Maryland
Maryland Age of Consent Laws: Statutes, Penalties and Reporting
Independently fact-checked against primary sources (last audited September 30, 2026). · 25 primary sources cited on this page. How we verify our legal content
Maryland's general age-based sexual offenses protect persons under 16 (Md. Code, Criminal Law 3-304, 3-307 and 3-308), every tier is defined by the age of the other person (at least 4 years older, or at least 21 for a person 14 or 15), separate provisions protect persons under 18 in positions-of-authority and caregiver relationships, and trafficking, solicitation and sexual performance provisions protect all minors under 18.
To report a concern: if a child is in immediate danger, call 911. The Maryland Department of Human Services states on its official page: "Report adult or child abuse or neglect at 1-800-91Prevent (1-800-917-7383)." The Childhelp National Child Abuse Hotline (1-800-422-4453, call or text) can help you figure out where and how to report. Online exploitation can be reported to the NCMEC CyberTipline at report.cybertip.org or 1-800-843-5678.
Information last verified on 2026-09-30. This article has not yet been reviewed by a licensed lawyer. It is legal-reference information, not legal advice.
This page covers Maryland's criminal statutes on sexual offenses involving minors, mainly Criminal Law Article title 3, subtitle 3 (sexual crimes), section 3-602, and related sections in titles 3 and 11. Federal law is summarized on the age of consent laws by state hub. Chapter 426 of 2026 (House Bill 501) takes effect on October 1, 2026, and this page describes the text in force from that date. Until then, the position-of-authority offense is the misdemeanor of sexual offense in the fourth degree under section 3-308(c).
This page describes the main age-based sexual offense statutes. Other Maryland statutes also protect minors, and one of them can apply even where none of the offenses described here does.
How Maryland law protects minors by age
Maryland does not set a single age line. Each age-based offense states the age of the person protected and the age or age difference of the other person, and separate provisions protect persons under 18 in listed relationships.
| Person protected | Other person | Offense | Cite | Grade |
|---|---|---|---|---|
| Under 14 | At least 4 years older | Rape in the second degree (vaginal intercourse or sexual act) | 3-304(a)(3) | Felony, up to 20 years |
| Under 14 | At least 4 years older | Sexual offense in the third degree (sexual contact) | 3-307(a)(3) | Felony, up to 10 years |
| 14 or 15 | At least 21 | Sexual offense in the third degree (sexual act or vaginal intercourse) | 3-307(a)(4), (5) | Felony, up to 10 years |
| 14 or 15 | At least 4 years older | Sexual offense in the fourth degree | 3-308(a)(2), (3) | Misdemeanor, up to 1 year |
| Under 18 | Person in a position of authority | Sexual offense by a person in a position of authority | 3-308.1 | Misdemeanor; felony where the child is under 13 or with a listed prior conviction |
| Under 18 | Parent, caregiver, household or family member | Sexual abuse of a minor | 3-602 | Felony, up to 25 years |
Under 14, and under 13
Criminal Law 3-304(a)(3) makes it rape in the second degree to engage in vaginal intercourse or a sexual act with a person "under the age of 14 years" where "the person performing the act is at least 4 years older than the victim." The general penalty is a felony carrying imprisonment not exceeding 20 years. Subsection (b) separately covers a person 18 or older who violates the lack-of-consent or incapacity provisions of subsection (a)(1) or (2) involving a child under 13. For that offense, (c)(2) sets imprisonment of not less than 15 years and not more than life, with a mandatory minimum that a court may not suspend, and the minimum applies only if the State gives written notice at least 30 days before trial. Subsection (b) does not refer to the age-based provision in (a)(3).
Section 3-303(c) separately provides that a person 18 or older may not violate the first-degree rape provisions involving a victim who is a child under 13, with a sentence of not less than 25 years and not more than life without the possibility of parole. That subsection applies to the aggravated forms of rape described in 3-303(a), not to age alone.
Section 3-307(a)(3) covers sexual contact with a person under 14 where the other person is at least 4 years older. Where the same conduct occurs over 90 days or more, section 3-315 makes a continuing course of conduct that includes three or more acts that would violate 3-303, 3-304 or 3-307, with a victim under 14 at any time during the course of conduct, a felony carrying up to 30 years.
Ages 14 and 15
Section 3-307(a)(4) and (5) covers a sexual act, and vaginal intercourse, with a person 14 or 15 where the other person "is at least 21 years old." It is sexual offense in the third degree, a felony carrying up to 10 years.
