Maryland § 3-308

§ 3-308.

    (a)    (1)    In this section the following words have the meanings indicated.

        (2)    (i)    “Person in a position of authority” means a person who:

                1.    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

                B.    is at least 22 years old and works for remuneration or as a volunteer for a program; and

                2.    exercises supervision over or works or interacts with one or more minors who attend the school or participate in the program.

            (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.

        (3)    “Program” means:

            (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:

                1.    sports, music, dance, art, or martial arts coaching or instruction;

                2.    tutoring or academic enrichment;

                3.    day care or after school care;

                4.    scouting; or

                5.    day or overnight camping; or

            (ii)    any unit of local, State, or federal government.

    (b)    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)    (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:

            (i)    is a student enrolled at a school where the person in a position of authority works; or

            (ii)    1.    is participating in a program for which the person in a position of authority works; and

                2.    is at least 6 years younger than the person in a position of authority.

        (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:

            (i)    is a student enrolled at a school where the person in a position of authority works; or

            (ii)    1.    is participating in a program for which the person in a position of authority works; and

                2.    is at least 6 years younger than the person in a position of authority.

    (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.

        (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.

            (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.

    (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.

        (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.