Registrable Adult Sexual Offenses in Maryland Defined

What is a registrable adult sexual offense?

A registrable adult sexual offense is a sexual crime that occurred against a victim who was a legal adult at the time. There are many reasons why sexual offenses occur. The particular act may require the person who was found guilty of the crime to register as a sex offender in the state of Maryland.

What is the sex offender registry?

Each state has its own sex offender database. Offenders are asked to provide information, such as their age, weight, height, residence, email addresses, and other identifying details. This information will be made available to the public unless a judge determines that the information be restricted so that only members of local law enforcement offices can view it.

What sexual offenses committed against an adult can result in being listed on the Maryland state sex offender registry?

The following adult sexual offenses can result in the convicted person appearing on the state sex offender registry. Please note that this list does not include any prostitution-related offenses, as they will be covered in a future blog article:

• First degree rape. First-degree rape is nonconsensual vaginal sexual intercourse. The victim may have been forced or threatened with force to participate. This crime is a felony that is punishable with a jail sentence of anywhere from a few years to life.
• First degree attempted rape. If a person commits first-degree attempted rape, it means that they tried to rape their victim, but did not actually engage in vaginal intercourse with their victim. Intent may need to be proven in those instances. This crime is also a felony that can carry a prison term of several years up to a maximum of life in jail.
• First degree sexual offense. A sexual offense in the first degree is any sexual act besides vaginal intercourse that occurred. First-degree sexual offenses are felonies. Offenders could be required to serve anywhere from a few years to the rest of their lives in prison as a result. Note that this statute has been repealed.
• Second Degree Rape
  • A person may not engage in vaginal intercourse or a sexual act with another:
    • by force, or the threat of force, without the consent of the other;
    • 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
    • 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.
      • 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.
      • 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.
      • Subject to subparagraph (iv) of this paragraph, a person 18 years of age or older who violates subsection (b) of this section is guilty of the felony of rape in the second degree and on conviction is subject to imprisonment for not less than 15 years and not exceeding life.
      • A court may not suspend any part of the mandatory minimum sentence of 15 years.
      • The person is not eligible for parole during the mandatory minimum sentence.
      • If the State fails to comply with subsection (d) of this section, the mandatory minimum sentence shall not apply.
      • If the State intends to seek a sentence of imprisonment for not less than 15 years under subsection (c)(2) of this section, the State shall notify the person in writing of the State’s intention at least 30 days before trial.

