Maryland -- Age of Consent

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464B.     

(a)      A person is guilty of a sexual offense in the third degree if the person engages in:   

         (1)       Sexual contact with another person against the will and without the consent of the other person, and:                  

            (i)       Employs or displays a dangerous or deadly weapon or an article which the other person reasonably concludes is a dangerous or deadly weapon; or         

            (ii)       Inflicts suffocation, strangulation, disfigurement or serious physical injury upon the other person or upon anyone else in the course of committing that offense; or                

             (iii)       Threatens or places the victim in fear that the victim or any person known to the victim will be imminently subjected to death, suffocation, strangulation, disfigurement, serious physical injury, or kidnapping; or                

            (iv)       Commits the offense aided and abetted by one or more other persons; or          

    (2)      Sexual contact with another person who is mentally defective, mentally incapacitated, or physically helpless, and the person knows or should reasonably know the other person is mentally defective, mentally incapacitated, or physically helpless; or          

    (3)      Sexual contact with another person who is under 14 years of age and the person performing the sexual contact is four or more years older than the victim; or       

    (4)      A sexual act with another person who is 14 or 15 years of age and the person performing the sexual act is at least 21 years of age; or           

    (5)      Vaginal intercourse with another person who is 14 or 15 years of age and the person performing the act is at least 21 years of age.     

            (b)       Any person violating the provisions of this section is guilty of a felony and upon conviction is subject to imprisonment for a period of not more than 10 years.

 


Date: Sat, 05 Dec 1998 18:01:53 +0000
Subject: [removed]

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A Maryland court recently ruled that the State's sodomy statute does not apply to consenting homosexual acts among adults.. Several years ago the D.C. City Council struck down the anti-Sodomy law in D.C.

1. Maryland had two laws criminalizing private adult sex. The "Unnatural and Perverted Sexual
Practice" Act made oral sex between people of the same gender a crime, while Maryland's sodomy
law prohibited anal sex. The oral sex statute was struck down in October 1998 as a result of an
ACLU lawsuit. In order to end the ACLU lawsuit, the state agreed that the sodomy law should be
struck down as well. In January 1999 the Baltimore City Circuit Court entered a final judgment
prohibiting the state from enforcing either law for private sex acts. Because the state conducts all
criminal prosecutions in Maryland, both laws are now invalid and unenforceable.

Source:  http://www.aclu.org/issues/gay/sodomy.html

Case Law - Statutory Rape:   (http://www.soc.umn.edu/~samaha/cases/garnett%20v%20st.htm)

 

OCTOBER 7, 1998
Condemning child marriage Maryland must enforce statutory  rape law in case involving thirteen-year-old bride
By John Buford Cavalier Daily Columnist
From (http://www.cavalierdaily.com/.Archives/1998/October/7/edjohn.asp)
Permanent archive to prevent loss of news article

WHAT WERE you doing when you were 13 years old? My afternoons
were spent in the company of the Nintendo system, saving the pre-algebra
for after dinner and waiting for the syndicated episodes of "Cheers" to
come on the TV. I certainly didn't know any 29-year-old women, much
less let them seduce me.

A 13-year-old Maryland girl apparently spent her seventh grade year a
little more actively than me. Tina Akers wed Wayne Compton, 29, in late
August, when she was eight months pregnant. The marriage was perfectly
legal under Maryland law, which allows any girl under the age of 16 to
marry with parental consent and proof of pregnancy. Plenty of people cried
that "there oughta be a law." But there already is--those same
circumstances would allow a statutory rape prosecution.

The marriage law actually provides a disincentive for engaging in safe sex
with minors. Note to prospective pedophiles: Leave your condoms at
home, because if you get her pregnant, you can marry her and avoid a jail
term. Following your gym teacher's prophylactic advice could prove quite
costly.

This situation poses a number of heady legal and philosophical questions:

Is Tina now exempt from the eighth-grade sex education requirement?
Perhaps she could have benefited from the birth control forum, or perhaps
the lecture series "Don't Trust Anyone Over 30 or Sleep With Anyone
Over 18." At the very least, she should be able to earn credit as a guest
lecturer. Every teenage girl should know how to cram for an English test
while fighting morning sickness.

If she insists on using her married name, will she have to change
homerooms or lockers? After all, a junior high school that cannot preserve
its alphabetical integrity fast becomes a haven of anarchy.

When Tina gets her learner's permit in a few years, do the driver's ed
vehicles have room in the back for a child safety seat? "Mr. Stevens, I can't
parallel park until I take care of this diaper rash!"

Are churches generally willing to baptize a baby before the mother is old
enough to be confirmed?

How does the feminist movement feel about a wife who needs her husband
to sign a permission slip for a field trip?

Should we encourage teenagers to have all of their babies before age 18,
since the risk of tobacco-induced or alcohol-induced pregnancy
complications would be lower?

Tina and Wayne both insist that she was the instigator of the relationship,
and that she was the one who wanted to have a baby. But does society feel
that a 13-year-old girl is capable of making that informed choice? Of
course not. Early teenagers know all about how cool it is to be independent
of their parents, but they are unaware of the responsibilities that accompany
that independence.

Young marriages were long common in farming communities up until the
first half of this century, but that does not mean that the girls involved knew
what they were getting into. The older men certainly knew what the
disparity meant. Control over a girl in her juvenile years creates a
precedent that translates into a lifetime of servitude. At some point,
however, society woke up and realized that 50th wedding anniversaries
were not something to be celebrated before the first Social Security
retirement check came in the mail. Without a girl's formative years behind
her, there is no guarantee that her "lovable" personality as a juvenile will be
the same when she is an adult.

Is the notion that we should not allow such marriages paternalistic?
Absolutely. We should be paternalistic, because a 13-year-old is a child
who needs some parental rules. Sexual maturity does not equal mental and
emotional maturity. We should not allow a child to enter adult situations just
because she will be exposed to them. We don't allow murder just because
people will eventually die anyway. Giving up and giving in is not a legitimate
parental policy. We owe it to our children to protect them from situations
they are unequipped to deal with.

Most 13-year-old children are a couple of years short of knowing what
"hypotenuse" means. They certainly do not fully understand more complex
concepts like "love," "responsibility," or "motherhood." That is why we
have statutory rape laws. That is why those laws should be enforced. That
is why we should not let mature men bed junior-high-school girls.

 

Added April 6, 2002
*** Md. boy charged with assault in bra snapping SALISBURY, Md. (AP) - A 10-year-old boy has been charged with assault for allegedly snapping girls' bras. The Pittsville Elementary pupil, who was not identified, was accused of assaulting five girls, ages 8 to 11, earlier this month. He was suspended from school for three
days and from a county-run, after-school program. The boy was charged with four counts of assault for allegedly snapping girls' bras and one count of sex offense for allegedly touching a girl's buttocks. ###
Source:   (http://216.239.51.100/search?q=cache:woMjp7NUHG8C:www.krcl.org/~scotth/netnews/1999/990530.txt+%22grayson+robinson%22+colorado+sex&hl=en&ie=utf-8)

 

 

 

 

 

 

07-2000 New Source: U.S. statutory rape laws is published on the Web by the National
Clearinghouse on Child Abuse and Neglect Information. The booklet, which
requires Adobe Acrobat to read, is located at:


http://www.calib.com/nccanch/pubs/99statutes/35-SexualOffenses.PDF

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