Section 3-308 - Sexual offense in the fourth degree.
§ 3-308. Sexual offense in the fourth degree.
(a) "Person in a position of authority" defined.- In this section, "person in a position of authority":
(1) means a person who:
(i) is at least 21 years old;
(ii) is employed as a full-time permanent employee by a public or private preschool, elementary school, or secondary school; and
(iii) because of the person's position or occupation, exercises supervision over a minor who attends the school; and
(2) includes a principal, vice principal, teacher, or school counselor at a public or private preschool, elementary school, or secondary school.
(b) Prohibited.- A person may not engage in:
(1) sexual contact with another without the consent of the other;
(2) except as provided in § 3-307(a)(4) of this subtitle, a sexual act with another if the victim is 14 or 15 years old, and the person performing the sexual act is at least 4 years older than the victim; or
(3) except as provided in § 3-307(a)(5) of this subtitle, vaginal intercourse with another if the victim is 14 or 15 years old, and the person performing the act is at least 4 years older than the victim.
(c) Sexual abuse of a minor student by a person in a position of authority.-
(1) Except as provided in § 3-307(a)(4) of this subtitle or subsection (b)(2) of this section, a person in a position of authority may not engage in a sexual act or sexual contact with a minor who, at the time of the sexual act or sexual contact, is a student enrolled at a school where the person in a position of authority is employed.
(2) Except as provided in § 3-307(a)(5) of this subtitle or subsection (b)(3) of this section, a person in a position of authority may not engage in vaginal intercourse with a minor who, at the time of the vaginal intercourse, is a student enrolled at a school where the person in a position of authority is employed.
(d) Penalty.-
(1) Except as provided in paragraph (2) of this subsection, a person who violates this section is guilty of the misdemeanor of sexual offense in the fourth degree and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $1,000 or both.
(2) (i) On conviction of a violation of this section, a person who has been convicted on a prior occasion not arising from the same incident of a violation of §§ 3-303 through 3-312 or § 3-315 of this subtitle or § 3-602 of this title is subject to imprisonment not exceeding 3 years or a fine not exceeding $1,000 or both.
(ii) If the State intends to proceed against a person under subparagraph (i) of this paragraph, it shall comply with the procedures set forth in the Maryland Rules for the indictment and trial of a subsequent offender.
[An. Code 1957, art. 27, § 464C; 2002, ch. 26, § 2; 2004, ch. 217; 2006, ch. 317.]