Fourth Degree Sex Offense

misdemeanor or felony?

There are several levels of sexual offense cases, but Fourth Degree is a misdemeanor. However, it carries a possible substantial prison term and fines, and is taken very seriously by prosecutors. You may also be required to register as a sexual offender, which can burden you for many years. Call or email today, your future may depend on it!

WHAT's the first step?

If you were arrested or issued a summons for a sexual assault, you want to act quickly to gather evidence and prepare a defense. Call Mr. Cleckner for a free consultation over the telephone or to set up an in-person appointment, and he will answer any questions you have.

NOT SURE WHAT YOU NEED TO DO?

A conviction can cause serious problems. We'd be happy to discuss your options with you. We handle all facets of criminal and jailable traffic defense, and if we can't answer your questions, we'll do some research or find someone who can answer them.

 

4th Degree Sex Offense Law

 

Fourth Degree Sex Offense

CRIMINAL LAW TITLE 3. OTHER CRIMES AGAINST THE PERSON SUBTITLE 3. SEXUAL CRIMES Md. CRIMINAL LAW Code Ann. § 3-308 (2014) § 3-308. Sexual offense in the fourth degree (a) "Person in a position of authority" defined. -- 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) Prohibited. -- 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) Sexual abuse of a minor student by a person in a position of authority. -- (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, is a student enrolled at a school where the person in a position of authority is employed. (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, is a student enrolled at a school where the person in a position of authority is employed. (d) Penalty. -- (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 through 3-312 or § 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. HISTORY: An. Code 1957, art. 27, § 464C; 2002, ch. 26, § 2; 2004, ch. 217; 2006, ch. 317; 2011, chs. 192, 193.

 

 

Email: SexOffense_4th@NotGuiltyMaryland.com