Registrable Child Sex Offenses In Maryland Explained

What is a registrable child sex offense?

A registrable child sex offense is a crime that may necessitate a person’s information to be provided for the state sex offender database. Sentencing guidelines will typically determine whether or not an offender will be required to register. The severity of the crime may also play a role in that decision.

What is the state sex offender registry?

Each state in the union has its own sex offender database. People who are required to be listed on the registry will be asked to give personal information, such as their name, age, address, school location, fingerprints, any aliases or social media handles that they may go by, current email addresses, and other details. That data will be made available to the general public. It can be viewed by anyone who wants to as long as that particular person is on the sex offender registry.

What crimes can result in requiring a person to be listed on the Maryland state sex offender registry?

A person could be ordered to appear on the Maryland state sex offender registry if they commit one or more of the child sex offenses and child-related offenses listed below. This is not an exhaustive list and does not include most prostitution-related crimes, which is covered in this 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.

Second degree rape. A person may be charged with second-degree rape of a minor if the victim was under 14 years of age and the aggressor was at least 4 years older than the victim at the time. This is a felony. Offenders can be sentenced to anywhere from 15 years to life in prison for this crime.

Second degree attempted rape. If the perpetrator tried to rape a person who was under 14 years of old but did not complete the act, they could be arrested for second degree attempted rape. People can be sentenced to up to 20 years in jail for this felony offense.

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.

Child sexual abuse, Continuing course of conduct with child. An individual who continues to engage or attempt involvement in acts of actual or attempted rape or sexual assault of a minor may be charged with the crime of continuing course of conduct with a child. This is a felony that carries a maximum sentence of 30 years in prison.

Sexual solicitation of a minor. People are not allowed to promote or advertise a child for the purposes of sexual interaction with other minors or adults. If an individual is found guilty of this felony, they could be ordered to pay a fine of no more than $50,000 and/or serve up to 10 years in jail as a result.

Child kidnapping. Maryland’s parental kidnapping law makes it illegal to remove, take or abduct a minor by force to another place. The person in question cannot be the child’s legal guardian or parent. The minor that was taken must have been under 16 years old. Depending on the age of the abducted child at the time of the incident, people who are convicted of this felony could face 20 to 30 years in prison for this crime. This must be in conjunction with a sexual offense.

Sale of a minor. Minors cannot be sold, bartered, exchanged or traded for money, goods or services or any other real or perceived items that have some sort of monetary value. This is currently a misdemeanor offense in Maryland. People who are found guilty of selling or attempting to sell a minor can be fined up to $10,000 and/or serve 5 years in jail.

Sexual abuse of a minor. Sexual abuse of a minor includes instances of rape, incest, sodomy or any type of perverted sexual practice or any kind of sexual assault. This is a felony which has a maximum sentence of 25 years in prison.

Sexual conduct between a confined child and a Department of Juvenile Services employee. It is illegal for a person who works for the state Department of Juvenile Services to engage in sexual activity with a minor who is confined to their particular facility. The offender may be security guard, manager or other personnel. This is a misdemeanor. Offenders could be ordered to pay a fine of no more than $3,000 and/or serve up to 3 years in jail if they are convicted.

Child abduction. Children cannot be abducted by their non-custodial parent, other relative, friend of the family, acquaintance or stranger for any reason. The judge presiding over the case will decide if the offense is merely abduction or if it could also be considered abduction. If the offender is charged with child abduction, they could face a fine of no more than $10,000 and/or as much as 4 years in jail for this type of felony.

Sentencing for a prior conviction. If a person was already sentenced for one of the offenses listed above or another related crime, they may have additional fines or jail time assessed. The specific amount and length of those penalties will be largely based on the person’s criminal record. Sentencing rules will also stipulate how much additional prison time and/or fines will be added on.

How long will offenders stay on the sex offender registry?

A person could be ordered to stay on the Maryland state sex offender registry for only a few years. They could also be listed on that database for the rest of their natural life. The crime itself will usually determine how long that particular person must stay on the state sex offender registry.

Can a person ever be removed from the Maryland state sex offender registry?

Once a person’s required time on the sex offender registry has expired, their information will be removed. They can also be taken off of the registry if their record is expunged, they were found innocent of the crime or if they have moved to another state or country. It’s important to pay attention to the laws for that new nation or state, as failing to comply or register with their sex offender registry in the compulsory amount of time can cause that person to pay fines or serve time in jail.

If you have questions about registrable child sex offenses, we’re here to help. Give us a call today to set up a no-obligation consultation. Our trained professionals will hear your side of the story and offer valuable advice. We can even represent you in court if you so choose.

Our primary goal is to help you get back on your feet again. We know this won’t be easy, especially if you’ve been convicted of a crime. It’s going to take a few months or years to regain and rebuild trust and respect with your family members, friends, coworkers and others in your social circle. There will probably be many more bad days than good days at first. If you’re willing to put forth the effort, you may find yourself back to loving life again before you realize it.