Maryland Abuse Laws Montgomery Howard Baltimore County

The Maryland Code covers various forms of abuse: child abuse / neglect (Code 3-601; 3-602.1), sexual abuse of a minor (Code 3-602), sale of a minor (Code 3-603), abuse / neglect of a vulnerable adult(Code 3-604; 3-605) and Turbidity (Code 3-607). With the exception of hazing, abuse is punishable by fines of between five and 40 years, depending on the specific offense and the circumstances in which it is committed. If you have been charged with any of these abusive offenses, you should contact an abuse lawyer in Maryland, who has experience handling similar criminal cases in the Maryland courts.

Maryland Child abuse, negligence of minor sections 3-601; 3-602.1

Child mistreatment is divided into two grades: first degree child maltreatment and second degree child maltreatment. Child abuse of the first degree is characterized by the fact that the abuse in addition to the child abuse leads to a serious injury of the minor or death.

Code 3-601 (b) (1).

Maryland First Degree Child Maltreatment Code 3-601 (b): To be guilty of child abuse, three main elements must be fulfilled. First, the person who commits the child abuse must be:

• A family member (related by blood, adoption or marriage)
• A household member (a person living with the minor or who is regularly present in the minors home)
• A person with permanent or temporary custody, care or responsibility for the supervision of the minor.

Second, the person must maltreat the minor as defined in Code 3-601 (a) (2) as:

• Cruel or inhumane treatment or malicious action;
• Which leads to physical injuries;
• Indicates a threat or harm to the health or well-being of the minor.

Third, the maltreatment must result in “serious injury” or death if the serious injury is defined in section 3-601 (a) (5) as follows:

• Brain injury or bleeding in the skull (eg concussion)
• Any other assault that Exposes the minor to a significant risk of death
• Causes permanent or severe permanent disfigurement, impairment of bodily functions or loss of function in a part of the body.

If a person meets these three requirements, she is guilty of a Maryland first-degree child maltreatment crime.

Code 3-601 (b) (2).

If the child abuse resulted in the death of the minor, the person faces a criminal conviction with a prison sentence of up to 40 years. Section 3-601 (b) (2) (ii).
If the child maltreatment has not led to the death of the minor, the person faces a criminal conviction with a prison sentence of up to 25 years. Section 3-601 (b) (2) (i).

Maryland Child Abuse of the Second Degree, Section 3-601 (d)

This crime has two elements that must be satisfied.
First, the person committing the crime must be a family member (which includes the parents), a household member or a person who is temporarily or permanently detained, cared for or responsible for the minor. Section 3-601 (d) (1).
Second, the person must abuse the minor as defined in Section 3-601 (a) (2) as: Cruel or inhumane treatment or malicious action; Which leads to physical injuries; Indicates a threat or harm to the health or well-being of the minor. A person meeting these two criteria is guilty of second-degree child abuse crime punishable by imprisonment of up to 15 years. Section 3-601 (d) (2).

Maryland Repeat Offenders

Maryland Laws Section 3-601 (c) Any person previously convicted of child molestation and guilty of child abuse (first or second degree) will face a criminal sentence of up to 25 years imprisonment.
Maryland Laws Section 3-601 (c) (1). However, if the child maltreatment led to the death of the minor, the person threatened with a criminal conviction with a prison sentence of up to 40 years. Maryland Laws Section 3-601 (c) (2).
Finally, it should be noted that the penalties resulting from the conviction for this crime can be imposed either (1) separately from and as a result of penalties for any crime resulting from the same act that has violated this section, or (2) simultaneously with a penalty for each offense resulting from the same act. Maryland Laws Section 3-601 (e). This means that it is possible to serve sentences from the two crimes (eg child molestation and murder offenses) at the same time or to serve sentences one after the other.

