Age of Consent

Under Maryland law, certain sexual behaviors are prohibited solely based on the individuals' ages. Maryland law considers these sexual behaviors prohibited, regardless of whether there is consent.

In general, an individual can be convicted if the victim is under 16 and there is a 4-year age difference between the victim and the other individual. The law has stricter requirements for people in a position of authority, such as a teacher.

For simplicity, the following table only considers vaginal intercourse and only considers the simplest cases.  The crimes related to “sexual act” and “sexual contact” are listed below the table.  The crimes and penalties may be harsher if the victim did not consent if the victim was cognitively impaired, physically helpless, mentally incapacitated, or in other specific cases.  

Read the Law: Md. Code, Criminal Law § 3-301 - 15

Vaginal intercourse

See legal definition at Md. Code, Criminal Law 3-301(g).

• Victim under 14, Defendant 4 or more years older than victim
  • Criminal Charge: Second degree rape (felony)
  • Potential Sentence: Up to 20 years in prison
  • Read the Law: Md. Code, Criminal Law 3-304
• Victim aged 14-15, Defendant age 21 or older 
  • Criminal Charge: Third degree sexual offense (felony)
  • Potential Sentence: Up to 10 years in prison
  • Read the Law: Md. Code, Criminal Law 3-307
• Victim aged 14-15, Defendant 4 years older than victim, but under 21
  • Criminal Charge: Fourth degree sexual offense (misdemeanor)
  • Potential Sentence: Up to 1 year in prison and fined up to $1,000
  • Read the Law: Md. Code, Criminal Law 3-308

Sexual Act

Includes oral and anal sex, see legal definition at Md. Code, Criminal Law 3-301(d).

• Victim under 14, Defendant four years older than victim
  • Criminal Charge: Second degree sexual offense (felony)
  • Potential Sentence: Up to 20 years in prison
  • Read the Law: Md. Code, Criminal Law 3-304
• Victim aged 14-15, Defendant age 21 or older
  • Criminal Charge: Third degree sexual offense (felony)
  • Potential Sentence: Up to 10 years in prison
  • Read the Law: Md. Code, Criminal Law 3-307
• Victim aged 14-15, Defendant four years older than victim, but under 21 
  • Criminal Charge: Fourth degree sexual offense (misdemeanor)
  • Potential Sentence: Up to 1 year in prison and be fined up to $1,000
  • Read the Law: Md. Code, Criminal Law 3-308

Sexual Contact

Intentional touching of intimate areas for sexual pleasure or for abuse, see legal definition at Md. Code, Criminal Law 3-301(e).

• Victim under 14, Defendant four years older than victim 
  • Criminal Charge: Third degree sexual offense (felony)
  • Potential Sentence: Up to 10 years in prison
  • Read the Law: Md. Code, Criminal Law 3-307
     

Position of Authority 

A person in a position of authority who engages in a sexual act, sexual contact, or vaginal intercourse with a minor may be guilty of fourth degree sexual offense. The law defines a person in a position of authority as a person who is:

• At least age 21 and works for, or volunteers at, a public or private school (preschool, elementary, middle, or high school) 
• At least age 22 and works for, or volunteers at, a program designed for minors.

The law defines programs as:

• Sports, music, dance, art, or martial arts coaching or instruction
• Tutoring or academic enrichment
• Day care or after school care
• Scouting
• Day or overnight camp 
• Any unit of local, state, or federal government

These programs may be provided by an individual, a business, a religious institution, or an organization providing minors services or activities. 

For this law to apply, the minor victim must be enrolled in the school or program at the time of the sexual contact. If the person in a position of authority works for, or volunteers at a school, the individual can be found guilty regardless of the age difference between the individual and the victim. If the individual work for or volunteers as a program, they can be found guilty if if there is at least a 6-year age difference between themselves the the victim.   

Read the Law: Md. Code, Criminal Law 3-308