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Sam
Sam, Attorney at Law
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Experience:  20 years of experience practicing law.
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Can you explain the difference in a sex offense third degree

Customer Question

Can you explain the difference in a sex offense third degree and fourth degree in Maryland?
Submitted: 5 years ago.
Category: Legal
Expert:  Dave Kennett replied 5 years ago.
HiCustomer Thank you for asking your question on JustAnswer. The other Experts and I are working on your answer. By the way, it would help us to know:
Do you have the section numbers?

Thank you again for trusting us with your problem. Please reply as soon as possible so that we can finish answering your question.
Customer: replied 5 years ago.

Maryland Statue CR.3.307 and CR.3.308. I hope this helps.

Expert:  Dave Kennett replied 5 years ago.
I am going to send this to a MD expert who can help you better than I - Please be patient - Dave
Customer: replied 5 years ago.
Thank you very much for your time
Expert:  Sam replied 5 years ago.

hi

 

 

here are the laws - you can see how they differ. one is a weapon, kidnapping, etc

 

the other is a position of trust

 

 

§ 3-307. Sexual offense in the third degree.

(a) Prohibited.- A person may not:

(1) (i) engage in sexual contact with another without the consent of the other; and

(ii) 1. employ or display a dangerous weapon, or a physical object that the victim reasonably believes is a dangerous weapon;

2. suffocate, strangle, disfigure, or inflict serious physical injury on the victim or another in the course of committing the crime;

3. threaten, or place the victim in fear, that the victim, or an individual known to the victim, imminently will be subject to death, suffocation, strangulation, disfigurement, serious physical injury, or kidnapping; or

4. commit the crime while aided and abetted by another;

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

(3) engage in sexual contact with another if the victim is under the age of 14 years, and the person performing the sexual contact is at least 4 years older than the victim;

(4) engage in a sexual act with another if the victim is 14 or 15 years old, and the person performing the sexual act is at least 21 years old; or

(5) engage in vaginal intercourse with another if the victim is 14 or 15 years old, and the person performing the act is at least 21 years old.

(b) Penalty.- A person who violates this section is guilty of the felony of sexual offense in the third degree and on conviction is subject to imprisonment not exceeding 10 years.

 

 

§ 3-308. Sexual offense in the fourth degree.

(a) "Person in a position of authority" defined.- In this section, "person in a position of authority":

(1) means a person who:

(i) is at least 21 years old;

(ii) is employed as a full-time permanent employee by a public or private preschool, elementary school, or secondary school; and

(iii) because of the person's position or occupation, exercises supervision over a minor who attends the school; and

(2) includes a principal, vice principal, teacher, or school counselor at a public or private preschool, elementary school, or secondary school.

(b) Prohibited.- A person may not engage in:

(1) sexual contact with another without the consent of the other;

(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

(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.

(c) Sexual abuse of a minor student by a person in a position of authority.-

(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, is a student enrolled at a school where the person in a position of authority is employed.

(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, is a student enrolled at a school where the person in a position of authority is employed.

(d) Penalty.-

(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.

(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 through 3-312 or § 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.

(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.

 

 

 

 

 

Customer: replied 5 years ago.
If I may, if someone is charged with both are they subject to only the sentence not exceeding three years or would the 10 years plus 3 years as a maximum? I'm hoping the later!
Expert:  Sam replied 5 years ago.

hi

 

they can be charged with both - and if they are convicted of both, then the court can decide if the sentence should be concurrent or consecutive - or if one sentence should be suspended and the other given -

 

the only way there would be one or the other is if the person is only convicted of one or the other. the prosecutor can bring both, try both, and maybe only get a conviction on one - or they could get a conviction on both. sometimes, a plea is offered - usually to the lesser charge - in that case, the prosecutor would drop the other one and then the sentence for the lesser charge is given.

 

 

Sam, Attorney at Law
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Experience: 20 years of experience practicing law.
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