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<section article="gcr" article_name="Criminal Law" number="3-314" title_number="3" title_name="Other Crimes Against the Person" subtitle_number="3" subtitle_name="Sexual Crimes">
  <level label="a">
    <level label="1">
      <text>In this section the following words have the meanings indicated.</text>
    </level>
    <level label="2">
      <level label="i">
        <text>“Correctional employee” means a:</text>
        <level label="1">
          <text>correctional officer, as defined in § 8–201 of the Correctional Services Article; or</text>
        </level>
        <level label="2">
          <text>managing official or deputy managing official of a correctional facility.</text>
        </level>
      </level>
      <level label="ii">
        <text>“Correctional employee” includes a sheriff, warden, or other official who is appointed or employed to supervise a correctional facility.</text>
      </level>
    </level>
    <level label="3">
      <text>“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.</text>
    </level>
    <level label="4">
      <level label="i">
        <text>“Incarcerated individual” has the meaning stated in § 1–101 of this article.</text>
      </level>
      <level label="ii">
        <text>“Incarcerated individual” includes an individual confined in a community adult rehabilitation center.</text>
      </level>
    </level>
    <level label="5">
      <text>“Law enforcement officer” has the meaning stated in § 1–101 of the Public Safety Article.</text>
    </level>
  </level>
  <level label="b">
    <level label="1">
      <text>This subsection applies to:</text>
      <level label="i">
        <text>a correctional employee;</text>
      </level>
      <level label="ii">
        <text>any other employee of the Department of Public Safety and Correctional Services or a correctional facility;</text>
      </level>
      <level label="iii">
        <text>an employee of a contractor providing goods or services to the Department of Public Safety and Correctional Services or a correctional facility; and</text>
      </level>
      <level label="iv">
        <text>any other individual working in a correctional facility, whether on a paid or volunteer basis.</text>
      </level>
    </level>
    <level label="2">
      <text>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.</text>
    </level>
  </level>
  <level label="c">
    <text>A person may not engage in sexual contact, vaginal intercourse, or a sexual act with an individual confined in a child care institution licensed by the Department of Juvenile Services, a detention center for juveniles, or a facility for juveniles listed in § 9–226(b) of the Human Services Article.</text>
  </level>
  <level label="d">
    <text>A court–ordered services provider may not engage in sexual contact, vaginal intercourse, or a sexual act with an individual ordered to obtain services while the order is in effect.</text>
  </level>
  <level label="e">
    <level label="1">
      <text>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:</text>
      <level label="i">
        <text>who is a victim, witness, or suspect in an open investigation that the law enforcement officer is conducting, supervising, or assisting with if the law enforcement officer knew or should have known that the person is a victim, witness, or suspect in the investigation;</text>
      </level>
      <level label="ii">
        <text>requesting assistance from or responding to the law enforcement officer in the course of the law enforcement officer’s official duties;</text>
      </level>
      <level label="iii">
        <text>in the custody of the law enforcement officer; or</text>
      </level>
      <level label="iv">
        <text>who is a student enrolled in a school where the law enforcement officer is assigned as a school resource officer, as defined in § 7–1501 of the Education Article.</text>
      </level>
    </level>
    <level label="2">
      <text>Paragraph (1)(i) and (ii) of this subsection does not apply if the law enforcement officer:</text>
      <level label="i">
        <text>had a prior existing legal sexual relationship with the person; and</text>
      </level>
      <level label="ii">
        <text>did not act under the color or pretense of office or under color of official right when seeking consent to the vaginal intercourse, sexual act, or sexual contact.</text>
      </level>
    </level>
  </level>
  <level label="f">
    <text>A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $3,000 or both.</text>
  </level>
  <level label="g">
    <text>A sentence imposed for a violation of this section may be separate from and consecutive to or concurrent with a sentence for another crime under § 3–303, § 3–304, or §§ 3–307 through 3–310 of this subtitle, or § 3–305, § 3–306, § 3–311, or § 3–312 of this subtitle as the sections existed before October 1, 2017.</text>
  </level>
</section>
