EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXIS TING LAW.
[Brackets] indicate matter deleted from existing law.
*sb0049*
SENATE BILL 49
E1 2lr0776
HB 223/21 – JUD (PRE–FILED) CF 2lr0777
By: Senator West
Requested: October 15, 2021
Introduced and read first time: January 12, 2022
Assigned to: Judicial Proceedings
A BILL ENTITLED
AN ACT concerning 1
Criminal Law – Person in a Position of Authority – Sexual Offenses With a 2
Minor 3
FOR the purpose of altering the definition of “person in a position of authority” for purposes 4
of a certain prohibition against engaging in a sexual act, sexual contact, or vaginal 5
intercourse with a certain minor; altering a certain prohibition against a certain 6
person in a position of authority from engaging in certain conduct to prohibit a 7
certain person in a position of authority from engaging in a sexual act, sexual contact, 8
or vaginal intercourse with a minor who is or was enrolled or participating in the 9
institution, program, or activity where the person in a position of authority is or was 10
employed or under contract; and generally relating to persons in a position of 11
authority and sexual offenses. 12
BY repealing and reenacting, with amendments, 13
Article – Criminal Law 14
Section 3–308 15
Annotated Code of Maryland 16
(2021 Replacement Volume and 2021 Supplement) 17
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18
That the Laws of Maryland read as follows: 19
Article – Criminal Law 20
3–308. 21
(a) In this section, “person in a position of authority”: 22
(1) means a person who: 23
2 SENATE BILL 49
(i) is at least 21 years old; 1
(ii) is employed by or under contract with: 2
1. a public or private preschool, elementary school, or 3
secondary school; 4
2. A CHILD CARE FACILIT Y, INCLUDING AN 5
AFTER–SCHOOL PROGRAM ; 6
3. A COMMERCIAL OR NONP ROFIT INSTRUCTIONAL 7
PROGRAM FOR MUSIC , DANCE, ART, TUTORING, ACADEMIC ENRICHMENT , MARTIAL 8
ARTS, OR A PROGRAM WITH A SIMILAR PURPOSE ; 9
4. A SPORTS, SCOUTING, OR RECREATIONAL ACTI VITY 10
OR PROGRAM ; 11
5. A DAY OR OVERNIGHT C AMP; 12
6. A RELIGIOUS INSTITUT ION; OR 13
7. ANY UNIT OF LOCAL , STATE, OR FEDERAL 14
GOVERNMENT ; and 15
(iii) because of the person’s position or occupation, exercises 16
supervision over a minor who attends [the school] OR PARTICIPATES IN A N 17
INSTITUTION, A PROGRAM, OR AN ACTIVITY INCLU DED IN ITEM (II) OF THIS ITEM OR 18
OPERATED BY ANY UNIT OF LOCAL, STATE, OR FEDERAL GOVERNMEN T; and 19
(2) includes [a principal, vice principal, teacher, coach, or school counselor 20
at a public or private preschool, elementary school, or secondary school] AN INDIVIDUAL 21
WHO: 22
(I) IS UNDER CONTRACT WI TH OR IS A VOLUNTEER , AN INTERN, 23
OR A PAID EMPLOYEE O F AN INSTITUTION, A PROGRAM, OR AN ACTIVITY INCLU DED 24
IN ITEM (1)(II) OF THIS SUBSECTION A ND WHO, IN THAT CAPACITY , DIRECTS OR 25
SUPERVISES MINORS EN ROLLED OR PARTICIPAT ING IN THE INSTITUTI ON, 26
PROGRAM, OR ACTIVITY; OR 27
(II) SUPERVISES ONE OR MO RE PERSONS IN A POSI TION OF 28
AUTHORITY WITHIN THE INSTITUTION, PROGRAM, OR ACTIVITY. 29
(b) A person may not engage in: 30
SENATE BILL 49 3
(1) sexual contact with another without the consent of the other; 1
(2) except as provided in § 3–307(a)(4) of this subtitle, a sexual act with 2
another if the victim is 14 or 15 years old, and the person performing the sexual act is at 3
least 4 years older than the victim; or 4
(3) except as provided in § 3–307(a)(5) of this subtitle, vaginal intercourse 5
with another if the victim is 14 or 15 years old, and the person performing the act is at least 6
4 years older than the victim. 7
(c) (1) Except as provided in § 3–307(a)(4) of this subtitle or subsection (b)(2) 8
of this section, a person in a position of authority may not engage in a sexual act [or], sexual 9
contact, OR VAGINAL INTERCOUR SE with a minor who[,]: 10
(I) at the time of the sexual act or sexual contact, is [a student 11
enrolled at a school] ENROLLED OR PARTICIP ATING IN THE INSTITU TION, PROGRAM, 12
OR ACTIVITY where the person in a position of authority is employed OR UNDER 13
CONTRACT; OR 14
(II) WAS PREVIOUSLY EN ROLLED OR PARTICIPAT ING IN THE 15
INSTITUTION, PROGRAM, OR ACTIVITY AT THE S AME TIME THE PERSON IN A 16
POSITION OF AUTHORITY WAS EMPLOY ED OR UNDER CONTRACT AT THE 17
INSTITUTION, PROGRAM, OR ACTIVITY. 18
(2) Except as provided in § 3–307(a)(5) of this subtitle or subsection (b)(3) 19
of this section, a person in a position of authority may not engage in vaginal intercourse 20
with a minor who, at the time of the vaginal intercourse, is a student enrolled at a school 21
where the person in a position of authority is employed. 22
(d) (1) Except as provided in paragraph (2) of this subsection, a person who 23
violates this section is guilty of the misdemeanor of sexual offense in the fourth degree and 24
on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $1,000 25
or both. 26
(2) (i) On conviction of a violation of this section, a person who has been 27
convicted on a prior occasion not arising from the same incident of a violation of § 3–303, § 28
3–304, §§ 3–307 through 3–310 of this subtitle, § 3–311 or § 3–312 of this subtitle as the 29
sections existed before October 1, 2017, § 3–315 of this subtitle, or § 3–602 of this title is 30
subject to imprisonment not exceeding 3 years or a fine not exceeding $1,000 or both. 31
(ii) If the State intends to proceed against a person under 32
subparagraph (i) of this paragraph, it shall comply with the procedures set forth in the 33
Maryland Rules for the indictment and trial of a subsequent offender. 34
(E) UNLESS SPECIFICALLY C HARGED BY THE STATE, A VIOLATION OF THIS 35
SECTION MAY NOT BE CONSIDERED A LESSER INCLUDED CRIM E OF ANY OTHER 36 4 SENATE BILL 49
CRIME. 1
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 2
October 1, 2022. 3