WILLIAM DONALD SCHAEFER, Governor Ch. 604

any crime of physical violence, and a conviction is also entered for child abuse, a
court may impose a sentence for the other offenses separate from and consecutive
to or concurrent with a sentence imposed for child abuse; and generally relating to
penalties for child abuse.

BY repealing and reenacting, with amendments,
Article 27 - Crimes and Punishments
Section 35A

Annotated Code of Maryland
(1987 Replacement Volume and 1989 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article 27 - Crimes and Punishments

35A.

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

(2) "Abuse" means:

(i) The sustaining of physical injury by a child as a result of cruel or
inhumane treatment or as a result of a malicious act by any parent or other person who
has permanent or temporary care or custody or responsibility for supervision of a child
under circumstances that indicate that the child's health or welfare is harmed or
threatened thereby; or

(ii) Sexual abuse of a child, whether physical injuries are sustained or
not,

(3) "Child" means any individual under the age of 18 years.

(4) (i) "Sexual abuse" means any act that involves sexual molestation or
exploitation of a child by a parent or other person who has permanent or temporary
care or custody or responsibility for supervison of a child.

(ii) "Sexual abuse" includes, but is not limited to:

1. Incest, rape, or sexual offense in any degree;

2. Sodomy; and

3. Unnatural or perverted sexual practices.

(b) (1) A parent or other person who has permanent or temporary care or
custody or responsibility for the supervision of a child who causes abuse to the child is
guilty of a felony and on conviction is subject to imprisonment in the penitentiary not
exceeding 15 years.

(2) THE SENTENCE IMPOSED UNDER THIS SECTION MAY BE
IMPOSED SEPARATE FROM AND CONSECUTIVE TO OR CONCURRENT

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