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EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
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Underlining indicates amendments to bill.
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*hb0501*
HOUSE BILL 501
E1 (6lr1654)
ENROLLED BILL
— Judiciary/Judicial Proceedings —
Introduced by Delegates Bartlett, Behler, Embry, Fair, McComas, Pasteur, Phillips,
Pruski, Schmidt, Simmons, and Woods
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approval this
_______ day of _______________ at ________________________ o’clock, ________M.
______________________________________________
Speaker.
CHAPTER ______
AN ACT concerning 1
Criminal Law – Sexual Offense by a Person in a Position of Authority 2
FOR the purpose of altering the penalties for the misdemeanor penalty for a subsequent 3
conviction of sexual offense by a person in a position of authority; prohibiting a 4
certain person in a position of authority from committing a certain violation 5
involving a child under a certain age; prohibiting a person who has been previously 6
convicted of a certai n crime from committing a certain violation; adding sexual 7
offense by a person in a position of authority as a predicate crime for sexual 8
solicitation of a minor; altering the definitions of “tier I sex offender” and “tier III sex 9
offender” as applicable t o provisions relating to the sex offender registry; and 10
generally relating to sexual crimes. 11
BY repealing and reenacting, with amendments, 12
Article – Criminal Law 13
2 HOUSE BILL 501
Section 3–308 and 3–324 1
Annotated Code of Maryland 2
(2021 Replacement Volume and 2025 Supplement) 3
BY adding to 4
Article – Criminal Law 5
Section 3–308.1 6
Annotated Code of Maryland 7
(2021 Replacement Volume and 2025 Supplement) 8
BY repealing and reenacting, without amendments, 9
Article – Criminal Procedure 10
Section 11–701(a) 11
Annotated Code of Maryland 12
(2025 Replacement Volume) 13
BY repealing and reenacting, with amendments, 14
Article – Criminal Procedure 15
Section 11–701(o) and (q) 16
Annotated Code of Maryland 17
(2025 Replacement Volume) 18
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND , 19
That the Laws of Maryland read as follows: 20
Article – Criminal Law 21
3–308. 22
(a) [(1) In this section the following words have the meanings indicated. 23
(2) (i) “Person in a position of authority” means a person who: 24
1. A. is at least 21 years old and works for remuneration 25
or as a volunteer for a public or private preschool, elementary school, or secondary school; 26
or 27
B. is at least 22 years old and works for remuneration or as a 28
volunteer for a program; and 29
2. exercises supervision over or works or interacts with one 30
or more minors who attend the school or participate in the program. 31
(ii) “Person in a position of authority” includes a principal, vice 32
principal, teacher, coach, or school counselor at a public or private preschool, elem entary 33
school, or secondary school. 34
HOUSE BILL 501 3
(3) “Program” means: 1
(i) an individual, a business, a religious or faith –based institution, 2
or an organization that provides, on a for–profit or nonprofit basis, instructional, coaching, 3
recreational, spiritual, character–building, or supervisory services or activities for minors, 4
including: 5
1. sports, music, dance, art, or martial arts coaching or 6
instruction; 7
