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Maryland House Bill HB1350

Maryland 2025 Regular Session

Maryland House Bill HB1350 Compare Versions

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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LAW .
44 [Brackets] indicate matter deleted from existing law.
5- Underlining indicates amendments to bill.
6- Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7-amendment.
85 *hb1350*
96
107 HOUSE BILL 1350
118 E1 5lr3218
129
1310 By: Delegates Arikan, Embry, Grammer, Kaufman, Nkongolo, Pasteur, Taylor,
1411 Tomlinson, and Valentine
1512 Introduced and read first time: February 7, 2025
1613 Assigned to: Judiciary
17-Committee Report: Favorable
18-House action: Adopted
19-Read second time: March 4, 2025
2014
21-CHAPTER ______
15+A BILL ENTITLED
2216
2317 AN ACT concerning 1
2418
2519 Criminal Law – Fourth Degree Sexual Offense – Out–of–State Convictions 2
2620
2721 FOR the purpose of providing that a specified conviction from another state or a federal, 3
2822 military, or Native American tribal court may serve as a predicate crime for a 4
2923 specified enhanced penalty for certain repeat sex offenders; and generally relating to 5
3024 fourth degree sexual offenses. 6
3125
3226 BY repealing and reenacting, with amendments, 7
3327 Article – Criminal Law 8
3428 Section 3–308 9
3529 Annotated Code of Maryland 10
3630 (2021 Replacement Volume and 2024 Supplement) 11
3731
3832 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12
3933 That the Laws of Maryland read as follows: 13
4034
4135 Article – Criminal Law 14
4236
4337 3–308. 15
4438
4539 (a) (1) In this section the following words have the meanings indicated. 16
4640
4741 (2) (i) “Person in a position of authority” means a person who: 17
48- 2 HOUSE BILL 1350
42+
43+ 1. A. is at least 21 years old and works for remuneration 18
44+or as a volunteer for a public or private preschool, elementary school, or secondary school; 19
45+or 20
46+
47+ B. is at least 22 years old and works for remuneration or as a 21
48+volunteer for a program; and 22 2 HOUSE BILL 1350
4949
5050
51- 1. A. is at least 21 years old and works for remuneration 1
52-or as a volunteer for a public or private preschool, elementary school, or secondary school; 2
53-or 3
5451
55- B. is at least 22 years old and works for remuneration or as a 4
56-volunteer for a program; and 5
52+ 2. exercises supervision over or works or interacts with one 1
53+or more minors who attend the school or participate in the program. 2
5754
58- 2. exercises supervision over or works or interacts with one 6
59-or more minors who attend the school or participate in the program. 7
55+ (ii) “Person in a position of authority” includes a principal, vice 3
56+principal, teacher, coach, or school counselor at a public or private preschool, elementary 4
57+school, or secondary school. 5
6058
61- (ii) “Person in a position of authority” includes a principal, vice 8
62-principal, teacher, coach, or school counselor at a public or private preschool, elementary 9
63-school, or secondary school. 10
59+ (3) “Program” means: 6
6460
65- (3) “Program” means: 11
61+ (i) an individual, a business, a religious or faith–based institution, 7
62+or an organization that provides, on a for–profit or nonprofit basis, instructional, coaching, 8
63+recreational, spiritual, character–building, or supervisory services or activities for minors, 9
64+including: 10
6665
67- (i) an individual, a business, a religious or faith–based institution, 12
68-or an organization that provides, on a for–profit or nonprofit basis, instructional, coaching, 13
69-recreational, spiritual, character–building, or supervisory services or activities for minors, 14
70-including: 15
66+ 1. sports, music, dance, art, or martial arts coaching or 11
67+instruction; 12
7168
72- 1. sports, music, dance, art, or martial arts coaching or 16
73-instruction; 17
69+ 2. tutoring or academic enrichment; 13
7470
75- 2. tutoring or academic enrichment; 18
71+ 3. day care or after school care; 14
7672
77- 3. day care or after school care; 19
