Fourth Degree Sexual Assault in Maryland
The defense of Fourth Degree Sexual Offense allegations starts from the onset of an investigation. Sex crimes detectives oftentimes try to lure a suspect in for questioning under the guise of a false opportunity to clear up a “misunderstanding.” Other times, using a phone sting, police try to extract a confession from an accused through subterfuge and coercion. It is vital for anyone facing such a situation to consult with an experienced Fourth Degree Sexual Offense defense attorney to avoid falling for such a trap in the desperate hopes of avoiding what is likely inevitable: an arrest warrant for felony Fourth Degree Sexual Offense charges.
Once a warrant for Fourth Degree Sexual Offense charges has been issued, it is vital that an experienced criminal defense lawyer prepare for one of the most crucial proceedings in the case: the bail hearing which determines whether an accused is released or incarcerated during the pendency of the trial. Judges frequently deny bail for persons accused of Fourth Degree Sexual Offense due to a fear that the suspect will reoffend while awaiting trial: nonetheless, a well prepared attorney can make the right arguments in court to convince even a skeptical judge that his client is worthy of being released until, and only if, he is found guilty of the charges.
Upon conviction, a person may be required to register as a Sexual Offender in Maryland. Persons convicted of Fourth Degree Sexual Offense are categorized as Tier One Sex Offenders and MUST REGISTER FOR FIFETEEN (15) YEARS FOLLOWING CONVICTION. Only a skilled attorney can help a person avoid mandatory registration upon conviction for Fourth Degree Sexual Offense in Maryland.
Defense of Maryland Fourth Degree Sexual Offense Charges
Maryland law defines Fourth Degree Sexual Offense as the following
Article – Criminal Law
§3–308. Sexual Offense in the Fourth Degree
(a (a) 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) 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) (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) (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.