ROBERT L. EHRLICH, JR., Governor                             Ch. 217

FOR the purpose of altering the establishing a penalty for a person convicted of a
sexual offense in the fourth degree if the person is an offender required to
register as a sexual offender for a prior crime has previously committed a
certain offense not arising out of the same incident; and generally relating to
sexual crimes.

BY repealing and reenacting, with amendments,
Article - Criminal Law
Section 3-308

Annotated Code of Maryland
(2002 Volume and 2003 Supplement)

BY repealing and reenacting, without amendments,
Article—Criminal Procedure

Section 11-701(a), (b), (d), (f), (g), and (h) and 11-704(a)
Annotated Code of Maryland
(2001 Volume and 2003 Supplement)

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

Article - Criminal Law

3-308.

(a)     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.

(b)     (1) [A] 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) AN OFFENDER REQUIRED TO REGISTER UNDER § 11-704 OF THE
CRIMINAL PROCEDURE ARTICLE WHO SUBSEQUENTLY VIOLATES THIS SECTION IS
GUILTY OF THE MISDEMEANOR OF SEXUAL OFFENSE IN THE FOURTH DEGREE AND
ON CONVICTION 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 5 3 YEARS
OR A FINE NOT EXCEEDING $1,000 OR BOTH.

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