# Criminal Law (GCR)

## Title 3. Other Crimes Against the Person

### Subtitle 3. Sexual Crimes

#### Section 3-308

(a) A person may not engage in:

  (1) sexual contact with another without the consent of the other;

  (2) except as provided in Sec. 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

  (3) except as provided in Sec. 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.

(b)

  (1) 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.

  (2)

    (i) On conviction of a violation of this section, a person who has been convicted on a prior occasion not arising from the same incident of a violation of Sec. 3-303, Sec. 3-304, Sec.Sec. 3-307 through 3-310 of this subtitle, Sec. 3-311 or Sec. 3-312 of this subtitle as the sections existed before October 1, 2017, Sec. 3-315 of this subtitle, or Sec. 3-602 of this title is subject to imprisonment not exceeding 3 years or a fine not exceeding $1,000 or both.

    (ii) If the State intends to proceed against a person under subparagraph (i) of this paragraph, it shall comply with the procedures set forth in the Maryland Rules for the indictment and trial of a subsequent offender.

(c)

  (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.

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Md. Code Ann., Crim. Law (as displayed at mgaleg.maryland.gov, October 16, 2026)