{"data":{"id":"us-md/md.-code-criminal-law-3-308","jurisdiction":"us-md","citation":"Md. Code, Criminal Law § 3–308","heading":"","body":"(a) (1) In this section the following words have the meanings indicated.\n(2) (i) “Person in a position of authority” means a person who:\n1. 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\nB. is at least 22 years old and works for remuneration or as a volunteer for a program; and\n2. exercises supervision over or works or interacts with one or more minors who attend the school or participate in the program.\n(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.\n(3) “Program” means:\n(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:\n1. sports, music, dance, art, or martial arts coaching or instruction;\n2. tutoring or academic enrichment;\n3. day care or after school care;\n4. scouting; or\n5. day or overnight camping; or\n(ii) any unit of local, State, or federal government.\n(b) A person may not engage in:\n(1) sexual contact with another without the consent of the other;\n(2) 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\n(3) 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.\n(c) (1) Except as provided in § 3–307(a)(4) of this subtitle or subsection (b)(2) of this section, 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:\n(i) is a student enrolled at a school where the person in a position of authority works; or\n(ii) 1. is participating in a program for which the person in a position of authority works; and\n2. is at least 6 years younger than the person in a position of authority.\n(2) Except as provided in § 3–307(a)(5) of this subtitle or subsection (b)(3) of this section, a person in a position of authority may not engage in vaginal intercourse with a minor who, at the time of the vaginal intercourse:\n(i) is a student enrolled at a school where the person in a position of authority works; or\n(ii) 1. is participating in a program for which the person in a position of authority works; and\n2. is at least 6 years younger than the person in a position of authority.\n(d) (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.\n(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 § 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.\n(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.\n(e) (1) Unless specifically charged by the State, a violation of this section may not be considered a lesser included crime of any other crime.\n(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.","path":["Article - Criminal Law"],"source_url":"https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcr\u0026section=3-308","current_through":"2026-01-01","vintage":"","retrieved_at":"2026-09-14T19:57:08Z","sha256":"9b753b46c66a456d5e23c96865c9626df06b0d0285d18556ba20671585188e10","source_id":"us-md","stale":false,"prev":"us-md/md.-code-criminal-law-3-307","next":"us-md/md.-code-criminal-law-3-309"},"notice":"GroundRules: Original legal text. Not legal advice."}