73+ 4. scouting; or 15
7874
79- 4. scouting; or 20
75+ 5. day or overnight camping; or 16
8076
81- 5. day or overnight camping; or 21
77+ (ii) any unit of local, State, or federal government. 17
8278
83- (ii) any unit of local, State, or federal government. 22
79+ (b) A person may not engage in: 18
8480
85- (b) A person may not engage in: 23
81+ (1) sexual contact with another without the consent of the other; 19
8682
87- (1) sexual contact with another without the consent of the other; 24
83+ (2) except as provided in § 3–307(a)(4) of this subtitle, a sexual act with 20
84+another if the victim is 14 or 15 years old, and the person performing the sexual act is at 21
85+least 4 years older than the victim; or 22
8886
89- (2) except as provided in § 3–307(a)(4) of this subtitle, a sexual act with 25
90-another if the victim is 14 or 15 years old, and the person performing the sexual act is at 26
91-least 4 years older than the victim; or 27
87+ (3) except as provided in § 3–307(a)(5) of this subtitle, vaginal intercourse 23
88+with another if the victim is 14 or 15 years old, and the person performing the act is at least 24
89+4 years older than the victim. 25
9290
93- (3) except as provided in § 3–307(a)(5) of this subtitle, vaginal intercourse 28
94-with another if the victim is 14 or 15 years old, and the person performing the act is at least 29
95-4 years older than the victim. 30
91+ (c) (1) Except as provided in § 3–307(a)(4) of this subtitle or subsection (b)(2) 26
92+of this section, a person in a position of authority may not engage in a sexual act or sexual 27
93+contact with a minor who, at the time of the sexual act or sexual contact: 28
94+
95+ (i) is a student enrolled at a school where the person in a position of 29
96+authority works; or 30
9697 HOUSE BILL 1350 3
9798
9899
99- (c) (1) Except as provided in § 3–307(a)(4) of this subtitle or subsection (b)(2) 1
100-of this section, a person in a position of authority may not engage in a sexual act or sexual 2
101-contact with a minor who, at the time of the sexual act or sexual contact: 3
100+ (ii) 1. is participating in a program for which the person in a 1
101+position of authority works; and 2
102102
103- (i) is a student enrolled at a school where the person in a position of 4
104-authority works; or 5
103+ 2. is at least 6 years younger than the person in a position of 3
104+authority. 4
105105
106- (ii) 1. is participating in a program for which the person in a 6
107-position of authority works; and 7
106+ (2) Except as provided in § 3–307(a)(5) of this subtitle or subsection (b)(3) 5
107+of this section, a person in a position of authority may not engage in vaginal intercourse 6
108+with a minor who, at the time of the vaginal intercourse: 7
108109
109- 2. is at least 6 years younger than the person in a position of 8
110-authority. 9
110+ (i) is a student enrolled at a school where the person in a position of 8
111+authority works; or 9
111112
112- (2) Except as provided in § 3–307(a)(5) of this subtitle or subsection (b)(3) 10
113-of this section, a person in a position of authority may not engage in vaginal intercourse 11
114-with a minor who, at the time of the vaginal intercourse: 12
113+ (ii) 1. is participating in a program for which the person in a 10
114+position of authority works; and 11
115115
116- (i) is a student enrolled at a school where the person in a position of 13
117-authority works; or 14
116+ 2. is at least 6 years younger than the person in a position of 12
117+authority. 13
118118
119- (ii) 1. is participating in a program for which the person in a 15
120-position of authority works; and 16
119+ (d) (1) Except as provided in paragraph (2) of this subsection, a person who 14
120+violates this section is guilty of the misdemeanor of sexual offense in the fourth degree and 15
121+on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $1,000 16
122+or both. 17
121123
122- 2. is at least 6 years younger than the person in a position of 17
123-authority. 18
124+ (2) (i) On conviction of a violation of this section, a person [who] IS 18
