Maryland Age of Consent Laws

As far as the legal age of consent in Maryland to consent for participation in sexual activity, the legal age of consent for sex is 16 years old. Importantly, this age requirement for consent applies regardless of an individual’s sex and sexual identity.

It is also important to note that there are other states that have allowances and exceptions to the age of consent for sexual activity for minors who are below the age of consent but are still close to the same age.

This “close-in-age exception” exists because statutory rape laws are meant to prevent minors from being sexually exploited by adults and not to prevent sexual activities between minors altogether. As such, statutory rape laws are not meant to punish individuals who are close in age for engaging in consensual, non-exploitative sexual conduct.

However, the state of Maryland does not have a close-in-age exemption. As such, there is no “Romeo and Juliet law” in Maryland. This means that it is possible for two individuals, both under the age of 16, who consensually and willingly engage in sexual activities to be prosecuted for statutory rape. However, prosecution for consensual underage sexual activities between minors is rare.

However, it is important to visit the Maryland Code of Criminal Law in order to fully understand the age of consent laws when it comes to sexual activities. Specifically, the laws regarding age of consent may be found in the Maryland Code of Criminal Law Section 3-301.

That code states that it is a crime in the state of Maryland for a person to engage in vaginal intercourse or a sexual act with another person 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. In general, any individual in Maryland can be convicted of statutory rape if the victim is under 16 years of age and there is a 4-year age difference between the victim and the other individual.

It is important to note that there are criminal penalties for any individual that fails to follow the age of consent laws in the state of Maryland.

Further, the crimes and criminal penalties may be harsher for the defendant alleged to have committed statutory rape if:
The victim did not consent:

• The victim was cognitively impaired;
• The victim was physically helpless;
• The victim was mentally incapacitated, or in other specific cases outlined in the Maryland Code of Criminal Law.

What Is the Penalty for Violating the Age of Consent Law?

Once again, Maryland has statutory rape laws, which serve to criminally punish individuals for the sexual exploitation of minors. In general, all forms and degrees of statutory rape in the state of Maryland are punishable as a felony. However, the exact criminal penalties and charges will depend on certain factors.

The below list is a summary of the statutory rape charges an individual may face in Maryland:

Vaginal Intercourse:

• For criminal cases in which the victim is under 14 years of age, and the defendant is 4 or more years older than the victim, then the following criminal penalties will apply:
  • Second Degree Rape Felony charge with a prison sentence of up to 20 years in prison;
• For criminal cases in which the victim is aged 14-15 and the defendant is age 21 or older, the following criminal penalties will apply:
  • Third Degree Sexual Offense Felony charge with a prison sentence of up to 10 years in prison;
• For criminal cases in which the victim is aged 14-15 and the defendant is 4 years older than the victim but under the age of 21, the following criminal penalties will apply:
  • Fourth Degree Sexual Offense Misdemeanor charge, with imprisonment of up to 1 year and criminal fines of up to $1,000.

Sexual Acts Including Oral and Anal Sex:

• For criminal cases in which the victim is under 14 years of age and the defendant is 4 or more years older than the victim, then the following criminal penalties will apply:
  • Second Degree Rape Felony charge with a prison sentence of up to 20 years in prison;
• For criminal cases in which the victim is aged 14-15 and the defendant is age 21 or older, the following criminal penalties will apply:
  • Third Degree Sexual Offense Felony charge with a prison sentence of up to 10 years in prison;
• For criminal cases in which the victim is aged 14-15 and the defendant is 4 years older than the victim but under the age of 21, the following criminal penalties will apply:
  • Fourth Degree Sexual Offense Misdemeanor charge, with imprisonment of up to 1 year and criminal fines of up to $1,000.

All Other Sexual Contact:

• For criminal cases in which the victim is under 14 and the defendant is four years older than the victim, the following criminal penalties apply:
  • Third Degree Sexual Offense Felony charge with imprisonment of up to 10 years in prison.

In addition to all of the above criminal penalties, an individual committed of a statutory rape crime may also have to register as a sex offender. Additionally, a felony conviction may also lead to the loss of other rights, such as the ability to obtain professional licensure, own a firearm, or vote in an election.

Are There Any Defenses to Age of Consent Violation?

In short, yes, there are a few legal defenses that are applicable regarding the age of consent in Maryland. The best legal defense to a violation of the age of consent laws is that the allegations that were made against you are false allegations. In order to assert a false allegation charge, the individual raising the affirmative defense must provide evidence that the allegations being made against them are indeed false.

This means that evidence must be presented to the court that provides a solid alibi or proves the falsity of the statements that are the basis of the charges.

Another legal defense that is available to a violation of the age of consent laws is asserting a solid defense to the charges being brought against the individual. This is more of a technical defense as it involves attacking the criminal elements of the crime that the individual is being charged with.

In other words, the prosecutor has the burden of proving their case beyond a reasonable doubt, which means if the defendant can present a case that does not allow the prosecutor to meet their burden, then the case against them must be dismissed, and they may not be convicted.

Do I Need a Lawyer for Help?

As can be seen, violations of Maryland’s age of consent, especially in cases involving a statutory rape charge, may result in severe criminal penalties. As such, If you have been accused of statutory rape, it is important to immediately consult with an experienced Maryland criminal lawyer.

An experienced criminal defense attorney will be able to advise you of your legal rights, as well as help you build a solid legal defense. An attorney will also be able to assert any legal defense that may be applicable to your specific case. Finally, an attorney will be able to represent you at any in-person criminal proceeding.