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LegalGems
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What is the age of consent in Maryland. The situation

Customer Question

what is the age of consent in Maryland. The situation involves a 14 year old girl who got drunk and had sex by a boy who was 17 almost 18. Can charges be pressed?
Submitted: 1 year ago.
Category: Family Law
Expert:  LegalGems replied 1 year ago.

A few minutes please as I look into this for you.

Expert:  LegalGems replied 1 year ago.

§3–306.

(a) A person may not engage in a sexual act with another:

(1) by force, or the threat of force, without the consent of the other;

(2) if the victim is a mentally defective individual, a mentally incapacitated individual, or a physically helpless individual, and the person performing the sexual act knows or reasonably should know that the victim is a mentally defective individual, a mentally incapacitated individual, or a physically helpless individual; or

(3) if the victim is under the age of 14 years, and the person performing the sexual act is at least 4 years older than the victim.

(b) A person 18 years of age or older may not violate subsection (a)(1) or (2) of this section involving a child under the age of 13 years.

(c) (1) Except as provided in paragraph (2) of this subsection, a person who violates this section is guilty of the felony of sexual offense in the second degree and on conviction is subject to imprisonment not exceeding 20 years.

(2) (i) Subject to subparagraph (iv) of this paragraph, a person 18 years of age or older who violates subsection (b) of this section is guilty of the felony of sexual offense in the second degree and on conviction is subject to imprisonment for not less than 15 years and not exceeding life.

(ii) A court may not suspend any part of the mandatory minimum sentence of 15 years.

(iii) The person is not eligible for parole during the mandatory minimum sentence.

(iv) If the State fails to comply with subsection (d) of this section, the mandatory minimum sentence shall not apply.

(d) If the State intends to seek a sentence of imprisonment for not less than 15 years under subsection (c)(2) of this section, the State shall notify the person in writing of the State’s intention at least 30 days before trial.

That statute is accessible here: http://mgaleg.maryland.gov/webmga/frmStatutesText.aspx?article=gcr&section=3-306&ext=html&session=2015RS&tab=subject5

So if the individual is 14, and the other person is not 4 years older, per the statute, the statute has not been violated.

However, if a party is unwilling to give consent (ie does not have mental capacity) then charges can be pressed.

Expert:  LegalGems replied 1 year ago.

Statute dealing with consent:

(c) “Mentally incapacitated individual” means an individual who, because of the influence of a drug, narcotic, or intoxicating substance, or because of an act committed on the individual without the individual’s consent or awareness, is rendered substantially incapable of:

(1) appraising the nature of the individual’s conduct; or

(2) resisting vaginal intercourse, a sexual act, or sexual contact.

(d) “Physically helpless individual” means an individual who:

(1) is unconscious; or

(2) (i) does not consent to vaginal intercourse, a sexual act, or sexual contact; and

(ii) is physically unable to resist, or communicate unwillingness to submit to, vaginal intercourse, a sexual act, or sexual contact.

Expert:  LegalGems replied 1 year ago.

Statute 3-301

Customer: replied 1 year ago.
thank you
Expert:  LegalGems replied 1 year ago.

This article discusses consent and alcohol: https://share.cornell.edu/education-engagement/sex-alcohol-and-clear-consent/

Expert:  LegalGems replied 1 year ago.

You are welcome. Did you have any other questions on the above?

Expert:  LegalGems replied 1 year ago.

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