Age of Consent Maryland

Maryland law does not answer the age of consent question with a single number in a single statute. What the Criminal Law Article contains instead is a set of age-based provisions in which the age of the younger person, the age of the older person, and the gap between them determine which section applies and how an offense is graded. Those provisions reach conduct involving a person under 16, and they draw their lines at different points: a victim under 14 with an actor at least 4 years older, a victim who is 14 or 15 with an actor at least 21, and a victim who is 14 or 15 with an actor at least 4 years older. The section that applies changes the classification of the charge and its stated maximum penalty, which is why one number cannot describe Maryland law. If you are trying to understand how these sections apply to a specific set of facts, Law Offices Of SRIS, P.C. can be reached at (888) 437-7747.

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How Maryland’s Age-Based Sections Are Structured

Each of these provisions pairs an age for the younger person with a condition about the older person.

Md. Code, Crim. Law § 3-304, rape in the second degree, includes vaginal intercourse or a sexual act where the victim is under 14 and the actor is at least 4 years older. It is a felony carrying imprisonment not exceeding 20 years.

Md. Code, Crim. Law § 3-307, sexual offense in the third degree, includes sexual contact with a victim under 14 where the actor is at least 4 years older. The same section also includes a sexual act or vaginal intercourse with a victim who is 14 or 15 where the actor is at least 21. It is a felony carrying imprisonment not exceeding 10 years.

Md. Code, Crim. Law § 3-308, sexual offense in the fourth degree, includes a sexual act or vaginal intercourse with a victim who is 14 or 15 where the actor is at least 4 years older. It is a misdemeanor punishable by up to 1 year or a $1,000 fine, enhanced to 3 years for a defendant with specified priors.

Md. Code, Crim. Law § 3-602 addresses sexual abuse of a minor and is a felony carrying imprisonment not exceeding 25 years.

Why the Ages of Both People Change the Answer

Two variables move an allegation between sections: the age of the younger person and how the two ages relate. Where the younger person is under 14, both § 3-304 and § 3-307 use a threshold of at least 4 years older, and the section that applies depends on whether the conduct alleged is sexual contact or a sexual act or vaginal intercourse. Where the younger person is 14 or 15, the code takes a different route: § 3-307 reaches an actor who is at least 21, while § 3-308 reaches an actor who is at least 4 years older.

The consequence is that the age of the older person can decide the grading. An allegation involving a person who is 14 or 15 may sit under a felony section or a misdemeanor section depending on where the older person’s age falls relative to those thresholds.

Anyone reading older material should also know that §§ 3-305 and 3-306 were repealed. Current statutes reference them only as they existed before October 1, 2017, and they are not current charging authority.

A conviction can also raise a separate registration question. Md. Code, Crim. Proc. § 11-701 sets out tier I, tier II, and tier III classifications, and Md. Code, Crim. Proc. § 11-704 identifies the persons required to register.

Frequently Asked Questions

Is there a single age of consent in Maryland?

The sections discussed here do not state one. They set out age-based provisions instead, and each pairs an age for the younger person with a condition about the older person. Because those combinations differ from section to section, a single number cannot describe what the statutes do. The workable question is which section a given set of facts falls under, and answering that requires both ages.

What does Md. Code, Crim. Law § 3-304 cover?

It defines rape in the second degree. Among other things, it includes vaginal intercourse or a sexual act where the victim is under 14 and the actor is at least 4 years older. It is a felony carrying imprisonment not exceeding 20 years. Both halves of that age condition matter, the age of the younger person and the size of the gap.

What does Md. Code, Crim. Law § 3-307 cover?

It defines sexual offense in the third degree. It includes sexual contact with a victim under 14 where the actor is at least 4 years older, and it also includes a sexual act or vaginal intercourse with a victim who is 14 or 15 where the actor is at least 21. It is a felony carrying imprisonment not exceeding 10 years.

What does Md. Code, Crim. Law § 3-308 cover?

It defines sexual offense in the fourth degree. It includes a sexual act or vaginal intercourse with a victim who is 14 or 15 where the actor is at least 4 years older. It is a misdemeanor punishable by up to 1 year or a $1,000 fine, enhanced to 3 years for a defendant with specified priors. It reaches the same age band that § 3-307 reaches by its at least 21 route.

Does a small age gap mean the conduct was lawful?

Not on its own. An age gap below a threshold can mean that the section built around that threshold does not apply to the facts, but other sections use different combinations of ages and different conduct categories. Whether any section reaches a given situation depends on the whole set of facts rather than the gap alone. Treat the gap as one factor.

What is Md. Code, Crim. Law § 3-602?

It addresses sexual abuse of a minor. It is a felony carrying imprisonment not exceeding 25 years, which is the highest stated maximum among the sections described on this page. It is a separate section from the age-based provisions in §§ 3-304, 3-307, and 3-308, and it can be relevant alongside those sections rather than instead of them. The distinction matters when several sections are charged together.

Are Md. Code, Crim. Law §§ 3-305 and 3-306 still in force?

No. Both were repealed, and current Maryland statutes reference them only as they existed before October 1, 2017. Older articles, forum posts, and summaries that treat them as live law describe a version of the code that no longer operates. If a source you are relying on cites either section as present law, that is a strong signal it has not been updated.

Does a conviction under these sections mean registration?

Registration is governed by a different article. Md. Code, Crim. Proc. § 11-704 identifies the persons required to register, and Md. Code, Crim. Proc. § 11-701 sets out the tier I, tier II, and tier III classifications. Because those provisions operate separately from the charging sections, the registration question has to be worked through on its own facts rather than assumed from the charge.

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. The firm was founded in 1997 and concentrates in criminal defense. Mr. Sris and the firm’s Of Counsel attorneys work age-based allegations by first fixing the ages and dates in the record, then identifying which section those facts actually engage, because the difference between sections here is the difference between a misdemeanor and a felony. The firm operates a 24/7 phone intake, and it does not guarantee outcomes in any matter. Request a consultation.

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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