• Attempted Second Degree Rape. If a person commits second degree attempted rape, it means that they tried to rape/penetrate their victim, but did not actually engage in vaginal intercourse with their victim. Intent may need to be proven in those instances. This crime is also a felony that can carry a prison term of several years up to a maximum of life in jail.
• First degree attempted sexual offense. A sexual crime besides vaginal intercourse that was attempted but not completed could be considered a first degree attempted sexual offense. Attempted sexual offenses in the first degree are usually considered to be felonies. The person can be sentenced to several years all the way up to life in jail for those crimes. Note that this crime has been repealed.
• Second degree sexual offense. A second-degree sexual offense is a sex crime that’s committed against a vulnerable person. The victim may be physically incapacitated or mentally handicapped. Second degree sex offenses are felonies. Offenders may be sentenced to prison for no more than 20 years for those crimes. Note that this statute has been repeled
• Second degree attempted sexual offense. Second degree attempted sexual offenses occur when a sex crime is attempted but not completed against a mentally handicapped or disabled individual. Attempted second degree sexual offenses are felonies, punishable by a jail term of up to 20 years. Note that this crime has been rescinded.
• Third degree sexual offense.
  • A person may not:
    • engage in sexual contact with another without the consent of the other; and
    • employ or display a dangerous weapon, or a physical object that the victim reasonably believes is a dangerous weapon;
    • suffocate, strangle, disfigure, or inflict serious physical injury on the victim or another in the course of committing the crime;
    • 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
    • commit the crime while aided and abetted by another;
    • engage in sexual contact with another 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 the victim is a substantially cognitively impaired individual, a mentally incapacitated individual, or a physically helpless individual;
    • engage in sexual contact with another if the victim is under the age of 14 years, and the person performing the sexual contact is at least 4 years older than the victim;
    • engage in a sexual act with another if the victim is 14 or 15 years old, and the person performing the sexual act is at least 21 years old; or
    • engage in vaginal intercourse with another if the victim is 14 or 15 years old, and the person performing the act is at least 21 years old.
  • A person who violates this section is guilty of the felony of sexual offense in the third degree and on conviction is subject to imprisonment not exceeding 10 years.
• Fourth degree sexual offense.
  • A person may not:
    • engage in sexual contact with another without the consent of the other; and
    • employ or display a dangerous weapon, or a physical object that the victim reasonably believes is a dangerous weapon;
    • suffocate, strangle, disfigure, or inflict serious physical injury on the victim or another in the course of committing the crime;
    • 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
    • commit the crime while aided and abetted by another;
    • engage in sexual contact with another 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 the victim is a substantially cognitively impaired individual, a mentally incapacitated individual, or a physically helpless individual;
    • engage in sexual contact with another if the victim is under the age of 14 years, and the person performing the sexual contact is at least 4 years older than the victim;
    • engage in a sexual act with another if the victim is 14 or 15 years old, and the person performing the sexual act is at least 21 years old; or
    • engage in vaginal intercourse with another if the victim is 14 or 15 years old, and the person performing the act is at least 21 years old.
  • A person who violates this section is guilty of the felony of sexual offense in the third degree and on conviction is subject to imprisonment not exceeding 10 years.
• Sodomy. Sodomy is a form of sexual contact that involves oral or anal copulation. It is currently a felony in the state of Maryland. Offenders can be sentenced to jail for up to 10 years for this crime.
• Incest. Sexual intercourse with a family member that the perpetrator cannot marry is considered to be incest. The victim is usually a close family member in most instances. Incest is a felony in Maryland, punishable by 1 to 10 years in jail at the most.
• Visual surveillance with prurient intent. People are not allowed to use video equipment to watch another person for the purpose of committing or attempting unwanted sexual acts with them. Sexual intent must be verified for this type of crime. It must be proven that the surveillance was conducted because the offender had an unhealthy or immoral interest in sex. People who are charged with visual surveillance with prurient intent may be fined up to $2,500 and/or serve up to 1 year in jail for this misdemeanor.
• Sentencing for a prior conviction. If a person has already been convicted for a previous offense listed above, the sentencing guidelines could require that the individual register as a sex offender. They may also face additional penalties for each subsequent violation.
• Sexual conduct between a correctional employee and an inmate. The correctional employee in question may be a prison guard, warden or another person who has been hired or appointed to serve in that particular facility. They may be a full-time employee, part-time employee or a volunteer. They are not allowed to become involved in sexual intercourse or sexual contact with inmates at any time. This crime is a misdemeanor, which can be punished by a fine of as much as $3,000 and/or up to three years in prison.

How long does someone have to stay on the sex offender registry?

The length of time that a person is required to stay on the state sex offender registry depends on the nature and severity of the particular offense. Some offenders may only need to remain on the registry for 10 to 15 years. Others may have their information on the Maryland state sex offender registry for the rest of their natural lives.

A person’s data may be removed from the sex offender database if their record was expunged, they were cleared of the particular crime or if they have passed away. That information may also be deleted if the offender moves to another state or country. However, that person should adhere to the rules and laws in that area regarding sex offender registry. Failure to comply could result in fines or jail time.

If you’ve been charged with one of these or a similar type of crime, give us a call today. You can arrange a free consultation that fits in your schedule. Our trained professionals will listen to what you have to say and provide valuable recommendations for possible next steps. We can even represent you in court if you wish.

Our primary goal is to help you get back on track. This won’t be easy. Being charged with a crime may make others see you in a negative light, even if you’re innocent or were found not guilty. It may take several weeks, months or years to rebuild trust and respect with your partner, children, parents, friends, colleagues and other relatives. There will be good days and bad days along the way, but if you’re willing to do the work, you may find yourself in a far better situation than you could have possibly imagined.