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<section article="gcp" article_name="Criminal Procedure" number="11-701" title_number="11" title_name="Victims and Witnesses" subtitle_number="7" subtitle_name="Sex Offender Registration">
  <level label="a">
    <text>In this subtitle the following words have the meanings indicated.</text>
  </level>
  <level label="b">
    <text>“Board” means the Sexual Offender Advisory Board.</text>
  </level>
  <level label="c">
    <text>“Employment” means an occupation, job, or vocation that is full time or part time for a period exceeding 14 days or for an aggregate period exceeding 30 days during a calendar year, whether financially compensated, volunteered, or for the purpose of government or educational benefit.</text>
  </level>
  <level label="d">
    <level label="1">
      <text>“Habitually lives” means any place where a person lives, sleeps, or visits with any regularity, including where a homeless person is stationed during the day or sleeps at night.</text>
    </level>
    <level label="2">
      <text>“Habitually lives” includes any place where a person visits for longer than 5 hours per visit more than 5 times within a 30–day period.</text>
    </level>
  </level>
  <level label="e">
    <text>“Homeless” means having no fixed residence.</text>
  </level>
  <level label="f">
    <text>“Imprisonment” means incarceration pursuant to a conviction, regardless of the nature of the institution in which the offender serves the sentence.</text>
  </level>
  <level label="g">
    <text>“Jurisdiction” means a state or a Native American tribe that elects to function as a registration jurisdiction under federal law.</text>
  </level>
  <level label="h">
    <text>“Local law enforcement unit” means the law enforcement unit in a county that has been designated by resolution of the county governing body as the primary law enforcement unit in the county.</text>
  </level>
  <level label="i">
    <level label="1">
      <text>Except as otherwise provided in this subsection, “release” means any type of release from the custody of a supervising authority.</text>
    </level>
    <level label="2">
      <text>“Release” means:</text>
      <level label="i">
        <text>release on parole;</text>
      </level>
      <level label="ii">
        <text>mandatory supervision release;</text>
      </level>
      <level label="iii">
        <text>release from a correctional facility with no required period of supervision;</text>
      </level>
      <level label="iv">
        <text>work release;</text>
      </level>
      <level label="v">
        <text>placement on home detention; and</text>
      </level>
      <level label="vi">
        <text>the first instance of entry into the community that is part of a supervising authority’s graduated release program.</text>
      </level>
    </level>
    <level label="3">
      <text>“Release” does not include:</text>
      <level label="i">
        <text>an escape; or</text>
      </level>
      <level label="ii">
        <text>leave that is granted on an emergency basis.</text>
      </level>
    </level>
  </level>
  <level label="j">
    <text>“Sexually violent offense” means:</text>
    <level label="1">
      <text>a violation of § 3–303, § 3–304, § 3–309, or § 3–310 of the Criminal Law Article, or § 3–305, § 3–306, § 3–311, or § 3–312 of the Criminal Law Article as the sections existed before October 1, 2017;</text>
    </level>
    <level label="2">
      <text>assault with intent to commit rape in the first or second degree or a sexual offense in the first or second degree as prohibited on or before September 30, 1996, under former Article 27, § 12 of the Code; or</text>
    </level>
    <level label="3">
      <text>a crime committed in another jurisdiction, federal or military court, or foreign country that, if committed in this State, would constitute one of the crimes listed in item (1) or (2) of this subsection.</text>
    </level>
  </level>
  <level label="k">
    <text>“Sexually violent predator” means a person who:</text>
    <level label="1">
      <text>is convicted of a sexually violent offense; and</text>
    </level>
    <level label="2">
      <text>has been determined in accordance with this subtitle to be at risk of committing another sexually violent offense.</text>
    </level>
  </level>
  <level label="l">
    <text>“Sex offender” means a person who has been convicted of:</text>
    <level label="1">
      <text>an offense that would require the person to be classified as a tier I sex offender, tier II sex offender, or tier III sex offender;</text>
    </level>
    <level label="2">
      <text>an offense committed in another state or in a federal, military, or tribal jurisdiction that, if committed in this State, would require the person to be classified as a tier I sex offender, tier II sex offender, or tier III sex offender; or</text>
    </level>
    <level label="3">
      <text>an offense in a court of Canada, Great Britain, Australia, New Zealand, or any other foreign country where the United States Department of State has determined in its Country Reports on Human Rights Practices that an independent judiciary generally or vigorously enforced the right to a fair trial during the year in which the conviction occurred that, if committed in this State, would require the person to be classified as a tier I sex offender, tier II sex offender, or tier III sex offender.</text>
    </level>
  </level>
  <level label="m">
