Maryland state laws on dating
Other states, including Vermont, criminalize sexual acts with a person who is “entrusted to the actor's care by authority of law” (13 Vt. Among the states in other parts of the country with specific provisions dealing with teachers and students are Kansas, Maryland, North Carolina, Ohio, and Washington.
In North Carolina and Ohio, as in Connecticut, these provisions apply even if the student is 18 or older. 53a-71, a person is guilty of sexual assault in the second degree when he (1) engages in sexual intercourse with a minor who is 13, 14, or 15 and (2) is more than three years older than the minor.
For more information on these crimes, see Maryland Sexual Battery Laws, Maryland Assault and Battery Laws, and Maryland Aggravated Assault Laws. [Crim.] Code § § 3-301, 3-306, 3-312.) Finally, a person commits the crime of third degree sexual offense, the least serious statutory rape charge, by: (Md. [Crim.] Code § § 3-301, 3-307.) In many states, including Maryland, lawmakers have enacted “Romeo and Juliet” exceptions to protect young people from criminal charges for engaging in consensual sexual activity with others close to their own age. [Crim.] Code § § 3-304, 3-306, 3-307.) It is also a criminal offense in Maryland for teachers and other school employees over the age of 21 to engage in sexual activity with school students under the age of 18 who are under the authority of the defendant. [Crim.] Code § 3-308.) In Maryland, people who invite or urge children under the age of 18 to engage in unlawful sexual conduct (such as statutory rape) may be convicted of child enticement, even if no sexual conduct ever occurs between the defendant and the child.
Maryland has several different laws that criminalize engaging in sexual behavior with a child. [Crim.] Code § § 3-304, 3-310.) A person who engages in a sexual act (oral and anal sex and genital penetration) with a child under the age of 14 when the defendant at least four years older than the victim commits the crime of sexual offense in the second degree in Maryland. For example, under Maryland's laws, a 19-year-old cannot be prosecuted for having sex with a 16-year-old, and a 15-year-old cannot be prosecuted for having sex with a 13-year-old. For example, a 26-year-old school administration who has sex with a 17-year-old student could be convicted under this statute. For more information on this crime, see Child Enticement Laws in Maryland. It is a defense to a charge of statutory rape or sexual offense with an underage person that, at the time of the crime, the defendant and the victim were married. [Crim.] Code § 3-318.) For more information, see Maryland Marital Rape Laws. In Maryland, as in most states, the fact that the defendant believed the child to be of age is not a defense to statutory rape or a similar crime.
The provisions dealing with students apply even if the student has consented to the contact.
(sexual abuse of a minor) has specific penalties for sexual abuse of minors in cases involving school staff and older students.
These laws do not apply when the student and staff member are married.
There are heightened penalties if the actor is at least 10 years older than the minor or related to the minor within the second degree of consanguinity, e.g., an uncle and niece.
However, it is also sexual abuse of a minor for a teacher or other educational staff member who is at least 21 to engage in a sexual act with a student who is 16 or 17.
It does not matter if the child consents to or initiates the sexual activity.
People who engage in sexual acts against others without their consent can, of course, be prosecuted and convicted of other crimes, such as sexual assault, assault, or battery.
Although Maryland does not impose residency restrictions for sex offenders, sex offender registration can make it difficult, or even impossible, to find a job. An attorney can tell you what to expect in court and how to best protect your rights.