Maryland 2022 Regular Session

Maryland Senate Bill SB49 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 MATTER ADDED TO EXIS TING LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	sb0049
6	6
7	7	SENATE BILL 49
8	8	E1 2lr0776
9	9	HB 223/21 – JUD (PRE–FILED) CF 2lr0777
10	10	By: Senator West
11	11	Requested: October 15, 2021
12	12	Introduced and read first time: January 12, 2022
13	13	Assigned to: Judicial Proceedings
14	14
15	15	A BILL ENTITLED
16	16
17	17	AN ACT concerning 1
18	18
19	19	Criminal Law – Person in a Position of Authority – Sexual Offenses With a 2
20	20	Minor 3
21	21
22	22	FOR the purpose of altering the definition of “person in a position of authority” for purposes 4
23	23	of a certain prohibition against engaging in a sexual act, sexual contact, or vaginal 5
24	24	intercourse with a certain minor; altering a certain prohibition against a certain 6
25	25	person in a position of authority from engaging in certain conduct to prohibit a 7
26	26	certain person in a position of authority from engaging in a sexual act, sexual contact, 8
27	27	or vaginal intercourse with a minor who is or was enrolled or participating in the 9
28	28	institution, program, or activity where the person in a position of authority is or was 10
29	29	employed or under contract; and generally relating to persons in a position of 11
30	30	authority and sexual offenses. 12
31	31
32	32	BY repealing and reenacting, with amendments, 13
33	33	Article – Criminal Law 14
34	34	Section 3–308 15
35	35	Annotated Code of Maryland 16
36	36	(2021 Replacement Volume and 2021 Supplement) 17
37	37
38	38	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18
39	39	That the Laws of Maryland read as follows: 19
40	40
41	41	Article – Criminal Law 20
42	42
43	43	3–308. 21
44	44
45	45	(a) In this section, “person in a position of authority”: 22
46	46
47	47	(1) means a person who: 23
48	48	2 SENATE BILL 49
49	49
50	50
51	51	(i) is at least 21 years old; 1
52	52
53	53	(ii) is employed by or under contract with: 2
54	54
55	55	1. a public or private preschool, elementary school, or 3
56	56	secondary school; 4
57	57
58	58	2. A CHILD CARE FACILIT Y, INCLUDING AN 5
59	59	AFTER–SCHOOL PROGRAM ; 6
60	60
61	61	3. A COMMERCIAL OR NONP ROFIT INSTRUCTIONAL 7
62	62	PROGRAM FOR MUSIC , DANCE, ART, TUTORING, ACADEMIC ENRICHMENT , MARTIAL 8
63	63	ARTS, OR A PROGRAM WITH A SIMILAR PURPOSE ; 9
64	64
65	65	4. A SPORTS, SCOUTING, OR RECREATIONAL ACTI VITY 10
66	66	OR PROGRAM ; 11
67	67
68	68	5. A DAY OR OVERNIGHT C AMP; 12
69	69
70	70	6. A RELIGIOUS INSTITUT ION; OR 13
71	71
72	72	7. ANY UNIT OF LOCAL , STATE, OR FEDERAL 14
73	73	GOVERNMENT ; and 15
74	74
75	75	(iii) because of the person’s position or occupation, exercises 16
76	76	supervision over a minor who attends [the school] OR PARTICIPATES IN A N 17
77	77	INSTITUTION, A PROGRAM, OR AN ACTIVITY INCLU DED IN ITEM (II) OF THIS ITEM OR 18
78	78	OPERATED BY ANY UNIT OF LOCAL, STATE, OR FEDERAL GOVERNMEN T; and 19
79	79
80	80	(2) includes [a principal, vice principal, teacher, coach, or school counselor 20
81	81	at a public or private preschool, elementary school, or secondary school] AN INDIVIDUAL 21
82	82	WHO: 22
83	83
84	84	(I) IS UNDER CONTRACT WI TH OR IS A VOLUNTEER , AN INTERN, 23
85	85	OR A PAID EMPLOYEE O F AN INSTITUTION, A PROGRAM, OR AN ACTIVITY INCLU DED 24
86	86	IN ITEM (1)(II) OF THIS SUBSECTION A ND WHO, IN THAT CAPACITY , DIRECTS OR 25
