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EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb0138*
HOUSE BILL 138
E1 6lr1241
(PRE–FILED) CF SB 230
By: Delegates Bartlett, Crutchfield, Embry, Simmons, and Williams
Requested: October 17, 2025
Introduced and read first time: January 14, 2026
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Criminal Law – Third–Degree Sexual Offense – Burglary 2
FOR the purpose of establishing that engaging in sexual contact with another without the 3
consent of the other in connection with a first –, second–, or third –degree burglary 4
constitutes sexual offense in the third degree; altering the definitions of “tier I sex 5
offender”, “tier II sex offender”, and “tier III sex offender” applicable to provisions 6
relating to sex offender registration to include certain acts constituting sexual 7
offense in the third degree; and generally relating to sexual offense in the third 8
degree. 9
BY repealing and reenacting, with amendments, 10
Article – Criminal Law 11
Section 3–307 12
Annotated Code of Maryland 13
(2021 Replacement Volume and 2025 Supplement) 14
BY repealing and reenacting, without amendments, 15
Article – Criminal Procedure 16
Section 11–701(a) 17
Annotated Code of Maryland 18
(2025 Replacement Volume) 19
BY repealing and reenacting, with amendments, 20
Article – Criminal Procedure 21
Section 11–701(o), (p), and (q) 22
Annotated Code of Maryland 23
(2025 Replacement Volume) 24
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 25
That the Laws of Maryland read as follows: 26
2 HOUSE BILL 138
Article – Criminal Law 1
3–307. 2
(a) A person may not: 3
(1) (i) engage in sexual contact with another without the consent of the 4
other; and 5
(ii) 1. employ or display a dangerous weapon, or a physical object 6
that the victim reasonably believes is a dangerous weapon; 7
2. suffocate, strangle, disfigure, or inflict serious physical 8
injury on the victim or another in the course of committing the crime; 9
3. threaten, or place the victim in fear, that the victim, or an 10
individual known to the victim, imminen tly will be subject to death, suffocation, 11
strangulation, disfigurement, serious physical injury, or kidnapping; [or] 12
4. commit the crime while aided and abetted by another; OR 13
5. COMMIT THE CRIME IN CONNECTION WITH A 14
BURGLARY IN THE FIRST DEGREE UNDER § 6–202 OF THIS ARTICLE, A BURGLARY IN 15
THE SECOND DEGREE UN DER § 6–203 OF THIS ARTICLE , OR A BURGLARY IN THE 16
THIRD DEGREE UNDER § 6–204 OF THIS ARTICLE; 17
(2) engage in sexual contact with another if the victim is a substantially 18
cognitively impair ed individual, a mentally incapacitated individual, or a physically 19
helpless individual, and the person performing the act knows or reasonably should know 20
the victim is a substantially cognitively impaired individual, a mentally incapacitated 21
individual, or a physically helpless individual; 22
(3) engage in sexual contact with another if the victim is under the age of 23
14 years, and the person performing the sexual contact is at least 4 years older than the 24
victim; 25
(4) engage in a sexual act with another if the victim is 14 or 15 years old, 26
and the person performing the sexual act is at least 21 years old; or 27
(5) engage in vaginal intercourse with another if the victim is 14 or 15 28
years old, and the person performing the act is at least 21 years old. 29
(b) A person who violates this section is guilty of the felony of sexual offense in 30
the third degree and on conviction is subject to imprisonment not exceeding 10 years. 31
HOUSE BILL 138 3
Article – Criminal Procedure 1
11–701. 2
(a) In this subtitle the following words have the meanings indicated. 3
(o) “Tier I sex offender” means a person who has been convicted of: 4
(1) conspiring to commit, attempting to commit, or committing a violation 5
of § 3–308 of the Criminal Law Article; 6
(2) conspiring to commit, attempting to c ommit, or committing a violation 7
of § 3–902 or § 11–208 of the Criminal Law Article, if the victim is a minor; 8
(3) CONSPIRING TO COMMIT , ATTEMPTING TO COMMIT , OR 9
COMMITTING A VIOLATION OF § 3–307(A)(1)(II)5 OF THE CRIMINAL LAW ARTICLE, 10
IF THE VICTIM IS NOT A MINOR; 11
[(3)] (4) a crime committed in a federal, military, tribal, or other 12
jurisdiction that, if committed in this State, would constitute one of the crimes listed in 13
[item (1) or (2)] ITEMS (1) THROUGH (3) of this subsection; 14
[(4)] (5) any of the following federal offenses: 15
(i) misleading domain names on the Internet under 18 U.S.C. § 16
2252B; 17
(ii) misleading words or digital images on the Internet under 18 18
U.S.C. § 2252C; 19
(iii) engaging in illicit conduct in foreign places under 18 U.S.C. § 20
2423(c); 21
(iv) failure to file a factual statement about an alien individual under 22
18 U.S.C. § 2424; 23
(v) transmitting information about a minor to further criminal 24
sexual conduct under 18 U.S.C. § 2425; 25
(vi) sex trafficking by force, fraud, or coercion under 18 U.S.C. § 1591; 26
or 27
(vii) travel with intent to engage in illicit conduct under 18 U.S.C. § 28
2423(b); 29
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[(5)] (6) any military offense specified by the Secretary of Defense under 1