Section 3-308(a)(2) and (3) covers a sexual act, and vaginal intercourse, with a person 14 or 15 where the other person is at least 4 years older, "except as provided in" 3-307(a)(4) and (5). It is sexual offense in the fourth degree, a misdemeanor carrying imprisonment not exceeding 1 year or a fine not exceeding $1,000 or both. A person with a listed prior conviction not arising from the same incident is subject to imprisonment not exceeding 3 years or a fine not exceeding $1,000 or both.
How the age provisions work
The age condition on the other person is part of the definition in each of these sections: at least 4 years older in 3-304(a)(3), 3-307(a)(3) and 3-308(a)(2) and (3), and at least 21 in 3-307(a)(4) and (5). Each is an element of the offense as written. None is a defense or a rule that changes only the grade or registration. The sections state their text with cross-references to each other, and the statute text controls in every case.
Positions of trust and authority
Maryland defines a "person in a position of authority" as a person who is at least 21 and works, for pay or as a volunteer, for a public or private preschool, elementary school or secondary school, or who is at least 22 and works, for pay or as a volunteer, for a "program," and who supervises or interacts with minors who attend the school or take part in the program. The definition includes a principal, vice principal, teacher, coach or school counselor. "Program" includes instructional, coaching, recreational, spiritual, character-building and supervisory activities for minors, such as sports, music, tutoring, day care, scouting and camping, run by a business, a faith-based institution, an organization or a unit of government.
The prohibition covers a sexual act, sexual contact or vaginal intercourse with a minor who is a student enrolled at a school where the person works, or who takes part in a program for which the person works and is at least 6 years younger than the person. "Minor" means an individual under 18 under General Provisions 1-103(b).
Criminal Law 3-308.1
Chapter 426 of 2026 (HB 501) takes effect October 1, 2026. It moves the authority definitions and prohibition from subsection (c) of section 3-308, where until then a violation is the misdemeanor of sexual offense in the fourth degree, to new section 3-308.1, the offense of sexual offense by a person in a position of authority. Section 3-308 keeps its other prohibitions in subsection (a). Under 3-308.1:
- Subsection (b) sets out the prohibition, and a violation is a misdemeanor carrying up to 1 year or a fine of up to $1,000 or both (subsection (e)(1)).
- Subsection (c) prohibits a violation of subsection (b) involving a child under 13, a felony carrying up to 10 years or a fine of up to $25,000 or both.
- Subsection (d) prohibits a violation of (b) or (c) by a person previously convicted of a listed offense (3-303, 3-304, 3-307 through 3-310, 3-311 or 3-312 as they existed before October 1, 2017, 3-315 or 3-602), a felony carrying up to 20 years or a fine of up to $50,000 or both.
Caregivers, household members and family members
Section 3-602(b) provides that "a parent or other person who has permanent or temporary care or custody or responsibility for the supervision of a minor may not cause sexual abuse to the minor," and that a household member or family member may not cause sexual abuse to a minor. "Sexual abuse" is defined as an act that involves sexual molestation or exploitation of a minor, and it includes incest, rape, sexual offense in any degree and any other sexual conduct that is a crime. A violation is a felony carrying up to 25 years.
Other offenses that protect minors
- Confined juveniles (3-314(c)): a person may not engage in sexual contact, vaginal intercourse or a sexual act with an individual confined in a child care institution licensed by the Department of Juvenile Services, a juvenile detention center or a listed juvenile facility. It is a misdemeanor carrying up to 3 years or a fine of up to $3,000 or both.
- Students and school resource officers (3-314(e)(1)(iv)): since July 1, 2026 (Chapter 452 of 2026), a law enforcement officer may not engage in sexual contact, vaginal intercourse or a sexual act with a student enrolled in a school where the officer is assigned as a school resource officer. It is a misdemeanor carrying up to 3 years or a fine of up to $3,000 or both.
- Solicitation of a minor (3-324): knowingly soliciting a minor, or a law enforcement officer posing as a minor, with the intent to commit a violation of 3-304, 3-307 or 3-308.1(c) or (d) or of listed title 11 offenses is a felony carrying up to 10 years or $25,000 or both for a first offense, and up to 20 years or $50,000 or both for a later offense.
