Sex offenses in Maryland
In Maryland, a large majority of the sexual crimes can result in a felony conviction and a prison sentence of up to life. A felony sex crime on your record can have a significant impact on your ability to find housing, employment, and obtain loans. Further, conviction of a sex crime in Maryland requires the offender to register as a sex offender in the state. An experienced Maryland sex offense attorney can help you to take a proactive approach to your case, protect your quality of life, and even beat the charges. Here is a rundown of the basic information you need when preparing a defense against a sexual offense charge in Maryland.
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TYPES OF PERSONAL INJURY LAW WE PRACTICE
First Degree Rape
First degree rape is defined as engaging in vaginal intercourse with another by force or threat of force without the other’s consent, while also engaged in one of the following:
- using a dangerous weapon, or what the victim believes to be a dangerous weapon.
- inflicting serious physical injury to the victim or another during the crime.
- threatening to kidnap or inflict serious injury to the victim.
- committing the crime with the aid of another individual.
- committing the crime during a burglary.
If convicted, you face a felony conviction and a prison term of up to life. If the victim is under 16, the penalty is life in prison without the possibility of parole.
Second Degree Rape
Second degree rape is defined as engaging in non-consensual vaginal intercourse by force or threat of force with another. It also includes vaginal intercourse with victims who are mentally or physically incapacitated where the offender is aware of the condition.
Further, it includes situations where the victim is younger than 14 and the offender is at least 4 years older than the victim.
If found guilty, you face a felony conviction and up to 20 years in prison. If the victim is under 13 and the offender is over the age of 18, the penalty is between a 15 year mandatory minimum, which cannot be suspended, and life in prison.
First Degree Sexual Offense
Sexual offense crimes are those involving sexual acts other than vaginal intercourse that are intended for sexual gratification, arousal or abuse of either party.
First degree sex offense is defined as non-consensual to anal intercourse, analingus, cunnilingus, or fellatio with another individual by force or threat of force, and while also engaged in the following:
- Using a dangerous weapon, or what the victim believes to be a dangerous weapon,
- Inflicting serious physical injury to the victim or another during the crime,
- Threatening to kidnap or inflict serious injury to the victim,
- Committing the crime with the aid of another individual,
- Committing the crime during a burglary.
If found guilty, you face a felony conviction and up to life in prison. If the victim is under 16, then the maximum penalty is life imprisonment without the possibility of parole. If the victim is under 13 and the offender is over 18, then the penalty ranges from 25 years to life, without the possibility of parole.
Second Degree Sexual Offense
Second degree sex offense is defined as unconsented to anal intercourse, analingus, cunnilingus, or fellatio with another individual by force or threat of force. This also encompasses performing the same sexual acts with victims who are mentally or physically incapacitated where the offender is aware of the condition, or with victims younger than 14 where the offender is at least 4 years older than the victim.
If found guilty, you face a felony conviction and a maximum of 20 years in prison.
If the victim is younger than 13 and the offender is above 18, then the prison term ranges from 15 years to life.
Third and Fourth Degree Sexual Offense
Any non-consensual sexual contact can be charged as a third or fourth degree sexual offense, but these are generally used under circumstances involving minors, even if both parties consent to the sexual act or intercourse. If the victim is younger than 14 and the offender is at least 4 years older than the victim. If the victim is 14 or 15 and the offender is 21 or older. These offenses are more commonly known as statutory rape, although that term is not used by the legal system.
If convicted of third degree sex offense, you face a felony on your record and a maximum prison sentence of 10 years. If convicted of fourth degree sex offense you face a misdemeanor conviction, a fine of up to $1,000, and up to one year in jail. Repeat offenders face fines of up to $1,000 and a maximum of 3 years in prison.
4th Degree Sex Offense is an unconsented sexual contact with another person. It does not require penetration or under the clothes touching. Although only a misdemeanor, conviction carries a required 15 year registration on the Sex Offender Registry.
If you face one or more of these charges...
For a greater explanation of these laws you can read the Maryland Official Code.
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