Registrable Sex Crimes in Maryland

It's important to understand that each state has laws relating to various types of crimes that could require someone to have to register as a sex offender. The names of the specific crimes (ex. rape vs. 2nd degree sexual assault) could be different from state to state, causing confusion especially for people who are on the registry and want to move from one state to another and trying to understand what tier level they will be on in a new state.  

Some crimes that require registration may not even be sex-related offenses - such as kidnapping or child kidnapping. 

It is important to understand basic definitions related to parts of the Maryland criminal code that apply to crimes that require a convicted person to register as a sex offender in the state of Maryland

The below definitions are pulled from §3–301.

“Mentally defective individual” means an individual who suffers from mental retardation or a mental disorder, either of which temporarily or permanently renders the individual substantially incapable of:

(1) appraising the nature of the individual’s conduct;

(2) resisting vaginal intercourse, a sexual act, or sexual contact; or

(3) communicating unwillingness to submit to vaginal intercourse, a sexual act, or sexual contact.

“Mentally incapacitated individual” means an individual who, because of the influence of a drug, narcotic, or intoxicating substance, or because of an act committed on the individual without the individual’s consent or awareness, is rendered substantially incapable of:

(1) appraising the nature of the individual’s conduct; or

(2) resisting vaginal intercourse, a sexual act, or sexual contact.

“Physically helpless individual” means an individual who: 

(1) is unconscious; or

(2) (i) does not consent to vaginal intercourse, a sexual act, or sexual contact; and (ii) is physically unable to resist, or communicate unwillingness to submit to, vaginal intercourse, a sexual act, or sexual contact.

“Sexual act” means any of the following acts, regardless of whether semen is emitted:

(i)      analingus;

(ii)     cunnilingus;

(iii)    fellatio;

(iv)    anal intercourse, including penetration, however slight, of the anus; or

(v)     an act: (1) in which an object penetrates, however slightly, into another individual’s genital opening or anus; and (2) that can reasonably be construed to be for sexual arousal or gratification, or for the abuse of either party.

“Sexual act” does not include:

(i)      vaginal intercourse; or

(ii)     an act in which an object penetrates an individual’s genital opening or anus for an accepted medical purpose.

“Sexual contact”, as used in §§ 3–307, 3–308, and 3–314, means an intentional touching of the victim’s or actor’s genital, anal, or other intimate area for sexual arousal or gratification, or for the abuse of either party. “Sexual contact” includes an act: (i) in which a part of an individual’s body, except the penis, mouth, or tongue, penetrates, however slightly, into another individual’s genital opening or anus; and (ii) that can reasonably be construed to be for sexual arousal or gratification, or for the abuse of either party. “Sexual contact” does not include: (i) a common expression of familial or friendly affection; or (ii) an act for an accepted medical purpose.

“Vaginal intercourse” means genital copulation, whether or not semen is emitted. “Vaginal intercourse” includes penetration, however slight, of the vagina.

In the state of Maryland, there are 28 crimes that would require someone to register as a sex offender. They are: 

§3–303.  Rape in the First Degree

§3–304.  Rape in the Second Degree

§3–305.  Sexual Offense in the First Degree

§3–306.  Sexual Offense in the Second Degree

§3–307.  Sexual Offense in the Third Degree

§3–308.  Sexual Offense in the Fourth Degree

§3–309.  Attempted Rape in the First Degree

§3–310.  Attempted Rape in the Second Degree

§3–311.  Attempted Sexual Offense in the First Degree

§3–312.  Attempted Sexual Offense in the Second Degree

§3–313.  Prior conviction - Sentencing

§3–314.  Sexual conduct between correctional or Department of Juvenile Services employee and inmate or confined child

§3–315.  Continuing course of conduct with child

§3–321.  Sodomy

§3–322.  Unnatural or perverted sexual practice

§3–323.  Incest

§3–324.  Sexual Solicitation of a Minor

§3–502. Kidnapping

§3–503.  Child kidnapping

§3–602.  Sexual abuse of a minor

§3–603.  Sale of minor

§3–902.  Visual surveillance with prurient intent

§11–207.  Child pornography

§11–208.  Possession of visual representation of child under 16 engaged in certain sexual acts

§11–209.  Hiring minor for prohibited purpose

§11–303.  Human trafficking

§11–305.  Abduction of child under 16

§11–306.  House of prostitution

The complexity of SORNA at a national level, combined with state-level laws (that vary from state to state) can make understanding the ramifications of a registrable crime confusing. If you or someone you know has been charged with a sex crime, you should contact a lawyer as soon as possible for legal representation. 

In addition to your lawyer, you need an experienced Sex Registry consultant to work with you and your family directly to help navigate the process, understand specifics and provide in-depth knowledge and non-legal guidance. 

Your attorney is an expert in the law, but may not be an expert in SORNA / Sex Registry. Our consultants ulitize legacy knowledge, contacts within the states, the U.S. Department of State and other stakeholders to provide you with the most accurate and current information possible. 

Contact us for a free, non-obligation consultation here.