- Sex trafficking (3-1102(b)(1)): a violation of subsection (a) involving a victim who is a minor is a felony carrying up to 25 years or a fine of up to $15,000 or both, and it is not a defense that the person did not know the age of the victim.
- Sexual performance of a minor (11-207): causing, inducing or soliciting a minor to engage in the production of a visual representation or performance depicting sexual conduct, and related conduct, is a felony carrying up to 10 years or $25,000 or both for a first violation.
- Enticing a minor under 16 (11-305): persuading or enticing an individual under 16 from home or from the custody of a parent or guardian, and secreting or harboring that individual, for the purpose of committing a subtitle 3 sexual crime is a felony carrying up to 25 years or $5,000 or both.
- Selling a minor (3-603): selling, bartering or trading, or offering to, a minor for money, property or anything of value is a felony carrying up to 5 years or $10,000 or both.
Penalties
| Offense | Cite | Maximum |
|---|---|---|
| Rape in the first degree (aggravated forms in 3-303(a)), victim under 13, actor 18 or older | 3-303(c), (d)(4) | Not less than 25 years, up to life without parole |
| Rape in the second degree, victim under 14 | 3-304(c)(1) | 20 years |
| Rape in the second degree without consent or with an incapacitated victim, victim under 13, actor 18 or older | 3-304(b), (c)(2) | Not less than 15 years, up to life |
| Continuing course of conduct, victim under 14 | 3-315 | 30 years |
| Sexual abuse of a minor | 3-602 | 25 years |
| Sexual offense in the third degree | 3-307(b) | 10 years |
| Sexual offense in the fourth degree | 3-308 | 1 year or $1,000 (3 years with a listed prior) |
| Sexual offense by a person in a position of authority | 3-308.1(e) | 1 year or $1,000; 10 years or $25,000 (child under 13); 20 years or $50,000 (prior listed conviction) |
Sentences under 3-602 and 3-308 may run separately from and consecutively to sentences for the underlying acts. Under section 3-313, a person convicted under 3-304 or 3-307 who has a prior conviction for 3-303 or 3-304 not arising from the same incident is subject to imprisonment up to life.
Sex offender registration
Registration is set by tier under Criminal Procedure section 11-701 and the term under section 11-707: 15 years for a tier I offender (reduced to 10 years if the registrant meets the listed conditions), 25 years for tier II, and the life of the registrant for tier III. Sections 3-308 and 3-308.1(b) are tier I offenses, 3-307(a)(4) and (5) are tier II, and 3-303, 3-304, 3-308.1(c) and (d) and 3-602 are tier III. Section 3-307(a)(3) is listed in tier III where the victim is under 14.
Recent changes
- Chapter 761 of 2024 (HB 496), effective October 1, 2024: amended 3-301.1 and 3-304, including the definition of consent and the removal of the force or threat element from second-degree rape. The age tiers in 3-304(a)(3) were not changed.
- Chapter 452 of 2026 (HB 329), effective July 1, 2026: the bill's title is Criminal Law, School Resource Officers, Prohibition on Sexual Activity with Students, and it amends section 3-314. It added 3-314(e)(1)(iv), which prohibits a law enforcement officer from engaging in sexual contact, vaginal intercourse or a sexual act with a student enrolled in a school where the officer is assigned as a school resource officer, as defined in Education 7-1501. A violation is a misdemeanor carrying up to 3 years or a fine of up to $3,000 or both.
- Chapter 426 of 2026 (HB 501), effective October 1, 2026: moves the position-of-authority offense to new 3-308.1, adds the felony tiers described above, and amends 3-324 and Criminal Procedure 11-701.
How to report
If a child is in immediate danger, call 911. The Maryland Department of Human Services lists 1-800-91Prevent (1-800-917-7383) for reports of adult or child abuse or neglect on its official reporting page. The Childhelp National Child Abuse Hotline (1-800-422-4453, call or text) and the NCMEC CyberTipline (report.cybertip.org or 1-800-843-5678) are also available.
Disclaimer
This page is general legal information about Maryland criminal statutes as verified on 2026-09-30. It is not legal advice. Statutes change, summaries simplify, and the statute text controls. Anyone with a specific situation should consult a lawyer licensed in Maryland.
Related articles
Frequently Asked Questions
Does Maryland use a different age for teachers, coaches and program leaders?
Yes. The position-of-authority provision protects a "minor," meaning an individual under 18, who is a student at the school where the person works or a program participant at least 6 years younger than the person. The person must be at least 21 for a school role or at least 22 for a program role.