Maryland Neglect of Minor Child – Maryland Laws section 3-602.1

The crime of neglecting a minor has two elements that must be met for a person to be guilty.
First, according to section 3-602.1 (b), the person committing the offense must be: A family member (related by blood, adoption or marriage) A household member (a person living with the minor or who is regularly present in the minors home) A person with permanent or temporary custody, care or responsibility for the supervision of the minor.

The second element requires the offender to “neglect” the minor, with neglect defined in Code 3-602.1 (a) (5) as:

1. 1. 1. intentional
      2. failure to provide the minors with the necessary resources or support for the body or Mental Health of the Minor
      3. which seriously endangers the victim, harms the victim’s physical health, or seriously jeopardizes the victim’s mental injury.

Mental injuries are also specifically defined to refer to the significant impairment of the victim’s psychological or mental functioning. Section 3-602.1 (a) (4).
However, the term “neglect” used in this section does not include a failure to provide the necessary resources or care required due to lack of financial resources or homelessness. Maryland Laws Section 3-602.1 (a) (5) (ii).
If a person is guilty of neglecting a minor, the guilty party may face a conviction for an offense of up to five years imprisonment and / or a fine of up to $ 5,000. Maryland Laws Code 3-602.1 (c).

Maryland Sexual Abuse of Minors: Section 3-602

Maryland Sexual abuse of a minor has two essential elements that must be met for a person to be guilty of the crime.
First, the person committing the crime must be a family member, a household member, or a person who has custody, caring, or responsibility for monitoring the minor, on a temporary or permanent basis. Section 3-602 (b). These are the same requirements for the first element of child abuse, with the same definitions for family and household members.
Second, the person must inflict sexual abuse on the victim, with sexual abuse within the meaning of Maryland Code 3-602 (a) (4) (i) being any act, regardless of whether the victim suffers physical injuries involving sexual exploitation or harassment.
In particular, sexual abuse is defined in Section 3-602 (a) (4) (ii) to include: First, the person must inflict sexual violence on the victim, with sexual abuse within the meaning of Maryland Code 3-602 (a) (4) (i) being any act, regardless of whether the victim suffers physical injuries involving sexual exploitation or harassment. Second, the person must inflict sexual abuse on the victim, with sexual abuse within the meaning of Maryland Laws Section 3-602 (a) (4) (i) being any act, regardless of whether the victim suffers physical injuries involving sexual exploitation or harassment. Third, the person must inflict sexual violence on the victim, with sexual abuse within the meaning of Maryland Laws Section 3-602 (a) (4) (i) being any act, regardless of whether the victim suffers physical injuries involving sexual exploitation or harassment.
Maryland Sexual Violence to any degree meaning any unnatural or perverted sexual practices:
If an individual is guilty of sexual violence of a minor, the individual faces a criminal sentence of up to 25 years imprisonment. Maryland Laws Section 3-602 (c). Sale of a minor:
Maryland Laws Section 3-603 The crime of selling a minor falls under Maryland Statute Subtitle 6, although it does not explicitly include abuse.
A person is guilty of selling a minor if the person (1) buys, sells or trades a minor or merely offers to do so (2) and receives property, money or something of value for it. Section 3-603 (a). If a person is guilty of this crime, they will be convicted of an offense for up to five years imprisonment and / or a fine of up to $ 10,000 for any violation of this section. Maryland Laws Section 3-603 (b).
Under the laws of the state of Maryland, it is also possible to maltreat or neglect a vulnerable adult. This crime is divided into two levels: Abuse or neglect of a vulnerable adult in the first degree (Section 3-604) and maltreat or neglect a vulnerable adult in the second degree (Section 3-605).
The difference between the two is that abusing or neglecting a vulnerable adult of the first degree may result in serious bodily injury or death, or sexual abuse of the victim.
Maryland Abuse / neglect of a vulnerable first-degree adult: Maryland Laws Section 3-604
There are various elements of this crime that need to be satisfied in order to establish the guilt.
First, the person who commits the crime must either

1. 1. Be a caregiver (someone who must provide care for a vulnerable adult by a contractual agreement)
   2. A family member (related to the vulnerable adult by blood, marriage, adoption, or marriage of a child)
   3. A household member (a person who lives with the vulnerable adult or who is regularly present in the victim’s home)

Any person who has permanent or temporary care or supervision for the vulnerable adult The second element is that the person committing the crime must abuse or neglect the victim. Maryland Laws Section 3-604 (b) (1).

