A fourth-degree sexual offense in Maryland is a misdemeanor under Md. Code, Crim. Law § 3-308, but carries serious penalties including up to 1 year in jail and sex offender registration. If you are charged, you need a Maryland Sexual Offense In The Fourth Degree Lawyer from Law Offices Of SRIS, P.C. Our firm has documented results defending these charges across the state.
What Is a Fourth-Degree Sexual Offense in Maryland?
Maryland law defines a sexual offense in the fourth degree under Md. Code, Crim. Law § 3-308. This statute covers unwanted sexual contact that does not involve penetration or serious physical injury. Common allegations include touching an intimate area of another person’s body without consent, or sexual contact with a person who is mentally incapacitated, physically helpless, or under the age of 14 when the accused is at least 4 years older.
Last verified: April 2026 | Maryland Courts | Maryland General Assembly
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. has over 120 years of combined attorney experience handling sensitive criminal matters.
Official Legal Resources
For the exact legal language, refer to the official Maryland statute (Crim. Law § 3-308). Court procedures and filing information can be found on the Maryland Judiciary website.
Defending a Fourth-Degree Sexual Offense Charge
Defense strategy hinges on the specific facts. A common defense is lack of criminal intent or mistaken identity. In some cases, contact may have been accidental or consensual. An experienced sex crime attorney will scrutinize the prosecution’s evidence, including witness statements and any digital evidence.
- Contact a lawyer immediately after arrest or receiving a summons.
- Your attorney will obtain and review all police reports and charging documents.
- A defense strategy is developed, which may involve filing pre-trial motions.
- Your lawyer will engage in negotiations with the State’s Attorney’s Office.
- If no plea agreement is reached, your case will proceed to a bench or jury trial.
Penalties for a Fourth-Degree Sexual Offense Conviction
In Maryland, a conviction for sexual offense in the fourth degree is punishable by up to 1 year in jail and a fine of up to $1,000.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Sexual Offense in the Fourth Degree | Misdemeanor | Up to 1 year | Up to $1,000 | None | Sex Offender Registration (Tier I), Permanent Criminal Record |
Results may vary. Prior results do not aim for a similar outcome.
Our Experience with Maryland Sex Crime Cases
Law Offices Of SRIS, P.C. was founded in 1997. Our team has a combined 120+ years of legal experience. We understand the high stakes of a sex crime accusation and provide a strong, confidential defense. Our sex charges lawyer approach focuses on protecting your rights and future from the initial consultation through case resolution.
Case Results in Maryland
Our firm has achieved favorable outcomes in sex crime cases across Maryland. For example, in Baltimore County, we secured a Nolle Prosequi (dismissal) for a client charged with promoting/distributing child pornography. In another Baltimore County case, a client facing a child pornography possession charge received a sentence of 5 years of incarceration with all time suspended and 5 years of supervised probation.
Results may vary. Prior results do not aim for a similar outcome.
Contact Our Maryland Sex Crime Defense Lawyers
Our Rockville location is centrally located for clients across Maryland. We serve individuals in communities throughout the state. If you need a sexual offense defense lawyer near Maryland courts, we are available for consultations.
Law Offices Of SRIS, P.C.
199 E. Montgomery Ave, Suite 100, Room 211
Rockville, MD 20850
Toll-Free: (888) 437-7747 | Local: (888)-437-7747 | Local: (301) 363-4040
By appointment only.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Frequently Asked Questions
Is a fourth-degree sexual offense a felony in Maryland?
No. Sexual offense in the fourth degree is classified as a misdemeanor under Maryland law. However, a conviction still carries the potential for jail time and mandatory sex offender registration.
Do I have to register as a sex offender if convicted?
It depends. A conviction under § 3-308 typically requires registration as a Tier I sex offender in Maryland. Registration lasts for 15 years. A skilled Maryland Sexual Offense In The Fourth Degree Lawyer may be able to negotiate a plea or result that avoids this requirement.
What is the difference between 3rd and 4th-degree sexual offense?
The main differences are the age of the victim and the type of contact. Fourth-degree often involves victims aged 14 or 15 with an age difference, or non-consensual sexual contact with an adult. Third-degree involves more specific scenarios, like sexual contact with a minor under 14.
Can these charges be expunged in Maryland?
It depends on the final disposition of your case. If the charges are dismissed or you are found not guilty, you are generally eligible for expungement. A conviction for a fourth-degree sexual offense is not eligible for expungement under current Maryland law.
Should I talk to the police without a lawyer?
No. You have the right to remain silent and the right to an attorney. Politely decline to answer questions and request to speak with a sex crime defense lawyer immediately. Anything you say can be used against you.
A sexual offense in the fourth degree charge is one part of a wider defense practice, and our page on sex crimes lawyer Maryland covers how these cases are handled from start to finish.