Maryland 2023 Regular Session

Maryland Senate Bill SB21

Introduced
1/11/23  
Refer
1/11/23  
Report Pass
3/16/23  
Engrossed
3/17/23  
Refer
3/20/23  

Caption

Criminal Law - Person in a Position of Authority - Sexual Offenses With a Minor

Impact

The implementation of SB21 will significantly alter the existing laws regarding the supervision and protection of minors in educational and recreational settings. By expanding the definition of who qualifies as a person in a position of authority, the bill closes potential legal loopholes that might otherwise allow inappropriate relationships between authority figures and minors. This change is intended to ensure that minors are afforded greater protection from sexual offenses, thereby reinforcing the legal standards around adult conduct in educational and caregiving contexts.

Summary

Senate Bill 21 proposes amendments to Maryland's criminal law concerning sexual offenses involving minors and individuals in positions of authority. Specifically, it redefines the criteria for what constitutes a person in a position of authority and establishes stricter prohibitions against sexual acts, contact, or intercourse between such individuals and minors who are enrolled in or participating in activities where the authority figure is involved. The bill aims to enhance protections for minors by clarifying and expanding the definitions and prohibitions against abuse by those in positions of trust and supervision.

Sentiment

General sentiment surrounding SB21 appears supportive, as legislators recognize the need for stricter laws to protect vulnerable populations, specifically minors, from sexual offenses. There is a consensus among proponents that the changes are necessary to prevent abuse and to hold accountable those who exploit their authority. However, some concerns were raised regarding the enforcement of these new definitions and whether they might inadvertently lead to misunderstandings or misapplications of the law in certain circumstances.

Contention

Notable points of contention surrounding SB21 include discussions about the potential implications for legitimate educational and caregiving interactions. Some critics are concerned that the broader definitions could criminalize non-abusive behaviors or interactions between authority figures and minors. Additionally, there are concerns about the burden of proof required in cases involving authority and the risk of imposing severe penalties without clear guidelines. These debates highlight the challenges of balancing necessary legal protections with ensuring fair treatment of individuals in positions of authority.

Companion Bills

MD HB226

Crossfiled Criminal Law - Person in a Position of Authority - Sexual Offenses With a Minor

MD SB49

Carry Over Criminal Law - Person in a Position of Authority - Sexual Offenses With a Minor

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