    <text>“Student” means an individual who is enrolled in or attends an education institution, including a public or private secondary school, trade or professional school, or an institution of higher education.</text>
  </level>
  <level label="n">
    <text>“Supervising authority” means an agency or person that is responsible for collecting the information for the initial registration of a sex offender and is:</text>
    <level label="1">
      <text>the Secretary, if the registrant is in the custody of a correctional facility operated by the Department;</text>
    </level>
    <level label="2">
      <text>the administrator of a local correctional facility, if the registrant, including a participant in a home detention program, is in the custody of the local correctional facility;</text>
    </level>
    <level label="3">
      <text>the court that granted the probation or suspended sentence, except as provided in item (9) of this subsection, if the registrant is granted probation before judgment, probation after judgment, or a suspended sentence;</text>
    </level>
    <level label="4">
      <text>the Director of the Patuxent Institution, if the registrant is in the custody of the Patuxent Institution;</text>
    </level>
    <level label="5">
      <text>the Secretary of Health, if the registrant is in the custody of a facility operated by the Maryland Department of Health;</text>
    </level>
    <level label="6">
      <text>the court in which the registrant was convicted, if the registrant’s sentence does not include a term of imprisonment or if the sentence is modified to time served;</text>
    </level>
    <level label="7">
      <text>the Secretary, if the registrant is in the State under terms and conditions of the Interstate Compact for Adult Offender Supervision, set forth in Title 6, Subtitle 2 of the Correctional Services Article, or the Interstate Corrections Compact, set forth in Title 8, Subtitle 6 of the Correctional Services Article;</text>
    </level>
    <level label="8">
      <text>the local law enforcement unit where the sex offender is a resident, is a transient, or habitually lives on moving from another jurisdiction or foreign country that requires registration if the sex offender is not under the supervision, custody, or control of another supervising authority;</text>
    </level>
    <level label="9">
      <text>the Director of Parole and Probation, if the registrant is under the supervision of the Division of Parole and Probation; or</text>
    </level>
    <level label="10">
      <text>the Secretary of Juvenile Services, if the registrant was a minor at the time the act was committed for which registration is required.</text>
    </level>
  </level>
  <level label="o">
    <text>“Tier I sex offender” means a person who has been convicted of:</text>
    <level label="1">
      <text>conspiring to commit, attempting to commit, or committing a violation of § 3–308 or § 3–308.1(b) of the Criminal Law Article;</text>
    </level>
    <level label="2">
      <text>conspiring to commit, attempting to commit, or committing a violation of § 3–902 or § 11–208 of the Criminal Law Article, if the victim is a minor;</text>
    </level>
    <level label="3">
      <text>conspiring to commit, attempting to commit, or committing a violation of § 3–307(a)(1)(ii)5 of the Criminal Law Article, if the victim is not a minor;</text>
    </level>
    <level label="4">
      <text>a crime committed in a federal, military, tribal, or other jurisdiction that, if committed in this State, would constitute one of the crimes listed in items (1) through (3) of this subsection;</text>
    </level>
    <level label="5">
      <text>any of the following federal offenses:</text>
      <level label="i">
        <text>misleading domain names on the Internet under 18 U.S.C. § 2252B;</text>
      </level>
      <level label="ii">
        <text>misleading words or digital images on the Internet under 18 U.S.C. § 2252C;</text>
      </level>
      <level label="iii">
        <text>engaging in illicit conduct in foreign places under 18 U.S.C. § 2423(c);</text>
      </level>
      <level label="iv">
        <text>failure to file a factual statement about an alien individual under 18 U.S.C. § 2424;</text>
      </level>
      <level label="v">
        <text>transmitting information about a minor to further criminal sexual conduct under 18 U.S.C. § 2425;</text>
      </level>
      <level label="vi">
        <text>sex trafficking by force, fraud, or coercion under 18 U.S.C. § 1591; or</text>
      </level>
      <level label="vii">
        <text>travel with intent to engage in illicit conduct under 18 U.S.C. § 2423(b);</text>
      </level>
    </level>
    <level label="6">
      <text>any military offense specified by the Secretary of Defense under Section 115(A)(8)(C)(i) of Public Law 105–119 (codified at 10 U.S.C. § 951 Note) that is similar to those offenses listed in item (5) of this subsection; or</text>
    </level>
    <level label="7">
      <text>a crime in a court of Canada, Great Britain, Australia, New Zealand, or any other foreign country where the United States Department of State has determined in its Country Reports on Human Rights Practices that an independent judiciary generally or vigorously enforced the right to a fair trial during the year in which the conviction occurred that, if the crime were committed in this State, would constitute one of the crimes listed in items (1) through (6) of this subsection.</text>
    </level>
  </level>
