Maryland 2022 Regular Session

Maryland House Bill HB223 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	hb0223
6	6
7	7	HOUSE BILL 223
8	8	E1 2lr0777
9	9	CF SB 49
10	10	By: Delegate Love
11	11	Introduced and read first time: January 13, 2022
12	12	Assigned to: Judiciary
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Criminal Law – Person in a Position of Authority – Sexual Offenses With a 2
19	19	Minor 3
20	20
21	21	FOR the purpose of altering the definition of “person in a position of authority” for purposes 4
22	22	of a certain prohibition against engaging in a sexual act, sexual contact, or vaginal 5
23	23	intercourse with a certain minor; altering a certain prohibition against a certain 6
24	24	person in a position of authority from engaging in certain conduct to prohibit a 7
25	25	certain person in a position of authority from engaging in a sexual act, sexual contact, 8
26	26	or vaginal intercourse with a minor who is or was enrolled or participating in the 9
27	27	institution, program, or activity where the person in a position of authority is or was 10
28	28	employed or under contract; and generally relating to persons in a position of 11
29	29	authority and sexual offenses. 12
30	30
31	31	BY repealing and reenacting, with amendments, 13
32	32	Article – Criminal Law 14
33	33	Section 3–308 15
34	34	Annotated Code of Maryland 16
35	35	(2021 Replacement Volume and 2021 Supplement) 17
36	36
37	37	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18
38	38	That the Laws of Maryland read as follows: 19
39	39
40	40	Article – Criminal Law 20
41	41
42	42	3–308. 21
43	43
44	44	(a) In this section, “person in a position of authority”: 22
45	45
46	46	(1) means a person who: 23
47	47
48	48	(i) is at least 21 years old; 24 2 HOUSE BILL 223
49	49
50	50
51	51
52	52	(ii) is employed by or under contract with: 1
53	53
54	54	1. a public or private preschool, elementary school, or 2
55	55	secondary school; 3
56	56
57	57	2. A CHILD CARE FACILIT Y, INCLUDING AN 4
58	58	AFTER–SCHOOL PROGRAM ; 5
59	59
60	60	3. A COMMERCIAL OR NONP ROFIT INSTRUCTIONAL 6
61	61	PROGRAM FOR MUSIC , DANCE, ART, TUTORING, ACADEMIC ENRICHMENT , MARTIAL 7
62	62	ARTS, OR A PROGRAM WITH A SIMILAR PURPOSE ; 8
63	63
64	64	4. A SPORTS, SCOUTING, OR RECREATIONAL ACTI VITY 9
65	65	OR PROGRAM ; 10
66	66
67	67	5. A DAY OR OVERNIGHT C AMP; 11
68	68
69	69	6. A RELIGIOUS INSTITUT ION; OR 12
70	70
71	71	7. ANY UNIT OF LOCAL , STATE, OR FEDERAL 13
72	72	GOVERNMENT ; and 14
73	73
74	74	(iii) because of the person’s position or occupation, exercises 15
75	75	supervision over a minor who attends [the school] OR PARTICIPATES IN A N 16
76	76	INSTITUTION, A PROGRAM, OR AN ACTIVITY INCLU DED IN ITEM (II) OF THIS ITEM OR 17
77	77	OPERATED BY ANY UNIT OF LOCAL, STATE, OR FEDERAL GOVERNMEN T; and 18
78	78
79	79	(2) includes [a principal, vice principal, teacher, coach, or school counselor 19
80	80	at a public or private preschool, elementary school, or secondary school] AN INDIVIDUAL 20
81	81	WHO: 21
82	82
83	83	(I) IS UNDER CONTRACT WI TH OR IS A VOLUNTEER , AN INTERN, 22
84	84	OR A PAID EMPLOYEE O F AN INSTITUTION, A PROGRAM, OR AN ACTIVITY INCLU DED 23
85	85	IN ITEM (1)(II) OF THIS SUBSECTION A ND WHO, IN THAT CAPACITY , DIRECTS OR 24
86	86	SUPERVISES MINORS EN ROLLED OR PARTICIPAT ING IN THE INSTITUTI ON, 25
87	87	PROGRAM, OR ACTIVITY; OR 26
88	88