125+SUBJECT TO IMPRISONM ENT NOT EXCEEDING 3 YEARS OR A FINE NOT EXCEEDING 19
126+$1,000 OR BOTH IF THE PERSO N has been convicted on a prior occasion not arising from 20
127+the same incident: 21
124128
125- (d) (1) Except as provided in paragraph (2) of this subsection, a person who 19
126-violates this section is guilty of the misdemeanor of sexual offense in the fourth degree and 20
127-on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $1,000 21
128-or both. 22
129+ 1. of a violation of § 3–303, § 3–304, §§ 3–307 through 3–310 22
130+of this subtitle, § 3–311 or § 3–312 of this subtitle as the sections existed before October 1, 23
131+2017, § 3–315 of this subtitle, or § 3–602 of this title [is subject to imprisonment not 24
132+exceeding 3 years or a fine not exceeding $1,000 or both]; OR 25
129133
130- (2) (i) On conviction of a violation of this section, a person [who] IS 23
131-SUBJECT TO IMPRISONM ENT NOT EXCEEDING 3 YEARS OR A FINE NOT EXCEEDING 24
132-$1,000 OR BOTH IF THE PERSO N has been convicted on a prior occasion not arising from 25
133-the same incident: 26
134+ 2. IN ANOTHER STATE OR IN A FEDERAL, MILITARY, OR 26
135+NATIVE AMERICAN TRIBAL COURT OF A CRIME THAT, IF COMMITTED IN THIS STATE, 27
136+WOULD CONSTITUTE A V IOLATION OF § 3–303, § 3–304, §§ 3–307 THROUGH 3–310 OF 28
137+THIS SUBTITLE, § 3–311 OR § 3–312 OF THIS SUBTITLE AS THE SECTIONS EXISTED 29
138+BEFORE OCTOBER 1, 2017, § 3–315 OF THIS SUBTITLE, OR § 3–602 OF THIS TITLE. 30
134139
135- 1. of a violation of § 3–303, § 3–304, §§ 3–307 through 3–310 27
136-of this subtitle, § 3–311 or § 3–312 of this subtitle as the sections existed before October 1, 28
137-2017, § 3–315 of this subtitle, or § 3–602 of this title [is subject to imprisonment not 29
138-exceeding 3 years or a fine not exceeding $1,000 or both]; OR 30
140+ (ii) If the State intends to proceed against a person under 31
141+subparagraph (i) of this paragraph, it shall comply with the procedures set forth in the 32
142+Maryland Rules for the indictment and trial of a subsequent offender. 33
139143
140- 2. IN ANOTHER STATE OR IN A FEDERAL, MILITARY, OR 31
141-NATIVE AMERICAN TRIBAL COURT OF A CRIME THAT, IF COMMITTED IN THIS STATE, 32
142-WOULD CONSTITUTE A V IOLATION OF § 3–303, § 3–304, §§ 3–307 THROUGH 3–310 OF 33
143-THIS SUBTITLE, § 3–311 OR § 3–312 OF THIS SUBTITLE AS THE SECTIONS EXISTED 34
144-BEFORE OCTOBER 1, 2017, § 3–315 OF THIS SUBTITLE, OR § 3–602 OF THIS TITLE. 35 4 HOUSE BILL 1350
144+ (e) (1) Unless specifically charged by the State, a violation of this section may 34
145+not be considered a lesser included crime of any other crime. 35 4 HOUSE BILL 1350
145146
146147
147148
148- (ii) If the State intends to proceed against a person under 1
149-subparagraph (i) of this paragraph, it shall comply with the procedures set forth in the 2
150-Maryland Rules for the indictment and trial of a subsequent offender. 3
149+ (2) A sentence imposed under this section may be imposed separate from 1
150+and consecutive to or concurrent with a sentence for any crime based on the act establishing 2
151+the violation of this section. 3
151152
152- (e) (1) Unless specifically charged by the State, a violation of this section may 4
153-not be considered a lesser included crime of any other crime. 5
154-
155- (2) A sentence imposed under this section may be imposed separate from 6
156-and consecutive to or concurrent with a sentence for any crime based on the act establishing 7
157-the violation of this section. 8
158-
159- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 9
160-October 1, 2025. 10
161-
162-
163-
164-Approved:
165-________________________________________________________________________________
166- Governor.
167-________________________________________________________________________________
168- Speaker of the House of Delegates.
169-________________________________________________________________________________
170- President of the Senate.
153+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 4
154+October 1, 2025. 5