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What is the age of consent in Maryland. The situation

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involves a 14 year old...
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: 2 years ago.Category: Family Law
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10/25/2015
Family Lawyer: LegalGems, Lawyer replied 2 years ago
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 10,911
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A few minutes please as I look into this for you.

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Family Lawyer: LegalGems, Lawyer replied 2 years 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.

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Family Lawyer: LegalGems, Lawyer replied 2 years 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.

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Family Lawyer: LegalGems, Lawyer replied 2 years ago

Statute 3-301

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Customer reply replied 2 years ago
thank you
Family Lawyer: LegalGems, Lawyer replied 2 years ago

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

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Family Lawyer: LegalGems, Lawyer replied 2 years ago

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

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Family Lawyer: LegalGems, Lawyer replied 2 years ago

If you have no other questions on the above, kindly rate

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as positive customer satisfaction scores allow me as an individual contributor to remain in good standing on the site, so that I can continue to provide affordable legal information!

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