Maryland sexual offense laws a split into 4 degree that differentiates by the acts or contact of the sexual nature along with if the crime was violent or not. The four degrees are found below:
1st degree: this offense is very serious because it is similar the rape of the same degree with the only difference being whether or not the victim suffered sexual acts instead of vaginal intercourse. Moreover, the 2 main elements that are needed to prove the offender guilty are:
- Engage in sexual acts without the victims consent.
- The offender must also commit one of the following – threaten the victim with abduction, disfiguration, death and suffocation, use a weapon on the victim, cause serious injury on the victim and have help with committing the sexual acts on the victim among others.
Moreover, the penalty for this offense in Maryland is increased when children are the victims, this can result in a life sentence without parole. Likewise, if the offender is 18 years of age and the victim is younger than 13 years, then the penalty is 25 years in prison with the possibility of life without parole.
2nd degree: this is similar the rape of the same degree with the only difference being whether or not the victim suffered sexual acts instead of vaginal intercourse. Moreover, the 2 main elements that are needed to prove the offender guilty are:
- Engaging in non-consensual sexual acts with the victim.
- The offender must also commit one of the following acts – the victim is younger than 14 while the offender is 4 years older, the victim is mentally and physically challenged along with the offender being aware and threaten to use force.
Moreover, the penalty for this offense in Maryland is a 20-year prison sentence, however, if the offender is at least 18 years old and the victim is younger than 13 years than the sentence is 15 years to life imprisonment.
3rd degree: this crime shares similar circumstances with 2nd-degree sexual offense however 3rd degree covers some sexual act situations not found in 1st or 2nd-degree sexual offenses and they are:
- The offender being at least 21 years of age engages in sexual acts with victims under the age of 16 and victims.
- The offender commits sexual acts on victims under the age of 14 while the offender is 4 years older than them.
The penalty for this sexual offense is a prison sentence of 10 years in Maryland.
4th degree: there are a number of misconducts that are suitable to be qualified as a 4th-degree sexual offense and they are:
- The offender commits sexual contact on a person without their consent
- The offender is younger than 21 years but is still at least 4 years older than the victim, likewise the victim is younger than 16 when the sexual acts were committed
- The offender is younger than 21 years but is still at least 4 years older than the victim, likewise the victim is younger than 16when vaginal intercourse happened
- The offender is 21 years old and holds a position of authority in the school that the victim (under the age of 18) goes to.
The penalty for this offense in Maryland is either a 1 to a 3-year prison sentence or a $1,000 fine, with the possibility of the offender getting both penalties.
Moreover, the penalties for attempted sexual offenses are a potential life sentence for 1st degree attempted sexual offense and a 20-year prison sentence for a 2nd degree attempted sexual offence.
If you need a Maryland Sexual Offense Lawyer to help you with your Sexual Offense case in Maryland, call us at 888-437-7747. Our Maryland Sexual Offense Attorneys can help you.