Title 3. Other Crimes Against the Person — Subtitle 3. Sexual Crimes

appraising the nature of the individual’s conduct; or

resisting vaginal intercourse, a sexual act, or sexual contact.

is unconscious; or

“Sexual act” means any of the following acts, regardless of whether semen is emitted:

“Sexual act” does not include:

“Sexual contact”, as used in §§ 3–307, 3–308, and 3–314 of this subtitle, means an intentional touching of the victim’s or actor’s genital, anal, or other intimate area for sexual arousal or gratification, or for the abuse of either party.

“Sexual contact” does not include:

appraising the nature of the individual’s conduct;

resisting vaginal intercourse, a sexual act, or sexual contact; or

communicating unwillingness to submit to vaginal intercourse, a sexual act, or sexual contact.

“Vaginal intercourse” means genital copulation, whether or not semen is emitted.

“Vaginal intercourse” includes penetration, however slight, of the vagina.

the existence of consent, lack of consent, or withdrawal of consent shall be determined based on a totality of the circumstances, including the words and conduct of the victim and the defendant;

consent may be withdrawn before or during vaginal intercourse, a sexual act, or sexual contact;

the lack of consent may be communicated through words or conduct;

a current or previous dating, social, or sexual relationship by itself does not constitute consent;

submission as a result of fear, threat, or coercion does not constitute consent if the individual alleged to have performed the act in violation of this subtitle knows or reasonably should know that the victim would submit as a result of fear, threat, or coercion; and

the manner of dress of an individual does not constitute consent.

Except as provided in paragraphs (2), (3), and (4) of this subsection, a person who violates subsection (a) of this section is guilty of the felony of rape in the first degree and on conviction is subject to imprisonment not exceeding life.

A person who violates subsection (b) of this section is guilty of the felony of rape in the first degree and on conviction is subject to imprisonment not exceeding life without the possibility of parole.

A person who violates subsection (a) or (b) of this section is guilty of the felony of rape in the first degree and on conviction is subject to imprisonment not exceeding life without the possibility of parole if the defendant was previously convicted of violating this section, or § 3–305 of this subtitle as it existed before October 1, 2017.

without the consent of the other;

if the victim is a substantially cognitively impaired individual, a mentally incapacitated individual, or a physically helpless individual, and the person performing the act knows or reasonably should know that the victim is a substantially cognitively impaired individual, a mentally incapacitated individual, or a physically helpless individual; or

if the victim is under the age of 14 years, and the person performing the act is at least 4 years older than the victim.

Except as provided in paragraph (2) of this subsection, a person who violates subsection (a) of this section is guilty of the felony of rape in the second degree and on conviction is subject to imprisonment not exceeding 20 years.

engage in sexual contact with another if the victim is a substantially cognitively impaired individual, a mentally incapacitated individual, or a physically helpless individual, and the person performing the act knows or reasonably should know the victim is a substantially cognitively impaired individual, a mentally incapacitated individual, or a physically helpless individual;

engage in sexual contact with another if the victim is under the age of 14 years, and the person performing the sexual contact is at least 4 years older than the victim;

engage in a sexual act with another if the victim is 14 or 15 years old, and the person performing the sexual act is at least 21 years old; or

engage in vaginal intercourse with another if the victim is 14 or 15 years old, and the person performing the act is at least 21 years old.

sexual contact with another without the consent of the other;

except as provided in § 3–307(a)(4) of this subtitle, a sexual act with another if the victim is 14 or 15 years old, and the person performing the sexual act is at least 4 years older than the victim; or

except as provided in § 3–307(a)(5) of this subtitle, vaginal intercourse with another if the victim is 14 or 15 years old, and the person performing the act is at least 4 years older than the victim.

Except as provided in paragraph (2) of this subsection, a person who violates this section is guilty of the misdemeanor of sexual offense in the fourth degree and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $1,000 or both.

Unless specifically charged by the State, a violation of this section may not be considered a lesser included crime of any other crime.

A sentence imposed under this section may be imposed separate from and consecutive to or concurrent with a sentence for any crime based on the act establishing the violation of this section.

In this section the following words have the meanings indicated.

“Program” means:

Except as provided in § 3–307(a)(4) or § 3–308(a)(2) of this subtitle, a person in a position of authority may not engage in a sexual act or sexual contact with a minor who, at the time of the sexual act or sexual contact:

Except as provided in § 3–307(a)(5) or § 3–308(a)(3) of this subtitle, a person in a position of authority may not engage in vaginal intercourse with a minor who, at the time of the vaginal intercourse:

A person who violates subsection (b) of this section is guilty of the misdemeanor of sexual offense by a person in a position of authority and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $1,000 or both.

A person who violates subsection (c) of this section is guilty of the felony of sexual offense by a person in a position of authority and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $25,000 or both.

