§ 3–308.1
Statutes in effect as of October 1, 2026.
Md. Code Ann., Crim. Law § 3-308.1 (2026)
Title 3. Other Crimes Against the Person
Subtitle 3. Sexual Crimes
§ 3–308.1LinkCopy Citation
(a)
(1)
In this section the following words have the meanings indicated.
(2)
(i)
“Person in a position of authority” means a person who:
(1)
(A)
is at least 21 years old and works for remuneration or as a volunteer for a public or private preschool, elementary school, or secondary school; or
(B)
is at least 22 years old and works for remuneration or as a volunteer for a program; and
(2)
exercises supervision over or works or interacts with one or more minors who attend the school or participate in the program.
(ii)
“Person in a position of authority” includes a principal, vice principal, teacher, coach, or school counselor at a public or private preschool, elementary school, or secondary school.
(3)
“Program” means:
(i)
an individual, a business, a religious or faith–based institution, or an organization that provides, on a for–profit or nonprofit basis, instructional, coaching, recreational, spiritual, character–building, or supervisory services or activities for minors, including:
(1)
sports, music, dance, art, or martial arts coaching or instruction;
(2)
tutoring or academic enrichment;
(3)
day care or after school care;
(4)
scouting; or
(5)
day or overnight camping; or
(ii)
any unit of local, State, or federal government.
(b)
(1)
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:
(i)
is a student enrolled at a school where the person in a position of authority works; or
(ii)
(1)
is participating in a program for which the person in a position of authority works; and
(2)
is at least 6 years younger than the person in a position of authority.
(2)
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:
(i)
is a student enrolled at a school where the person in a position of authority works; or
(ii)
(1)
is participating in a program for which the person in a position of authority works; and
(2)
is at least 6 years younger than the person in a position of authority.
(c)
A person in a position of authority may not violate subsection (b) of this section involving a child under the age of 13 years.
(d)
A person who has previously been convicted of a violation of § 3–303, § 3–304, §§ 3–307 through 3–310 of this subtitle, § 3–311 or § 3–312 of this subtitle as the sections existed before October 1, 2017, § 3–315 of this subtitle, or § 3–602 of this title may not violate subsection (b) or (c) of this section.
(e)
(1)
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.
(2)
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.
(3)
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.
(f)
(1)
Unless specifically charged by the State, a violation of this section may not be considered a lesser included crime of any other crime.
(2)
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.