<?xml version='1.0' encoding='utf-8'?>
<section article="gcr" article_name="Criminal Law" number="3-308" title_number="3" title_name="Other Crimes Against the Person" subtitle_number="3" subtitle_name="Sexual Crimes">
  <level label="a">
    <text>A person may not engage in:</text>
    <level label="1">
      <text>sexual contact with another without the consent of the other;</text>
    </level>
    <level label="2">
      <text>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</text>
    </level>
    <level label="3">
      <text>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.</text>
    </level>
  </level>
  <level label="b">
    <level label="1">
      <text>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.</text>
    </level>
    <level label="2">
      <level label="i">
        <text>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 § 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 is subject to imprisonment not exceeding 3 years or a fine not exceeding $1,000 or both.</text>
      </level>
      <level label="ii">
        <text>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.</text>
      </level>
    </level>
  </level>
  <level label="c">
    <level label="1">
      <text>Unless specifically charged by the State, a violation of this section may not be considered a lesser included crime of any other crime.</text>
    </level>
    <level label="2">
      <text>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.</text>
    </level>
  </level>
</section>