Which section number applies to a position-of-authority offense on and after October 1, 2026?
The offense is in section 3-308.1 of the Criminal Law Article, added by Chapter 426 of 2026 effective October 1, 2026. Before that date it was in section 3-308(c).
Where can the official text of these sections be read?
The Maryland General Assembly publishes the Criminal Law Article at mgaleg.maryland.gov.
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Maryland Code, Criminal Law Article
§ 3-307In forcecited in 2 of our articles
§3–307. (a) A person may not: (1) (i) engage in sexual contact with another without the consent of the other; and (ii) 1. employ or display a dangerous weapon, or a physical object that the victim reasonably believes is a dangerous weapon; 2. suffocate, strangle, disfigure, or inflict serious physical injury on the victim or another in the course of committing the crime; 3. threaten, or place the victim in fear, that the victim, or an individual known to the victim, imminently will be subject to death, suffocation, strangulation, disfigurement, serious physical injury, or kidnapping; or 4.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at mgaleg.maryland.gov
Cited in 10 court opinions in our collectionLatest citing opinion in our collection: 2023
Opinions citing this section in our collection:
- Snowden v. State (Court of Special Appeals of Maryland 2004, 156 Md. App. 139)“…The crime of third degree sexual assault is codified as Md.Code Ann., Crim Law § 3-307 (2003). The statute prohibits sexual co…”
- Yonga v. State (Court of Appeals of Maryland 2016, 446 Md. 183)“…ntact is at least 4 years older than the victim; Md. Code Ann., Crim. Law § 3-307 (1957, 2012 Repl. Vol.). 5 Rule 4-243…”
- Cortez v. State (Court of Special Appeals of Maryland 2014, 220 Md. App. 688)“…wed him a video on his cell phone. 1 See Md. Code Ann., Crim. Law, § 3-307 (third-degree sexual offense); § 3-203…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Age of Consent Laws by State: Statutes, Protections and Reporting
§ 3-304In forcecited in 2 of our articles
§3–304. (a) A person may not engage in vaginal intercourse or a sexual act with another: (1) without the consent of the other; (2) if the victim is a substantially cognitively impaired individual, a mentally incapacitated individual, or a physically helpless individual, and the person performing the act knows or reasonably should know that the victim is a substantially cognitively impaired individual, a mentally incapacitated individual, or a physically helpless individual; or (3) if the victim is under the age of 14 years, and the person performing the act is at least 4 years older than the victim. (b) A person 18 years of age or older may not violate subsection (a)(1) or (2) of this section involving a child under the age of 13 years. (c) (1) Except as provided in paragraph (2) of this subsection, a person who violates subsection (a) of this section is guilty of the felony of rape in the second degree and on conviction is subject to imprisonment not exceeding 20 years.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at mgaleg.maryland.gov
Cited in 4 court opinions in our collectionLatest citing opinion in our collection: 2015
Opinions citing this section in our collection:
- United States v. Faustino Gomez (Court of Appeals for the Ninth Circuit 2014, 757 F.3d 885)“…Stat. Ann. § 14:80A; Me. Rev. Stat. Ann. tit. 17-A § 254; Md. Code Ann., Crim. Law § 3-304(a)(3); Mass. Gen. Laws Ann. ch. 265, §…”
- United States v. James Bruguier (Court of Appeals for the Eighth Circuit 2013, 735 F.3d 754)“…hasis added)); Cal.Penal Code app. § 261(4) (Deering 1986); Md.Code Ann., Crim. Law § 3-304(a)(2) ("[T]he person performing the act…”
- United States v. Aaron Shell (Court of Appeals for the Fourth Circuit 2015, 789 F.3d 335)“…rt. 27, § 463(a)(l)-(3) (repealed 2002) (current version at Md.Code Ann., Crim. Law § 3-304(a)(l)-(3)). *355 In Chacon , we…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 3-303In forcecited in 2 of our articles