2. tutoring or academic enrichment; 8
3. day care or after school care; 9
4. scouting; or 10
5. day or overnight camping; or 11
(ii) any unit of local, State, or federal government. 12
(b)] A person may not engage in: 13
(1) sexual contact with another without the consent of the other; 14
(2) except as provided in § 3 –307(a)(4) of this subti tle, a sexual act with 15
another if the victim is 14 or 15 years old, and the person performing the sexual act is at 16
least 4 years older than the victim; or 17
(3) except as provided in § 3–307(a)(5) of this subtitle, vaginal intercourse 18
with another if the victim is 14 or 15 years old, and the person performing the act is at least 19
4 years older than the victim. 20
[(c) (1) Except as provided in § 3 –307(a)(4) of this subtitle or subsection (b)(2) 21
of this section, a person in a position of authority may not engage in a sexual act or sexual 22
contact with a minor who, at the time of the sexual act or sexual contact: 23
(i) is a student enrolled at a school where the person in a position of 24
authority works; or 25
(ii) 1. is participating in a program for which the person in a 26
position of authority works; and 27
2. is at least 6 years younger than the person in a position of 28
authority. 29
4 HOUSE BILL 501
(2) Except as provided in § 3 –307(a)(5) of this subtitle or subsection (b)(3) 1
of this section, a person in a position of author ity may not engage in vaginal intercourse 2
with a minor who, at the time of the vaginal intercourse: 3
(i) is a student enrolled at a school where the person in a position of 4
authority works; or 5
(ii) 1. is participating in a program for which the pers on in a 6
position of authority works; and 7
2. is at least 6 years younger than the person in a position of 8
authority. 9
(d)] (B) (1) Except as provided in paragraph (2) of this subsection, a person 10
who violates this section is guilty of the misdemeanor of sexual offense in the fourth degree 11
and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding 12
$1,000 or both. 13
(2) (i) On conviction of a violation of this section, a person who has been 14
convicted on a prior occasion not arising from the same incident of a violation of § 3–303, § 15
3–304, §§ 3–307 through 3–310 of this subtitle, § 3 –311 or § 3 –312 of this subtitle as the 16
sections existed before October 1, 2017, § 3 –315 of this subtitle, or § 3 –602 of this title is 17
subject to imprisonment not exceeding 3 years or a fine not exceeding $1,000 or both. 18
(ii) If the State intends to proceed against a person under 19
subparagraph (i) of this paragraph, it shall comply with the procedures set forth in the 20
Maryland Rules for the indictment and trial of a subsequent offender. 21
[(e)] (C) (1) Unless specifically charged by the State, a violation of this 22
section may not be considered a lesser included crime of any other crime. 23
(2) A sentence imposed under this section may be imposed separate from 24
and consecutive to or concurrent with a sentence for any crime based on the act establishing 25
the violation of this section. 26
3–308.1. 27
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 28
INDICATED. 29
(2) (I) “PERSON IN A POSITION OF AUTHORITY” MEANS A PERSON 30
WHO: 31
1. A. IS AT LEAST 21 YEARS OLD AND WORKS FOR 32
REMUNERATION OR AS A VOLUNTEER FOR A PUBL IC OR PRIVATE PRESCH OOL, 33
ELEMENTARY SCHOOL, OR SECONDARY SCHOOL; OR 34