Abuse is any:

1. malicious act or cruel or inhumane treatment
2. in which the victim suffers physical pain or injury
3. when the act or treatment reflects circumstances in which the health or well-being of the victim is compromised or threatened Maryland Laws Section 3-604 (a) (2) (i).

Maltreatment in this section includes sexual abuse, but not medical treatment ordered by an authorized healthcare provider acting in the health care provider’s practice. Maryland Laws Section 3-604 (a) (2).
Neglect is defined in Maryland Laws Section 3-604 (a) (7) (i) as a

1. deliberate
2. failure to provide the necessary resources and support for the physical needs of the victim.

This contains: Maltreatment in this section includes sexual abuse, but not medical treatment ordered by an authorized healthcare provider acting in the health care provider’s practice.

• Help with using the toilet (if necessary)
• Necessary medical treatment and help with using the toilet (if necessary)
• Third, the victim must be a vulnerable adult, as defined in section 3-604 (a) (10), who is unable to meet the adult’s daily needs.

The fourth and final element is that the abuse or neglect either:
Result in the death of the victim Sexual harassment or exploitation of the victim (sexual abuse)
Cause serious bodily injury to the victim, including any bodily injury that:

• Expose the victim to a serious risk of death
• Causes permanent or severe permanent disfigurement, impairment of bodily functions or loss of function in a part of the body

If all of the above elements are met, the person is guilty of abusing or neglecting a vulnerable adult in the first degree.
This crime is a Maryland criminal offense and the offender will face fines, including a conviction for a crime of imprisonment of up to 10 years and / or a fine of up to $ 10,000. Maryland Laws Section 3-604 (c).

Abuse / neglect of a vulnerable second-degree adult: Maryland Laws Section 3-605

Second-degree maltreatment or neglect of a vulnerable adult has almost all the same elements as first-degree abuse or neglect of a vulnerable adult, with the exception that mistreatment or neglect does not result in death or serious bodily injury or sexual abuse. Maryland Section 3-605 (b). If a second-degree maltreatment occurs, the person is guilty of abusing or neglecting a vulnerable adult, which is an offense, the accused may face a jail term of up to 5 years and / or a fine of up to $ 5,000. Maryland Laws Section 3-605 (c).

Harassment:

Maryland Laws Section 3-607 – The state of Maryland considers harassment a form of abuse and as such an offense crime. There are many elements to this crime. If a person:

1. intentionally or recklessly acts
2. or creates a situation in which
3. a student is exposed to a potential serious bodily injury
4. to engage the student in a student organization of a school, college or university, then the individual is guilty of cloudiness. Section 3-607 (a). A person guilty of harassment will face a jail term of up to 6 months and / or a fine of up to $ 500. Maryland Laws Section 3-607 (b). In particular, a defendant accused of hazing may not use the implied or explicit consent of the victim for hazing as a defense. Maryland Laws Section 3-607 (c).

Courts We Cover in Maryland

Allegany, Anne Arundel, Baltimore County, Baltimore City, Calvert, Caroline, Carroll, Cecil, Charles, Dorchester, Frederick, Garrett, Harford, Howard, Kent, Montgomery, Prince George’s, Queen Anne’s, Saint Mary’s, Somerset, Talbot, Washington, Wicomico, Worcester, Cumberland, Annapolis, Towson, Prince Frederick, Denton, Westminster, Elkton, La Plata, Cambridge, Frederick, Oakland, Bel Air, Ellicott City, Chestertown, Rockville, Upper Marlboro, Centreville, Leonardtown, Princess Anne, Easton, Hagerstown, Salisbury, Snow Hill C