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HB0329 • 2026

Criminal Law - School Resource Officers - Prohibition on Sexual Activity with Students

Criminal Law - School Resource Officers - Prohibition on Sexual Activity with Students

Crime Education
Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Delegates Simpson , Fair , Kerr , and Shetty
Last action
2026-05-12
Official status
Approved by the Governor - Chapter 452
Effective date
2026-07-01

Plain English Breakdown

The official source material does not provide information on enforcement mechanisms or potential training programs for SROs.

Law to Prohibit School Resource Officers from Sexual Activity with Students

This law makes it illegal for school resource officers (SROs) to engage in sexual acts, contact, or intercourse with students at their assigned schools and sets penalties for violations.

What This Bill Does

  • Makes it against the law for a school resource officer (SRO) to engage in any form of sexual activity, including touching or having sex, with a student at their assigned school.
  • Defines an SRO as a police officer who works in schools under agreements between local education agencies and law enforcement agencies.
  • States that anyone breaking this rule can be charged with a misdemeanor and face up to 3 years in jail or a fine of up to $3,000, or both.

Who It Names or Affects

  • School resource officers who work at schools and interact with students.
  • Students enrolled in schools where school resource officers are assigned.

Terms To Know

school resource officer (SRO)
A police officer working in a school under an agreement between the local education agency and law enforcement.
misdemeanor
A crime that is less serious than a felony but more serious than an infraction, often punishable by up to one year in jail.

Limits and Unknowns

  • The bill does not specify what happens if the SRO and student had a legal relationship before the SRO started working at the school.
  • It is unclear how this law will be enforced or monitored in schools.

Bill History

  1. 2026-05-12 Post Passage

    Approved by the Governor - Chapter 452

  2. 2026-04-08 Senate

    Favorable Report by Judicial Proceedings

  3. 2026-03-24 House

    Returned Passed

  4. 2026-03-21 Senate

    Third Reading Passed (39-0)

  5. 2026-03-19 Senate

    Favorable Adopted Second Reading Passed

  6. 2026-03-13 House

    Favorable Report by Judiciary

  7. 2026-03-05 House

    Third Reading Passed (132-0)

  8. 2026-03-03 Senate

    Referred Judicial Proceedings

  9. 2026-03-01 House

    Favorable Adopted Second Reading Passed

  10. 2026-01-29 House

    Hearing 2/24 at 1:00 p.m.

  11. 2026-01-16 House

    First Reading Judiciary

  12. Maryland General Assembly

    Text - First - Criminal Law - School Resource Officers - Prohibition on Sexual Activity with Students

  13. Maryland General Assembly

    Vote - House - Committee - Judiciary

  14. Maryland General Assembly

    Text - Third - Criminal Law - School Resource Officers - Prohibition on Sexual Activity with Students

  15. Maryland General Assembly

    Vote - Senate - Committee - Judicial Proceedings

  16. Maryland General Assembly

    Text - Chapter - Criminal Law - School Resource Officers - Prohibition on Sexual Activity with Students

Official Summary Text

Prohibiting a law enforcement officer from engaging in certain sexual acts, sexual contact, or vaginal intercourse with a student enrolled in a school where the law enforcement officer is assigned as a school resource officer; and providing that a person who violates the Act is guilty of a misdemeanor and on conviction is subject to a term of imprisonment of up to 3 years or a fine not exceed $3,000 or both.

Current Bill Text

Read the full stored bill text
EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb0329*

HOUSE BILL 329
E1, F5 6lr1371
CF SB 81
By: Delegates Simpson, Fair, Kerr, and Shetty
Introduced and read first time: January 16, 2026
Assigned to: Judiciary
Committee Report: Favorable
House action: Adopted
Read second time: March 1, 2026

CHAPTER ______

AN ACT concerning 1

Criminal Law – School Resource Officers – Prohibition on Sexual Activity with 2
Students 3

FOR the purpose of prohibiting a law enforcement officer from engaging in certain sexual 4
acts, sexual contact, or vaginal intercourse with a student enrolled in a school where 5
the law enforcement officer is assigned as a school resource officer; and genera lly 6
relating to school resource officers and prohibited activities with students. 7

BY repealing and reenacting, without amendments, 8
Article – Criminal Law 9
Section 3–314(a)(1) and (5), (f), and (g) 10
Annotated Code of Maryland 11
(2021 Replacement Volume and 2025 Supplement) 12

BY repealing and reenacting, with amendments, 13
Article – Criminal Law 14
Section 3–314(e) 15
Annotated Code of Maryland 16
(2021 Replacement Volume and 2025 Supplement) 17

BY repealing and reenacting, without amendments, 18
Article – Education 19
Section 7–1501(a) and (j) 20
Annotated Code of Maryland 21
(2025 Replacement Volume and 2025 Supplement) 22
2 HOUSE BILL 329

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
That the Laws of Maryland read as follows: 2

Article – Criminal Law 3

3–314. 4

(a) (1) In this section the following words have the meanings indicated. 5

(5) “Law enforcement officer” has the meaning stated in § 1 –101 of the 6
Public Safety Article. 7

(e) (1) Except as provided in paragraph (2) of this subsection, a law 8
enforcement officer may not engage in sexual contact, vaginal intercourse, or a sexual act 9
with a person: 10

(i) who is a victim, witness, or suspect in an open investigation that 11
the law enforcement officer is conducting, supervising, or assisting with if the law 12
enforcement officer knew or should have known that the person is a victim, witness, or 13
suspect in the investigation; 14

(ii) requesting assistance from or responding to the law enforcement 15
officer in the course of the law enforcement officer’s official duties; [or] 16

(iii) in the custody of the law enforcement officer; OR 17

(IV) WHO IS A STUDENT ENR OLLED IN A SCHOOL WH ERE THE 18
LAW ENFORCEMENT OFFI CER IS ASSIGNED AS A SCHOOL RESOURCE OFFI CER, AS 19
DEFINED IN § 7–1501 OF THE EDUCATION ARTICLE. 20

(2) Paragraph (1)(i) and (ii) of this subsection does not apply if the law 21
enforcement officer: 22

(i) had a prior existing legal sexual relationship with the person; 23
and 24

(ii) did not act under the color or pretense of office or under color of 25
official right when seeking consent to the vaginal intercourse, sexual act, or sexual contact. 26

(f) A person who violates this section is guilty of a misdemeanor and on conviction 27
is subject to imprisonment not exceeding 3 years or a fine not exceeding $3,000 or both. 28

(g) A sentence i mposed for a violation of this section may be separate from and 29
consecutive to or concurrent with a sentence for another crime under § 3 –303, § 3–304, or 30
HOUSE BILL 329 3

§§ 3–307 through 3 –310 of this subtitle, or § 3 –305, § 3 –306, § 3 –311, or § 3 –312 of this 1
subtitle as the sections existed before October 1, 2017. 2

Article – Education 3

7–1501. 4

(a) In this subtitle the following words have the meanings indicated. 5

(j) “School resource officer” means: 6

(1) A law enforcement officer as defined under § 1 –101(c) of the Pu blic 7
Safety Article who has been assigned to a school in accordance with a memorandum of 8
understanding between the chief of a law enforcement agency as defined under § 3–201(d) 9
of the Public Safety Article and the local education agency; or 10

(2) A Baltim ore City school police officer, as defined in § 4 –318 of this 11
article. 12

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 13
1, 2026. 14

Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.