Section 115(A)(8)(C)(i) of Public Law 105 –119 (codified at 10 U.S.C. § 951 Note) that is 2
similar to those offenses listed in item [(4)] (5) of this subsection; or 3
[(6)] (7) a crime in a co urt of Canada, Great Britain, Australia, New 4
Zealand, or any other foreign country where the United States Department of State has 5
determined in its Country Reports on Human Rights Practices that an independent 6
judiciary generally or vigorously enforced the right to a fair trial during the year in which 7
the conviction occurred that, if the crime were committed in this State, would constitute 8
one of the crimes listed in items (1) through [(5)] (6) of this subsection. 9
(p) “Tier II sex offender” means a person who has been convicted of: 10
(1) conspiring to commit, attempting to commit, or committing a violation 11
of § 3–307(a)(4) or (5), § 3–324, § 11–207, or § 11–209 of the Criminal Law Article; 12
(2) conspiring to commit, attempting to commit, or committing a violation 13
of § 3 –1102, § 3 –1103, § 11 –303, § 11 –305, § 11 –306, or § 11 –307 of the Criminal Law 14
Article, if the intended prostitute or victim is a minor; 15
(3) conspiring to commit, attempting to commit, or committing a violation 16
of § 3–314 or § 3–603 of the Criminal Law Article, if the victim is a minor who is at least 14 17
years old; 18
(4) CONSPIRING TO COMMIT , ATTEMPTING TO COMMIT , OR 19
COMMITTING A VIOLATION OF § 3–307(A)(1)(II)5 OF THE CRIMINAL LAW ARTICLE, 20
IF THE VICTIM IS A MINOR WHO IS AT LEAST 13 YEARS OLD; 21
[(4)] (5) conspiring to commit, attempting to commit, or committing an 22
offense that would require the person to register as a tier I sex offender after the person 23
was already registered as a tier I sex offender; 24
[(5)] (6) a crime that was committed in a federal, military, tribal, or other 25
jurisdiction that, if committed in this State, would constitute one of the crimes listed in 26
items (1) through [(3)] (4) of this subsection; or 27
[(6)] (7) a crime in a court of Canada, Great Britain, Aust ralia, New 28
Zealand, or any other foreign country where the United States Department of State has 29
determined in its Country Reports on Human Rights Practices that an independent 30
judiciary generally or vigorously enforced the right to a fair trial during the year in which 31
the conviction occurred that, if the crime were committed in this State, would constitute 32
one of the crimes listed in items (1) through [(3)] (4) of this subsection. 33
(q) “Tier III sex offender” means a person who has been convicted of: 34
HOUSE BILL 138 5
(1) conspiring to commit, attempting to commit, or committing a violation 1
of: 2
(i) § 2–201(a)(4)(viii), (x), or (xi) of the Criminal Law Article; 3
(ii) § 3 –303, § 3 –304, [§ 3 –307(a)(1) or (2) ] § 3–307(A)(1)(II)1 4
THROUGH 4 AND (2), § 3–309, § 3–310, § 3–311, § 3–312, § 3–315, § 3–323, or § 3–602 of 5
the Criminal Law Article; 6
(iii) § 3–502 of the Criminal Law Article, if the victim is a minor; 7
(iv) § 3–502 of the Criminal Law Article, if the victim is an adult, and 8
the person has been ordered by the court to register under this subtitle; 9
(v) the common law offense of sodomy, as that offense existed before 10
October 1, 2020, or § 3 –322 of the Criminal Law Article, as that offense existed before 11
October 1, 2023, if the offense was committed with force or threat of force; or 12
(vi) § 3–305 or § 3 –306 of the Criminal Law Article as the sections 13
existed before October 1, 2017; 14
(2) conspiring to commit, attempting to commit, or committing a violation 15
of § 3–307(a)(3), § 3–314, § 3–503, or § 3–603 of the Criminal Law Article, if the victim is 16
under the age of 14 years; 17
(3) conspiring to commit, attempting to commit, or committing the common 18
law offense of false imprisonment, if the victim is a minor; 19
(4) CONSPIRING TO COMMIT , ATTEMPTING TO COMMIT, OR 20
COMMITTING A VIOLATION OF § 3–307(A)(1)(II)5 OF THE CRIMINAL LAW ARTICLE, 21
IF THE VICTIM IS A MINOR WHO IS UNDER THE AGE OF 13 YEARS; 22
[(4)] (5) conspiring to commit, attempting to commit, or committing an 23
offense that would require the person to register as a tier I or tier II sex offender after the 24
person was already registered as a tier II sex offender; 25
[(5)] (6) a crime committed in a federal, military, tribal, or other 26
jurisdiction that, if committed in this State, would constitute one o f the crimes listed in 27
items (1) through [(3)] (4) of this subsection; or 28
[(6)] (7) a crime in a court of Canada, Great Britain, Australia, New 29
Zealand, or any other foreign country where the United States Department of State has 30
determined in its Count ry Reports on Human Rights Practices that an independent 31
judiciary generally or vigorously enforced the right to a fair trial during the year in which 32
the conviction occurred that, if the crime were committed in this State, would constitute 33
one of the crimes listed in items (1) through [(3)] (4) of this subsection. 34
6 HOUSE BILL 138
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to 1
apply only prospectively and may not be applied or interpreted to have any effect on or 2
application to any acts committed before the effective date of this Act. 3
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 4
October 1, 2026. 5