87	87	SUPERVISES MINORS EN ROLLED OR PARTICIPAT ING IN THE INSTITUTI ON, 26
88	88	PROGRAM, OR ACTIVITY; OR 27
89	89
90	90	(II) SUPERVISES ONE OR MO RE PERSONS IN A POSI TION OF 28
91	91	AUTHORITY WITHIN THE INSTITUTION, PROGRAM, OR ACTIVITY. 29
92	92
93	93	(b) A person may not engage in: 30
94	94	SENATE BILL 49 3
95	95
96	96
97	97	(1) sexual contact with another without the consent of the other; 1
98	98
99	99	(2) except as provided in § 3–307(a)(4) of this subtitle, a sexual act with 2
100	100	another if the victim is 14 or 15 years old, and the person performing the sexual act is at 3
101	101	least 4 years older than the victim; or 4
102	102
103	103	(3) except as provided in § 3–307(a)(5) of this subtitle, vaginal intercourse 5
104	104	with another if the victim is 14 or 15 years old, and the person performing the act is at least 6
105	105	4 years older than the victim. 7
106	106
107	107	(c) (1) Except as provided in § 3–307(a)(4) of this subtitle or subsection (b)(2) 8
108	108	of this section, a person in a position of authority may not engage in a sexual act [or], sexual 9
109	109	contact, OR VAGINAL INTERCOUR SE with a minor who[,]: 10
110	110
111	111	(I) at the time of the sexual act or sexual contact, is [a student 11
112	112	enrolled at a school] ENROLLED OR PARTICIP ATING IN THE INSTITU TION, PROGRAM, 12
113	113	OR ACTIVITY where the person in a position of authority is employed OR UNDER 13
114	114	CONTRACT; OR 14
115	115
116	116	(II) WAS PREVIOUSLY EN ROLLED OR PARTICIPAT ING IN THE 15
117	117	INSTITUTION, PROGRAM, OR ACTIVITY AT THE S AME TIME THE PERSON IN A 16
118	118	POSITION OF AUTHORITY WAS EMPLOY ED OR UNDER CONTRACT AT THE 17
119	119	INSTITUTION, PROGRAM, OR ACTIVITY. 18
120	120
121	121	(2) Except as provided in § 3–307(a)(5) of this subtitle or subsection (b)(3) 19
122	122	of this section, a person in a position of authority may not engage in vaginal intercourse 20
123	123	with a minor who, at the time of the vaginal intercourse, is a student enrolled at a school 21
124	124	where the person in a position of authority is employed. 22
125	125
126	126	(d) (1) Except as provided in paragraph (2) of this subsection, a person who 23
127	127	violates this section is guilty of the misdemeanor of sexual offense in the fourth degree and 24
128	128	on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $1,000 25
129	129	or both. 26
130	130
131	131	(2) (i) On conviction of a violation of this section, a person who has been 27
132	132	convicted on a prior occasion not arising from the same incident of a violation of § 3–303, § 28
133	133	3–304, §§ 3–307 through 3–310 of this subtitle, § 3–311 or § 3–312 of this subtitle as the 29
134	134	sections existed before October 1, 2017, § 3–315 of this subtitle, or § 3–602 of this title is 30
135	135	subject to imprisonment not exceeding 3 years or a fine not exceeding $1,000 or both. 31
136	136
137	137	(ii) If the State intends to proceed against a person under 32
138	138	subparagraph (i) of this paragraph, it shall comply with the procedures set forth in the 33
139	139	Maryland Rules for the indictment and trial of a subsequent offender. 34
140	140
141	141	(E) UNLESS SPECIFICALLY C HARGED BY THE STATE, A VIOLATION OF THIS 35
142	142	SECTION MAY NOT BE CONSIDERED A LESSER INCLUDED CRIM E OF ANY OTHER 36 4 SENATE BILL 49
143	143
144	144
145	145	CRIME. 1
146	146
147	147	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 2
148	148	October 1, 2022. 3
149	149