Maryland Sex Offenses and Why They are Different

Owing to the intrusive nature of sex offenses against the victim, regardless of age, the law in Maryland considers sex-related offenses as serious crimes. Law enforcement officers of the Department of Public Safety arrest and indict suspected offenders while employees of the Maryland Judiciary are responsible for the prosecution of sex offenders under the Maryland Criminal Procedure. These agencies also create, maintain, and disseminate publicly available records on convicted offenders.

What is a Maryland Sex Crime?

According to the Maryland Criminal Code, sex crimes refer to a range of acts and contacts towards or with another individual for gratification (Section § 3–301).. These acts or contacts may be unsolicited, performed without consent, or abusive. Maryland sex crimes include, but are not limited to, rape, sexual solicitation of minors, incest, as well as unnatural or perverted sexual practices. An attempt or perpetration of these acts is a crime under the Maryland body of statutes on sexual crimes:

• Other Crimes Against the Person: Per the body of statutes in Title 3, these include sexual crimes such as rape as well as extortion, stalking, and sexual harassment.
• Drug-Induced Conduct: As described in Title 5 (Subtitle 6), this includes all sexual acts induced or performed on or with another person under the influence of drugs or any controlled substance that is capable of lowering inhibition.
• Indecency and Obscenity: Per the body of statutes in Title 11, crimes labeled as indecent or obscene include adult sexual displays, sexual acts involving bodily matters, as well as prostitution, and related offenses.

What are the Different Types of Sex Offenses?

Maryland laws define sex offenses and assign penalties depending on the severity of the offense. These include: 

• Rape: Per Sections § 3–303 and § 3–304, rape refers to sexual intercourse and any sexual act by force, threats, or without the consent of another person. Rape is a felony, and the penalty depends on the degree of the offense and other aggravating factors. For example, the punishment for rape of the first degree ranges from twenty-five (25) years in jail to life imprisonment without parole. Similarly, rape in the second degree is a felony, and the punishment ranges from a minimum of fifteen (15) years in jail to twenty (20) years imprisonment.

• Attempted Rape: Per Sections § 3–309 and § 3–310, any attempt to commit the sexual act described in § 3–303 and § 3–304 is an attempted rape. The statutory punishment for this crime ranges from a maximum of twenty (20) years in jail, i.e., an attempt at second-degree rape, to life imprisonment, i.e., an attempt at first-degree rape.  

• Incest: Per § 3–323, incest refers to a sexual act, or attempt to commit a sexual act, with members within a family unit (as defined in § 2–202 of the Family Law Article). Any behavior or action errant to this statute is a felony that is punishable with a minimum of one (1) year in jail and a maximum of ten (10) years imprisonment.

• Unnatural or perverted sexual practice: refers to the unsolicited or unconsented placement of an individual or animal’s sexual organ in the mouth of another as described in § 3–322. The offense also includes other unnatural or perverted sexual practice with another person or animal. Regardless of whether the individual is the perpetrator or recipient of such practices, the violator commits a misdemeanor. The punishment is a maximum of ten (10) years imprisonment, a fine less than $1,000, or a combination of fines and jail time.

• Sexual solicitation of minors: Section § 3–324 defines solicitation as an act or behavior that commands, authorizes, urges, entices, requests, or advise a minor on the performance of sexual acts. The medium of such action may be direct, i.e., in person, over any medium of communication, or it may be indirect, i.e., through a third-party agent or agency. Furthermore, the law regards all such solicitations initiated or received within the state boundaries as a felony. Upon conviction, the offender is subject to a maximum of ten (10) years imprisonment, a fine not more than $25,000, or both. Repeat offenders face stiffer sanctions not more than 20 years in jail, a $50,000 fine, or a combination of jail time and fine.

Other types of sex crimes include child pornography, possession of pornographic material featuring a minor, sale, or display of obscene material to a minor, physical or virtual sexual harassment, sextortion, as well as indecent exposure.   

Sex Offender Levels of Classification in Maryland

The Criminal code organizes sex offenders indicted or convicted of any of the aforementioned sex crimes into tiers. The classification is based on the nature of the sex offense, the age of the victim, propensity or demonstrated recidivism, and other aggravating factors. There are three ranks or tiers of sex offenders in Maryland viz:

• Tier 1: Sex offenders in this rank are indicted or convicted with sex crimes such as aggravated indecent exposure and possession of child pornography. The law requires that these individuals register in the Maryland sex offender registry for up to 15 years. The offender must also submit himself or herself for verification every six (6) months for as long as he or she remains on the register.
• Tier 2: These sex offenders are guilty of more serious sex offenses, such as soliciting minors for sex. The law requires that these individuals register in the Maryland sex offender registry for up to 25 years. He or she must also submit to in-person verification every six (6) months.
• Tier 3: Offenders in this category are guilty of egregious sex offenses such as rape, incest, and attempted first or second-degree sex crimes. The law requires that the offender registers in the Maryland sex offender registry for as long as he or she lives. Besides, the offender must submit to in-person verification every three (3) months.

How Do I Find A Sex Offender Near Me in Maryland?

As mentioned earlier, an offender must also submit for verification of personal details and residential information as often as required. Local law enforcement agencies and the Maryland Department of Public Safety regularly publicize up-to-date information as required under the Maryland Public Information Act (PIA). Interested members of the public may request information regarding a sex offender from the local law enforcement department. To begin, schedule an in-person visit during business hours, use a mail request, or perform an online search on the sex offender registry.

The Maryland Sex Offender Registry 

Under the Maryland Sex Offender Registration Laws, offenders must register in the sex offender registry for as long as required per the tier of classification. The sex offender registry is a repository that features the personal information and residential information of sex offenders within the jurisdiction of Maryland. Also, members of the public shall have access to the following information:

• Photograph (most recent)
• Identifying body marks or tattoos
• Category of offense
• Description of crime (if convicted)
• Additional Categories
• Registrant status, i.e., absconder or under investigation
• Contact Information to provide or obtain additional information about a registrant
• Last reported employer/school address (out-of-state offenders)

Before retrieving information from the sex offender registry, the requester must possess the necessary information, especially the name or zip code of the suspected or confirmed sex offender. If this information is handy, then:

• Visit the registry
• Accept the terms and conditions
• Query the database with the name or residential information of the offender

Records that are considered public may be accessible from some third-party websites. These websites often make searching simpler, as they are not limited by geographic location, and search engines on these sites may help when starting a search for specific or multiple records. To begin using such a search engine on a third-party or government website, interested parties usually must provide:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the record or person involved. This includes information such as the city, county, or state that the person resides in or was accused. 

Third-party sites are independent of government sources and are not sponsored by these government agencies. Because of this, record availability on third-party sites may vary.

What are the Sex Offender Restrictions in Maryland?

The registration form informs the sex offender about the statutory restrictions and provides him or her with a notice of responsibilities. The court may also impose additional restrictions after an evaluation of the sex offender. Some of these restrictions include:

• Name & Residency: No later than three (3) days after changing name or residency, the offender must notify and register with the sex offender registration unit within the new jurisdiction. The requirement applies to changes within or outside the county, state, or the United States.
• Employment: A sex offender may not seek employment with any public or private organization that works with people similar to their victims. The restriction especially applies to schools and childcare facilities.
• Internet Information: The law requires that a sex offender inform the local law enforcement or sex offender registration unit about any update or change to his or her information on the internet. Such information includes email address, nick, or chatroom identity.