HOUSE BILL 501 5
B. IS AT LEAST 22 YEARS OLD AND WORKS FOR 1
REMUNERATION OR AS A VOLUNTEER FOR A PROGRAM; AND 2
2. EXERCISES SUPERVISIO N OVER OR WORKS OR 3
INTERACTS WITH ONE OR MORE MINORS WHO ATTEND THE SCHOOL OR PARTICIPATE 4
IN THE PROGRAM. 5
(II) “PERSON IN A POSITION OF AUTHORITY ” INCLUDES A 6
PRINCIPAL, VICE PRINCIPAL , TEACHER, COACH, OR SCHOOL COUNSELOR AT A 7
PUBLIC OR PRIVATE PRESCHOOL, ELEMENTARY SCHOOL, OR SECONDARY SCHOOL. 8
(3) “PROGRAM” MEANS: 9
(I) AN INDIVIDUAL, A BUSINESS, A RELIGIOUS OR FAITH–BASED 10
INSTITUTION, OR AN ORGANIZATION T HAT PROVIDES , ON A FOR –PROFIT O R 11
NONPROFIT BASIS , INSTRUCTIONAL, COACHING, RECREATIONAL, SPIRITUAL, 12
CHARACTER–BUILDING, OR SUPERVISORY SERVI CES OR ACTIVITIES FO R MINORS, 13
INCLUDING: 14
1. SPORTS, MUSIC, DANCE, ART, OR MARTIAL ARTS 15
COACHING OR INSTRUCTION; 16
2. TUTORING OR ACADEMIC ENRICHMENT; 17
3. DAY CARE OR AFTER SCHOOL CARE; 18
4. SCOUTING; OR 19
5. DAY OR OVERNIGHT CAMPING; OR 20
(II) ANY UNIT OF LOCAL, STATE, OR FEDERAL GOVERNMENT. 21
(B) (1) EXCEPT AS PROVIDED IN § 3–307(A)(4) OR § 3–308(A)(2) OF THIS 22
SUBTITLE, A PERSON IN A POSITION OF AUTHORITY MAY NOT ENGAGE IN A SEXUAL 23
ACT OR SEXUAL CONTACT WITH A MINOR WHO, AT THE TIME OF THE SEXUAL ACT OR 24
SEXUAL CONTACT: 25
(I) IS A STUDENT ENROLLED AT A SCHOOL WHERE THE PERSON 26
IN A POSITION OF AUTHORITY WORKS; OR 27
(II) 1. IS PA RTICIPATING IN A PRO GRAM FOR WHICH THE 28
PERSON IN A POSITION OF AUTHORITY WORKS; AND 29
6 HOUSE BILL 501
2. IS AT LEAST 6 YEARS YOUNGER THAN THE PERSON IN 1
A POSITION OF AUTHORITY. 2
(2) EXCEPT AS PROVIDED IN § 3–307(A)(5) OR § 3–308(A)(3) OF THIS 3
SUBTITLE, A PERSON IN A POSITION OF AUTHORITY MAY NOT ENGAGE IN VAGINAL 4
INTERCOURSE WITH A MINOR WHO, AT THE TIME OF THE VAGINAL INTERCOURSE: 5
(I) IS A STUDENT ENROLLED AT A SCHOOL WHERE THE PERSON 6
IN A POSITION OF AUTHORITY WORKS; OR 7
(II) 1. IS PARTICIPATING IN A PROGRAM FOR WHICH THE 8
PERSON IN A POSITION OF AUTHORITY WORKS; AND 9
2. IS AT LEAST 6 YEARS YOUNGER THAN THE PERSON IN 10
A POSITION OF AUTHORITY. 11
(C) A PERSON IN A POSITION OF AUTHORITY MAY NOT VIOLATE SUBSECTION 12
(B) OF THIS SECTION INVOLVING A CHILD UNDER THE AGE OF 13 YEARS. 13
(D) A PERSON WHO HAS PREVIOUSLY BEEN CONVICTED OF A VIOLATION OF 14
§ 3–303, § 3–304, §§ 3–307 THROUGH 3–310 OF THIS SUBTITLE, § 3–311 OR § 3–312 15
OF THIS SUBTITLE AS THE SECTIONS EXISTED BEFORE OCTOBER 1, 2017, § 3–315 OF 16
THIS SUBTITLE, OR § 3–602 OF THIS TITLE MAY NOT VIOLATE SUBSECTION (B) OR (C) 17
OF THIS SECTION. 18
(E) (1) A PERSON WHO VIOLATES SUBSECTION (B) OF THIS SECTION IS 19
GUILTY OF THE MISDEMEANOR OF SEXUAL OFFENSE BY A PERSON IN A POSITION OF 20
AUTHORITY AND ON CONVICTION IS SUBJECT TO IMPRISONMENT NOT EXCEEDING 3 21
YEARS 1 YEAR OR A FINE NOT EXCEEDING $1,000 OR BOTH. 22
(2) A PERSON WHO VIOLATES SUBSECTION (C) OF THIS SECTION IS 23
GUILTY OF THE FELONY OF SEXUAL OFFENSE BY A PERSON IN A POSITI ON OF 24
AUTHORITY AND ON CON VICTION IS SUBJECT T O IMPRISONMENT NOT E XCEEDING 25
15 10 YEARS OR A FINE NOT EXCEEDING $25,000 OR BOTH. 26
(3) A PERSON WHO VIOLATES S UBSECTION (D) OF THIS SECTION IS 27
GUILTY OF THE FELONY OF SEXUAL OFFENSE BY A PERSON IN A POSITI ON OF 28
AUTHORITY AND ON CON VICTION IS SUBJECT T O IMPRISONMENT NOT E XCEEDING 29
25 20 YEARS OR A FINE NOT EXCEEDING $50,000 OR BOTH. 30
HOUSE BILL 501 7
(F) (1) UNLESS SPECIFICALLY CHARGED BY THE STATE, A VIOLATION OF 1
