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Ch. 317
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2006 LAWS OF MARYLAND
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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) 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.
(a) 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) 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
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