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EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
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Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*sb0081*
SENATE BILL 81
E1, F5 6lr1369
(PRE–FILED) CF HB 329
By: Senator Folden
Requested: October 28, 2025
Introduced and read first time: January 14, 2026
Assigned to: Judicial Proceedings
Committee Report: Favorable
Senate action: Adopted
Read second time: February 16, 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 generally 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
2 SENATE BILL 81
(2025 Replacement Volume and 2025 Supplement) 1
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 2
That the Laws of Maryland read as follows: 3
Article – Criminal Law 4
3–314. 5
(a) (1) In this section the following words have the meanings indicated. 6
(5) “Law enforcement officer” has the meaning stated in § 1 –101 of the 7
Public Safety Article. 8
(e) (1) Except as provided in paragraph (2) of this subsection, a law 9
enforcement officer may not engage in sexual contact, vaginal intercourse, or a sexual act 10
with a person: 11
(i) who is a victim, witness, or suspect in an open investigation that 12
the law enforcement officer is conducting, supervising, or assisting with if the law 13
enforcement officer knew or should have known that the person is a victim, witness, or 14
suspect in the investigation; 15
(ii) requesting assistance from or responding to the law enforcement 16
officer in the course of the law enforcement officer’s official duties; [or] 17
(iii) in the custody of the law enforcement officer; OR 18
(IV) WHO IS A STUDENT ENROLLED IN A SCHOOL WHERE THE 19
LAW ENFORCEMENT OFFI CER IS ASSIGNED AS A SCHOOL RESOURCE OFFI CER, AS 20
DEFINED IN § 7–1501 OF THE EDUCATION ARTICLE. 21
(2) Paragraph (1)(i) and (ii) of this subsection does not apply if the law 22
enforcement officer: 23
(i) had a prior existing legal sexual relationship with the person; 24
and 25
(ii) did not act under the color or pretense of office or under color of 26
official right when seeking consent to the vaginal intercourse, sexual act, or sexual contact. 27
(f) A person who violates this section is guilty of a misdemeanor and on conviction 28
is subject to imprisonment not exceeding 3 years or a fine not exceeding $3,000 or both. 29
(g) A sentence imposed for a violation of this section may be separate from and 30
consecutive to or concurrent with a sentence for another crime under § 3 –303, § 3–304, or 31
SENATE BILL 81 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 Public 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 Baltimore 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.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.