CR 3-308: Sexual Offense in the Fourth Degree

Fourth Degree Sex Offense under Maryland Criminal Law 3-308 punishes a wide range of conduct.  It is often referred to as the statutory rape law, but there are a number of different situations where this statute may apply.  The most common scenario is when there is an accusation of sexual contact without consent.  Sexual contact is defined as the intentional touching of the genitals or other intimate area for the purpose of sexual gratification or abuse.  It does not include common expressions of friendship or medical purposes.  Sexual contact could occur over or under the clothes and does not include penetration, which is considered a sexual act.  Fourth degree sex offense based on sexual contact can also be charged without the State being required to prove lack of consent.  These cases are charged when the defendant is a person of authority and engages in sexual contact with a minor under the age of 18.  Lawmakers have consistently expanded the definition of a person of authority, and now it includes school staff members and volunteers over the age of 21 as well as anyone 22 or older working or volunteering in any organized activity where minors are participating.  This includes organized sports, music, performing arts, religious activities or any type of camp.  Although the age of consent in Maryland is 16, consent is not an element when the defendant is a person of authority.  In these cases, consent is not a defense.  Fourth degree sex offense can also be charged in age-based situations commonly referred to as statutory rape.  A person 4 years older than a 14- or 15-year-old may not engage in a sexual act or intercourse with the 14- or 15-year-old.  In these cases, the defendant could also face charges for sexual abuse of a minor, which is a far more serious offense.  Most 4th degree sex offense cases based on non-consensual contact are also charged with a count of assault in the second degree.
 
The person may be charged with 4th degree sex offense for grabbing or fondling an intimate body part without consent regardless of how fleeting the contact was.  A counselor, instructor or teacher may also be charged with sexual offense in the fourth degree for engaging in this same contact with a person under the age of 18 even if both parties were willing participants.  The State will often prosecute the case even if the alleged victim has no interest in pursuing the charges.
 
Sexual Offense in the Third Degree under Maryland Criminal Law Section 3-307 is a felony sex offense that has some of the same elements of 4th degree sex offense.  Sexual contact by a person 4 years or older than a person under the age of 14 would trigger third degree charges.  Additionally, if a person 21 or older engages in a sexual act or intercourse with a 14- or 15-year-old the charges would be for 3rd degree sex offense.  Sexual abuse of a minor under Maryland Criminal Law Section 3-602 is a common charge whenever there is alleged sexual activity between an adult with some sort of supervisory authority over a minor.  This could be a household member, babysitter or other type of caretaker.  Sexual abuse of a minor is a serious felony offense that carries a maximum penalty of 25 years in prison. 
 
The most common and perhaps strongest defense to a 4th degree sex offense case is that the alleged victim is lying and the contact never occurred.  There is rarely physical evidence in these cases and the only witness is typically the alleged victim.  If the judge or jury is following the law, there is no way a person’s uncorroborated accusation alone should meet the high burden of proof beyond all reasonable doubt.  Benjamin has won numerous sexual offense trials by attacking the alleged victim’s credibility and arguing lack of evidence.
 
The penalty for 4th degree sexual offense in Maryland is a maximum of 1 year in jail.  This jail time could be consecutive to a sentence on another count in the charging document such as second degree assault.  A conviction for sexual offense in the fourth degree may also carry mandatory registration on the Sex Offender Registry as a Tier III offender.  If imposed by the judge this requirement would last for 15 years.
 
Benjamin Herbst has successfully represented dozens of defendants in sexual crimes such as sexual offense in the fourth degree and sexual abuse of a minor.  He has won numerous court and jury trials and does not back down from the State or alleged victims who have made allegations against his clients.  Benjamin represents adults and juveniles in Maryland sex crimes and is available anytime at 410-207-2598.