Criminal Law - Sexual Offense by a Person in a Position of Authority

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.
*sb0407*

SENATE BILL 407
E1 6lr1652
CF HB 501
By: Senators Gile, Love, Beidle, and Hettleman Hettleman, Folden, McKay, James,
and West
Introduced and read first time: January 29, 2026
Assigned to: Judicial Proceedings
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: March 21, 2026

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
Section 3–308 and 3–324 14
Annotated Code of Maryland 15
(2021 Replacement Volume and 2025 Supplement) 16

BY adding to 17
Article – Criminal Law 18
Section 3–308.1 19
Annotated Code of Maryland 20
(2021 Replacement Volume and 2025 Supplement) 21

2 SENATE BILL 407

BY repealing and reenacting, without amendments, 1
Article – Criminal Procedure 2
Section 11–701(a) 3
Annotated Code of Maryland 4
(2025 Replacement Volume) 5

BY repealing and reenacting, with amendments, 6
Article – Criminal Procedure 7
Section 11–701(o) and (q) 8
Annotated Code of Maryland 9
(2025 Replacement Volume) 10

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND , 11
That the Laws of Maryland read as follows: 12

Article – Criminal Law 13

3–308. 14

(a) [(1) In this section the following words have the meanings indicated. 15

(2) (i) “Person in a position of authority” means a person who: 16

1. A. is at least 21 years old and works for remuneration 17
or as a volunteer for a public or private preschool, elementary school, or secondary school; 18
or 19

B. is at least 22 years old and works for remuneration or as a 20
volunteer for a program; and 21

2. exercises supervision over or works or interacts with one 22
or more minors who attend the school or participate in the program. 23

(ii) “Person in a position of authority” includes a principal, vice 24
principal, teacher, coach, or school counselor at a public or private preschool, elem entary 25
school, or secondary school. 26

(3) “Program” means: 27

(i) an individual, a business, a religious or faith –based institution, 28
or an organization that provides, on a for–profit or nonprofit basis, instructional, coaching, 29
recreational, spiritual, character–building, or supervisory services or activities for minors, 30
including: 31

1. sports, music, dance, art, or martial arts coaching or 32
instruction; 33

SENATE BILL 407 3

2. tutoring or academic enrichment; 1

3. day care or after school care; 2

4. scouting; or 3

5. day or overnight camping; or 4

(ii) any unit of local, State, or federal government. 5

(b)] A person may not engage in: 6

(1) sexual contact with another without the consent of the other; 7

(2) except as provided in § 3 –307(a)(4) of this subti tle, a sexual act with 8
another if the victim is 14 or 15 years old, and the person performing the sexual act is at 9
least 4 years older than the victim; or 10

(3) except as provided in § 3–307(a)(5) of this subtitle, vaginal intercourse 11
with another if the victim is 14 or 15 years old, and the person performing the act is at least 12
4 years older than the victim. 13

[(c) (1) Except as provided in § 3 –307(a)(4) of this subtitle or subsection (b)(2) 14
of this section, a person in a position of authority may not engage in a sexual act or sexual 15
contact with a minor who, at the time of the sexual act or sexual contact: 16

(i) is a student enrolled at a school where the person in a position of 17
authority works; or 18

(ii) 1. is participating in a program for which the person in a 19
position of authority works; and 20

2. is at least 6 years younger than the person in a position of 21
authority. 22

(2) Except as provided in § 3 –307(a)(5) of this subtitle or subsection (b)(3) 23
of this section, a person in a position of author ity may not engage in vaginal intercourse 24
with a minor who, at the time of the vaginal intercourse: 25

(i) is a student enrolled at a school where the person in a position of 26
authority works; or 27

(ii) 1. is participating in a program for which the pers on in a 28
position of authority works; and 29

2. is at least 6 years younger than the person in a position of 30
authority. 31
4 SENATE BILL 407

(d)] (B) (1) Except as provided in paragraph (2) of this subsection, a person 1
who violates this section is guilty of the misdemeanor of sexual offense in the fourth degree 2
and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding 3
$1,000 or both. 4

(2) (i) On conviction of a violation of this section, a person who has been 5
convicted on a prior occasion not arising from the same incident of a violation of § 3–303, § 6
3–304, §§ 3–307 through 3–310 of this subtitle, § 3 –311 or § 3 –312 of this subtitle as the 7
sections existed before October 1, 2017, § 3 –315 of this subtitle, or § 3 –602 of this title is 8
subject to imprisonment not exceeding 3 years or a fine not exceeding $1,000 or both. 9

(ii) If the State intends to proceed against a person under 10
subparagraph (i) of this paragraph, it shall comply with the procedures set forth in the 11
Maryland Rules for the indictment and trial of a subsequent offender. 12

[(e)] (C) (1) Unless specifically charged by the State, a violation of this 13
section may not be considered a lesser included crime of any other crime. 14

(2) A sentence imposed under this section may be imposed separate from 15
and consecutive to or concurrent with a sentence for any crime based on the act establishing 16
the violation of this section. 17

3–308.1. 18

(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 19
INDICATED. 20

(2) (I) “PERSON IN A POSITION OF AUTHORITY” MEANS A PERSON 21
WHO: 22

1. A. IS AT LEAST 21 YEARS OLD AND WORKS FOR 23
REMUNERATION OR AS A VOLUNTEER FOR A PUBL IC OR PRIVATE PRESCH OOL, 24
ELEMENTARY SCHOOL, OR SECONDARY SCHOOL; OR 25