  <level label="p">
    <text>“Tier II sex offender” means a person who has been convicted of:</text>
    <level label="1">
      <text>conspiring to commit, attempting to commit, or committing a violation of § 3–307(a)(4) or (5), § 3–324, § 11–207, or § 11–209 of the Criminal Law Article;</text>
    </level>
    <level label="2">
      <text>conspiring to commit, attempting to commit, or committing a violation of § 3–1102, § 3–1103, § 11–303, § 11–305, § 11–306, or § 11–307 of the Criminal Law Article, if the intended prostitute or victim is a minor;</text>
    </level>
    <level label="3">
      <text>conspiring to commit, attempting to commit, or committing a violation of § 3–314 or § 3–603 of the Criminal Law Article, if the victim is a minor who is at least 14 years old;</text>
    </level>
    <level label="4">
      <text>conspiring to commit, attempting to commit, or committing a violation of § 3–307(a)(1)(ii)5 of the Criminal Law Article, if the victim is a minor who is at least 13 years old;</text>
    </level>
    <level label="5">
      <text>conspiring to commit, attempting to commit, or committing an offense that would require the person to register as a tier I sex offender after the person was already registered as a tier I sex offender;</text>
    </level>
    <level label="6">
      <text>a crime that was committed in a federal, military, tribal, or other jurisdiction that, if committed in this State, would constitute one of the crimes listed in items (1) through (4) of this subsection; or</text>
    </level>
    <level label="7">
      <text>a crime in a court of Canada, Great Britain, Australia, New Zealand, or any other foreign country where the United States Department of State has determined in its Country Reports on Human Rights Practices that an independent judiciary generally or vigorously enforced the right to a fair trial during the year in which the conviction occurred that, if the crime were committed in this State, would constitute one of the crimes listed in items (1) through (4) of this subsection.</text>
    </level>
  </level>
  <level label="q">
    <text>“Tier III sex offender” means a person who has been convicted of:</text>
    <level label="1">
      <text>conspiring to commit, attempting to commit, or committing a violation of:</text>
      <level label="i">
        <text>§ 2–201(a)(4)(viii), (x), or (xi) of the Criminal Law Article;</text>
      </level>
      <level label="ii">
        <text>§ 3–303, § 3–304, § 3–307(a)(1)(ii)1 through 4 and (2), § 3–308.1(c) or (d), § 3–309, § 3–310, § 3–311, § 3–312, § 3–315, § 3–323, or § 3–602 of the Criminal Law Article;</text>
      </level>
      <level label="iii">
        <text>§ 3–502 of the Criminal Law Article, if the victim is a minor;</text>
      </level>
      <level label="iv">
        <text>§ 3–502 of the Criminal Law Article, if the victim is an adult, and the person has been ordered by the court to register under this subtitle;</text>
      </level>
      <level label="v">
        <text>the common law offense of sodomy, as that offense existed before October 1, 2020, or § 3–322 of the Criminal Law Article, as that offense existed before October 1, 2023, if the offense was committed with force or threat of force; or</text>
      </level>
      <level label="vi">
        <text>§ 3–305 or § 3–306 of the Criminal Law Article as the sections existed before October 1, 2017;</text>
      </level>
    </level>
    <level label="2">
      <text>conspiring to commit, attempting to commit, or committing a violation of § 3–307(a)(3), § 3–314, § 3–503, or § 3–603 of the Criminal Law Article, if the victim is under the age of 14 years;</text>
    </level>
    <level label="3">
      <text>conspiring to commit, attempting to commit, or committing the common law offense of false imprisonment, if the victim is a minor;</text>
    </level>
    <level label="4">
      <text>conspiring to commit, attempting to commit, or committing a violation of § 3–307(a)(1)(ii)5 of the Criminal Law Article, if the victim is a minor who is under the age of 13 years;</text>
    </level>
    <level label="5">
      <text>conspiring to commit, attempting to commit, or committing an offense that would require the person to register as a tier I or tier II sex offender after the person was already registered as a tier II sex offender;</text>
    </level>
    <level label="6">
      <text>a crime committed in a federal, military, tribal, or other jurisdiction that, if committed in this State, would constitute one of the crimes listed in items (1) through (4) of this subsection; or</text>
    </level>
    <level label="7">
      <text>a crime in a court of Canada, Great Britain, Australia, New Zealand, or any other foreign country where the United States Department of State has determined in its Country Reports on Human Rights Practices that an independent judiciary generally or vigorously enforced the right to a fair trial during the year in which the conviction occurred that, if the crime were committed in this State, would constitute one of the crimes listed in items (1) through (4) of this subsection.</text>
    </level>
  </level>
  <level label="r">
    <text>“Transient” means a nonresident registrant who enters a county of this State with the intent to be in the State or is in the State for a period exceeding 14 days or for an aggregate period exceeding 30 days during a calendar year for a purpose other than employment or to attend an educational institution.</text>
  </level>
</section>