A person who violates subsection (d) of this section is guilty of the felony of sexual offense by a person in a position of authority and on conviction is subject to imprisonment not exceeding 20 years or a fine not exceeding $50,000 or both.

Unless specifically charged by the State, a violation of this section may not be considered a lesser included crime of any other crime.

A sentence imposed under this section may be imposed separate from and consecutive to or concurrent with a sentence for any crime based on the act establishing the violation of this section.

of any violation of § 3–303 or § 3–304 of this subtitle, or § 3–305 or § 3–306 of this subtitle as the sections existed before October 1, 2017; or

in another state or in a federal, military, or Native American tribal court of a crime that, if committed in this State, would constitute a violation of § 3–303or § 3–304 of this subtitle, or § 3–305 or § 3–306 of this subtitle as the sections existed before October 1, 2017.

In this section the following words have the meanings indicated.

“Court–ordered services provider” means a person who provides services to an individual who has been ordered by the court, the Division of Parole and Probation, or the Department of Juvenile Services to obtain those services.

“Law enforcement officer” has the meaning stated in § 1–101 of the Public Safety Article.

This subsection applies to:

A person described in paragraph (1) of this subsection may not engage in sexual contact, vaginal intercourse, or a sexual act with an incarcerated individual.

Except as provided in paragraph (2) of this subsection, a law enforcement officer may not engage in sexual contact, vaginal intercourse, or a sexual act with a person:

Paragraph (1)(i) and (ii) of this subsection does not apply if the law enforcement officer:

A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 30 years.

A sentence imposed under this section may be separate from and consecutive to or concurrent with a sentence under § 3–602 of this title.

must determine only that the required number of acts occurred; and

need not determine which acts constitute the required number of acts.

A person may not be charged with a violation of § 3–303, § 3–304, or § 3–307 of this subtitle involving the same victim in the same proceeding as a violation of this section unless the other violation charged occurred outside the time period charged under this section.

A person may not be charged with a violation of § 3–303, § 3–304, or § 3–307 of this subtitle involving the same victim unless the violation charged occurred outside the time period charged under this section.

a crime specified under this subtitle or a lesser included crime;

the sexual abuse of a minor under § 3-602 of this title or a lesser included crime; or

the sexual abuse of a vulnerable adult under § 3-604 of this title or a lesser included crime.

the evidence is relevant;

the evidence is material to a fact in issue in the case;

the inflammatory or prejudicial nature of the evidence does not outweigh its probative value; and

the evidence:

Evidence described in subsection (a) or (b) of this section may not be referred to in a statement to a jury or introduced in a trial unless the court has first held a closed hearing and determined that the evidence is admissible.

The court may reconsider a ruling excluding the evidence and hold an additional closed hearing if new information is discovered during the course of the trial that may make the evidence admissible.

in person;

through an agent or agency;

over the telephone;

through any print medium;

by mail;

by computer or Internet; or

by any other electronic means.

A person may not, with the intent to commit a violation of § 3–304, § 3–307, or § 3–308.1(c) or (d) of this subtitle or § 11–207, § 11–303, § 11–304, § 11–305, § 11–306, or § 11–307 of this article, knowingly solicit a minor, or a law enforcement officer posing as a minor, to engage in activities that would be unlawful for the person to engage in under § 3–304, § 3–307, or § 3–308.1(c) or (d) of this subtitle or § 11–207, § 11–303, § 11–304, § 11–305, § 11–306, or § 11–307 of this article.

A person may not, with the intent to commit a violation of § 3–304, § 3–307, or § 3–308.1(c) or (d) of this subtitle or § 11–207, § 11–303, § 11–304, § 11–305, § 11–306, or § 11–307 of this article, knowingly solicit the consent of a parent, guardian, or custodian of a minor, or a law enforcement officer posing as a parent, guardian, or custodian of a minor, to engage in activities with the minor that would be unlawful for the person to engage in under § 3–304, § 3–307, or § 3–308.1(c) or (d) of this subtitle or § 11–207, § 11–303, § 11–304, § 11–305, § 11–306, or § 11–307 of this article.

originated in the State; or

is received in the State.

for a first offense, imprisonment not exceeding 10 years or a fine not exceeding $25,000 or both; and

for a second or subsequent offense, imprisonment not exceeding 20 years or a fine not exceeding $50,000 or both.

In this section the following words have the meanings indicated.

“Personal identifying information” has the meaning stated in § 8–301 of this article.

“Sexual crime” means an act that would constitute a violation of this subtitle, § 3–602 of this title, § 3–902 of this title, or Title 11 of this article.

A State’s Attorney or the Attorney General may investigate and prosecute a violation of this section or a violation of any crime based on the act establishing a violation of this section.

If the Attorney General exercises authority under paragraph (1) of this subsection, the Attorney General has all the powers and duties of a State’s Attorney, including the use of a grand jury in any county or Baltimore City, to investigate and prosecute the violation.

an element of the crime occurred; or

the victim resides.