THIS SECTION MAY NOT BE CONSIDERED A LESSER INCLUDED CRIME OF ANY OTHER 2
CRIME. 3
(2) A SENTENCE IMPOSED UND ER THIS SECTION MAY BE IMPOSED 4
SEPARATE FROM AND CO NSECUTIVE TO OR CONC URRENT WITH A SENTEN CE FOR 5
ANY CRIME BASED ON THE ACT ESTABLISHING THE VIOLATION OF THIS SECTION. 6
3–324. 7
(a) In this section, “solicit” means to command, authorize, urge, entice, request, 8
or advise a person by any means, including: 9
(1) in person; 10
(2) through an agent or agency; 11
(3) over the telephone; 12
(4) through any print medium; 13
(5) by mail; 14
(6) by computer or Internet; or 15
(7) by any other electronic means. 16
(b) (1) A person may not, with the intent to commit a violation of § 3–304 [or], 17
§ 3–307, OR § 3–308.1 3–308.1(C) OR (D) of this subtitle or § 11–207, § 11–303, § 11–304, 18
§ 11 –305, § 11 –306, or § 11 –307 of this article, knowingly solicit a minor, or a law 19
enforcement officer posing as a minor, to engage in activities that would be unlawful for 20
the person to engage in under § 3–304 [or], § 3–307, OR § 3–308.1 3–308.1(C) OR (D) of 21
this subtitle or § 11–207, § 11–303, § 11–304, § 11–305, § 11–306, or § 11–307 of this article. 22
(2) A person may not, with the intent to commit a violation of § 3–304 [or], 23
§ 3–307, OR § 3–308.1 3–308.1(C) OR (D) of this subtitle or § 11–207, § 11–303, § 11–304, 24
§ 11–305, § 11–306, or § 11 –307 of this article, knowingly solicit the consent of a parent, 25
guardian, or custodian of a minor, or a law enforcement officer posing as a parent, guardian, 26
or custodian of a minor, to engage in activities with the minor that would be unlawful for 27
the person to engage in under § 3 –304 [or], § 3–307, OR § 3–308.1 3–308.1(C) OR (D) of 28
this subtitle or § 11–207, § 11–303, § 11–304, § 11–305, § 11–306, or § 11–307 of this article. 29
(c) A violation of this section is considered to be committed in the State for 30
purposes of determining jurisdiction if the solicitation: 31
(1) originated in the State; or 32
8 HOUSE BILL 501
(2) is received in the State. 1
(d) A person who violates this section is guilty of a felony and on conviction is 2
subject to: 3
(1) for a first offense, imprisonment not exceeding 10 years or a fine not 4
exceeding $25,000 or both; and 5
(2) for a second or subsequent offense, imprisonment not exceeding 20 6
years or a fine not exceeding $50,000 or both. 7
Article – Criminal Procedure 8
11–701. 9
(a) In this subtitle the following words have the meanings indicated. 10
(o) “Tier I sex offender” means a person who has been convicted of: 11
(1) conspiring to commit, attempting to commit, or committing a violation 12
of § 3–308 OR § 3–308.1(B) of the Criminal Law Article; 13
(2) conspiring to commit, attempting to commit, or committing a violation 14
of § 3–902 or § 11–208 of the Criminal Law Article, if the victim is a minor; 15
(3) a crime committed in a federal, military, tribal, or other jurisdiction 16
that, if committed in this State, would constitute one of the crimes listed in item (1) or (2) 17
of this subsection; 18
(4) any of the following federal offenses: 19
(i) misleading doma in names on the Internet under 18 U.S.C. § 20
2252B; 21
(ii) misleading words or digital images on the Internet under 18 22
U.S.C. § 2252C; 23
(iii) engaging in illicit conduct in foreign places under 18 U.S.C. § 24
2423(c); 25
(iv) failure to file a factual statement about an alien individual under 26