89	89	(II) SUPERVISES ONE OR MO RE PERSONS IN A POSI TION OF 27
90	90	AUTHORITY WITHIN THE INSTITUTION, PROGRAM, OR ACTIVITY. 28
91	91
92	92	(b) A person may not engage in: 29
93	93
94	94	(1) sexual contact with another without the consent of the other; 30 HOUSE BILL 223 3
95	95
96	96
97	97
98	98	(2) except as provided in § 3–307(a)(4) of this subtitle, a sexual act with 1
99	99	another if the victim is 14 or 15 years old, and the person performing the sexual act is at 2
100	100	least 4 years older than the victim; or 3
101	101
102	102	(3) except as provided in § 3–307(a)(5) of this subtitle, vaginal intercourse 4
103	103	with another if the victim is 14 or 15 years old, and the person performing the act is at least 5
104	104	4 years older than the victim. 6
105	105
106	106	(c) (1) Except as provided in § 3–307(a)(4) of this subtitle or subsection (b)(2) 7
107	107	of this section, a person in a position of authority may not engage in a sexual act [or], sexual 8
108	108	contact, OR VAGINAL INTERCOUR SE with a minor who[,]: 9
109	109
110	110	(I) at the time of the sexual act or sexual contact, is [a student 10
111	111	enrolled at a school] ENROLLED OR PARTICIP ATING IN THE INSTITU TION, PROGRAM, 11
112	112	OR ACTIVITY where the person in a position of authority is employed OR UNDER 12
113	113	CONTRACT; OR 13
114	114
115	115	(II) WAS PREVIOUSLY ENROL LED OR PARTICIPATING IN THE 14
116	116	INSTITUTION, PROGRAM, OR ACTIVITY AT THE S AME TIME THE PERSON IN A 15
117	117	POSITION OF AUTHORIT Y WAS EMPLOYED OR UN DER CONTRACT AT THE 16
118	118	INSTITUTION, PROGRAM, OR ACTIVITY. 17
119	119
120	120	(2) Except as provided in § 3–307(a)(5) of this subtitle or subsection (b)(3) 18
121	121	of this section, a person in a position of authority may not engage in vaginal intercourse 19
122	122	with a minor who, at the time of the vaginal intercourse, is a student enrolled at a school 20
123	123	where the person in a position of authority is employed. 21
124	124
125	125	(d) (1) Except as provided in paragraph (2) of this subsection, a person who 22
126	126	violates this section is guilty of the misdemeanor of sexual offense in the fourth degree and 23
127	127	on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $1,000 24
128	128	or both. 25
129	129
130	130	(2) (i) On conviction of a violation of this section, a person who has been 26
131	131	convicted on a prior occasion not arising from the same incident of a violation of § 3–303, § 27
132	132	3–304, §§ 3–307 through 3–310 of this subtitle, § 3–311 or § 3–312 of this subtitle as the 28
133	133	sections existed before October 1, 2017, § 3–315 of this subtitle, or § 3–602 of this title is 29
134	134	subject to imprisonment not exceeding 3 years or a fine not exceeding $1,000 or both. 30
135	135
136	136	(ii) If the State intends to proceed against a person under 31
137	137	subparagraph (i) of this paragraph, it shall comply with the procedures set forth in the 32
138	138	Maryland Rules for the indictment and trial of a subsequent offender. 33
139	139
140	140	(E) UNLESS SPECIFICALLY C HARGED BY THE STATE, A VIOLATION OF THIS 34
141	141	SECTION MAY NOT BE C ONSIDERED A LE SSER INCLUDED CRIME OF ANY OTHER 35
142	142	CRIME. 36 4 HOUSE BILL 223
143	143
144	144
145	145
146	146	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 1
147	147	October 1, 2022. 2
148	148
149	149