§3–303. (a) A person may not: (1) (i) engage in vaginal intercourse with another by force, or the threat of force, without the consent of the other; or (ii) engage in a sexual act with another by force, or the threat of force, without the consent of the other; and (2) (i) employ or display a dangerous weapon, or a physical object that the victim reasonably believes is a dangerous weapon; (ii) suffocate, strangle, disfigure, or inflict serious physical injury on the victim or another in the course of committing the crime; (iii) threaten, or place the victim in fear, that the victim, or an individual known to the victim, imminently will be subject to death, suffocation, strangulation, disfigurement, serious physical injury, or kidnapping; (iv) commit the crime while aided and abetted by another; or (v) commit the crime in connection with a burglary in the first, second, or third degree. (b) A person may not violate subsection (a) of this section while also violating § 3–503(a)(2) of this title involving a victim who is a child under the age of 16 years.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at mgaleg.maryland.gov
Cited in 2 court opinions in our collectionLatest citing opinion in our collection: 2022
Opinions citing this section in our collection:
- United States v. Osmin Alfaro (Court of Appeals for the Fourth Circuit 2016, 835 F.3d 470)“…e); Me. Rev. Stat. tit. 17-A, § 253 (gross sexual assault); Md. Code Ann., Crim. Law § 3-303 (first-degree rape); Mass. Gen. Laws An…”
- Ivan Valdez Amador v. Merrick Garland (Court of Appeals for the Ninth Circuit 2022, 28 F.4th 72)“…art. 27, §§ 462 and 463 (repealed in 2002 and replaced with Md. Code Ann., Criminal Law § 3-303); Mass. Gen. Laws ch. 265 § 22; Mo. Rev…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
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Sources and References
- Md. Code, Crim. Law 3-303 (Rape in the first degree)(mgaleg.maryland.gov).gov
- Md. Code, Crim. Law 3-304 (Rape in the second degree)(mgaleg.maryland.gov).gov
- Md. Code, Crim. Law 3-307 (Sexual offense in the third degree)(mgaleg.maryland.gov).gov
- Md. Code, Crim. Law 3-308 (Sexual offense in the fourth degree)(mgaleg.maryland.gov).gov
- Md. Code, Crim. Law 3-308 as effective October 1, 2026(mgaleg.maryland.gov).gov
- Md. Code, Crim. Law 3-308.1 (Sexual offense by a person in a position of authority, effective October 1, 2026)(mgaleg.maryland.gov).gov
- Md. Code, Crim. Law 3-314 (Sexual conduct with confined individuals and others)(mgaleg.maryland.gov).gov
- Md. Code, Crim. Law 3-315 (Continuing course of conduct with a child)(mgaleg.maryland.gov).gov
- Md. Code, Crim. Law 3-324 (Sexual solicitation of a minor)(mgaleg.maryland.gov).gov
- Md. Code, Crim. Law 3-602 (Sexual abuse of a minor)(mgaleg.maryland.gov).gov
- Md. Code, Crim. Law 3-603 (Selling, bartering or trading a minor)(mgaleg.maryland.gov).gov
- Md. Code, Crim. Law 3-1102 (Sex trafficking)(mgaleg.maryland.gov).gov
- Md. Code, Crim. Law 11-207 (Sexual performance of a minor)(mgaleg.maryland.gov).gov
- Md. Code, Crim. Law 11-305 (Enticing a minor under 16)(mgaleg.maryland.gov).gov
- Md. Code, Crim. Proc. 11-701 (Sex offender registration definitions)(mgaleg.maryland.gov).gov
- Md. Code, Crim. Proc. 11-707 (Duration of registration)(mgaleg.maryland.gov).gov
- Md. Code, Gen. Prov. 1-103 (Definition of minor)(mgaleg.maryland.gov).gov
- HB 501 (2026): Sexual Offense by a Person in a Position of Authority (Chapter 426)(mgaleg.maryland.gov).gov
- HB 496 (2024): Definition of Consent and Repeal of Force (Chapter 761)(mgaleg.maryland.gov).gov
- HB 329 (2026): School Resource Officers, Prohibition on Sexual Activity with Students (Chapter 452)(mgaleg.maryland.gov).gov
- Maryland Department of Human Services: reporting suspected child abuse or neglect(dhs.maryland.gov).gov
- Md. Code, Crim. Law 3-313 (Punishment for subsequent offenses)(mgaleg.maryland.gov).gov
- Md. Code, Crim. Law 3-314(e)(1)(iv) (as amended by ch. 452 of 2026)(mgaleg.maryland.gov).gov
- Md. Code, Crim. Law 3-324 (as amended by ch. 426 of 2026)(mgaleg.maryland.gov).gov
- section 11-701(mgaleg.maryland.gov).gov