frequency and term are in Criminal Procedure Article § 11-707. Those provisions are covered on the Maryland sex offender laws page, because tier assignment is a separate analysis from the elements.

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor and is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. He founded the firm in 1997, and the firm’s other attorneys serve as Of Counsel. Maryland sex offense matters are handled by Mr. Sris and the firm’s Of Counsel attorneys, who read each charge against the statute the State has selected, because the elements of that statute set the terms of the case. The firm concentrates in criminal defense and maintains 24/7 phone intake. Request a consultation with Law Offices Of SRIS, P.C. at (888) 437-7747.

This page provides general information and does not create an attorney-client relationship. Case results depend on a variety of factors unique to each case. Results may vary.

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