18 U.S.C. § 2424; 27
(v) transmitting information about a minor to further criminal 28
sexual conduct under 18 U.S.C. § 2425; 29
HOUSE BILL 501 9
(vi) sex trafficking by force, fraud, or coercion under 18 U.S.C. § 1591; 1
or 2
(vii) travel with intent to engage in illicit conduct under 18 U.S.C. § 3
2423(b); 4
(5) any military offense specified by the Secretary of Defense under Section 5
115(A)(8)(C)(i) of Public Law 105 –119 (codified at 10 U.S.C. § 951 Note) that is similar to 6
those offenses listed in item (4) of this subsection; or 7
(6) a crime in a court of Canada, Great Britain, Australia, New Zealand, or 8
any other foreign country where the United States Department of State has determined in 9
its Country Reports on Human Rights Practices that an independent judiciary generally or 10
vigorously enforced the right to a fair trial during the year in which the conviction occurred 11
that, if the crime were committed in this State, would constitute one of the crimes listed in 12
items (1) through (5) of this subsection. 13
(q) “Tier III sex offender” means a person who has been convicted of: 14
(1) conspiring to commit, attempting to commit, or committing a violation 15
of: 16
(i) § 2–201(a)(4)(viii), (x), or (xi) of the Criminal Law Article; 17
(ii) § 3–303, § 3 –304, § 3 –307(a)(1) or (2), § 3–308.1(C) OR (D), § 18
3–309, § 3–310, § 3–311, § 3–312, § 3–315, § 3–323, or § 3–602 of the Criminal Law Article; 19
(iii) § 3–502 of the Criminal Law Article, if the victim is a minor; 20
(iv) § 3–502 of the Criminal Law Article, if the victim is an adult, and 21
the person has been ordered by the court to register under this subtitle; 22
(v) the common law offense of sodomy, as that offense existed before 23
October 1, 2020, or § 3 –322 of the Criminal Law Article, as that offense existed before 24
October 1, 2023, if the offense was committed with force or threat of force; or 25
(vi) § 3–305 or § 3 –306 of the Criminal Law Article as the sections 26
existed before October 1, 2017; 27
(2) conspiring to commit, attempting to commit, or committing a violation 28
of § 3–307(a)(3), § 3–314, § 3–503, or § 3–603 of the Criminal Law Article, if the victim is 29
under the age of 14 years; 30
(3) conspiring to commit, attempting to commit, or committing the common 31
law offense of false imprisonment, if the victim is a minor; 32
10 HOUSE BILL 501
(4) conspiring to commit, attempting to commit, or committing an offense 1
that would require the person to register as a tier I or tier II sex offender after the person 2
was already registered as a tier II sex offender; 3
(5) a crime committed in a federal, military, tribal, or other jurisdiction 4
that, if committed in this State, would constitute one of the crimes listed in items (1) 5
through (3) of this subsection; or 6
(6) a crime in a court of Canada, Great Britain, Australia, New Zealand, or 7
any other foreign country where the United States Department of State has determined in 8
its Country Reports on Human Rights Practices that an independent judiciary generally or 9
vigorously enforced the right to a fair trial during the year in which the conviction occurred 10
that, if the crime were committed in this State, would constitute one of the crimes listed in 11
items (1) through (3) of this subsection. 12
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 13
October 1, 2026. 14
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.