B. IS AT LEAST 22 YEARS OLD AND WORKS FOR 26
REMUNERATION OR AS A VOLUNTEER FOR A PROGRAM; AND 27

2. EXERCISES SUPERVISIO N OVER OR WORKS OR 28
INTERACTS WITH ONE OR MORE MINORS WHO ATTEND THE SCHOOL OR PARTICIPATE 29
IN THE PROGRAM. 30

(II) “PERSON IN A POSITION OF AUTHORITY ” INCLUDES A 31
PRINCIPAL, VICE PRINCIPAL , TEACHER, COACH, OR SCHOOL COUNSELOR AT A 32
PUBLIC OR PRIVATE PRESCHOOL, ELEMENTARY SCHOOL, OR SECONDARY SCHOOL. 33
SENATE BILL 407 5

(3) “PROGRAM” MEANS: 1

(I) AN INDIVIDUAL, A BUSINESS, A RELIGIOUS OR FAITH–BASED 2
INSTITUTION, OR AN ORGANIZATION T HAT PROVIDES , ON A FOR –PROFIT O R 3
NONPROFIT BASIS , INSTRUCTIONAL, COACHING, RECREATIONAL, SPIRITUAL, 4
CHARACTER–BUILDING, OR SUPERVISORY SERVI CES OR ACTIVITIES FO R MINORS, 5
INCLUDING: 6

1. SPORTS, MUSIC, DANCE, ART, OR MARTIAL ARTS 7
COACHING OR INSTRUCTION; 8

2. TUTORING OR ACADEMIC ENRICHMENT; 9

3. DAY CARE OR AFTER SCHOOL CARE; 10

4. SCOUTING; OR 11

5. DAY OR OVERNIGHT CAMPING; OR 12

(II) ANY UNIT OF LOCAL, STATE, OR FEDERAL GOVERNMENT. 13

(B) (1) EXCEPT AS PROVIDED IN § 3–307(A)(4) OR § 3–308(A)(2) OF THIS 14
SUBTITLE, A PERSON IN A POSITION OF AUTHORITY MAY NOT ENGAGE IN A SEXUAL 15
ACT OR SEXUAL CONTACT WITH A MINOR WHO, AT THE TIME OF THE SEXUAL ACT OR 16
SEXUAL CONTACT: 17

(I) IS A STUDENT ENROLLED AT A SCHOOL WHERE THE PERSON 18
IN A POSITION OF AUTHORITY WORKS; OR 19

(II) 1. IS PA RTICIPATING IN A PRO GRAM FOR WHICH THE 20
PERSON IN A POSITION OF AUTHORITY WORKS; AND 21

2. IS AT LEAST 6 YEARS YOUNGER THAN THE PERSON IN 22
A POSITION OF AUTHORITY. 23

(2) EXCEPT AS PROVIDED IN § 3–307(A)(5) OR § 3–308(A)(3) OF THIS 24
SUBTITLE, A PERSON IN A POSITION OF AUTHORITY MAY NOT ENGAGE IN VAGINAL 25
INTERCOURSE WITH A MINOR WHO, AT THE TIME OF THE VAGINAL INTERCOURSE: 26

(I) IS A STUDENT ENROLLED AT A SCHOOL WHERE THE PERSON 27
IN A POSITION OF AUTHORITY WORKS; OR 28

6 SENATE BILL 407

(II) 1. IS PARTICIPATING IN A PROGRAM FOR WHICH THE 1
PERSON IN A POSITION OF AUTHORITY WORKS; AND 2

2. IS AT LEAST 6 YEARS YOUNGER THAN THE PERSON IN 3
A POSITION OF AUTHORITY. 4

(C) A PERSON IN A POSITION OF AUTHORITY MAY NOT VIOLATE SUBSECTION 5
(B) OF THIS SECTION INVOLVING A CHILD UNDER THE AGE OF 13 YEARS. 6

(D) A PERSON WHO HAS PREVIOUSLY BEEN CONVICTED OF A VIOLATION OF 7
§ 3–303, § 3–304, §§ 3–307 THROUGH 3–310 OF THIS SUBTITLE, § 3–311 OR § 3–312 8
OF THIS SUBTITLE AS THE SECTIONS EXISTED BEFORE OCTOBER 1, 2017, § 3–315 OF 9
THIS SUBTITLE, OR § 3–602 OF THIS TITLE MAY NOT VIOLATE SUBSECTION (B) OR (C) 10
OF THIS SECTION. 11

(E) (1) A PERSON WHO VIOLATES SUBSECTION (B) OF THIS SECTION IS 12
GUILTY OF THE MISDEMEANOR OF SEXUAL OFFENSE BY A PERSON IN A POSITION OF 13
AUTHORITY AND ON CONVICTION IS SUBJECT TO IMPRISONMENT NOT EXCEEDING 3 14
YEARS 1 YEAR OR A FINE NOT EXCEEDING $1,000 OR BOTH. 15

(2) A PERSON WHO VIOLATES SUBSECTION (C) OF THIS SECTION IS 16
GUILTY OF THE FELONY OF SEXUAL OFFENSE BY A PERSON IN A POSITI ON OF 17
AUTHORITY AND ON CON VICTION IS SUBJECT T O IMPRISONMENT NOT E XCEEDING 18
15 10 YEARS OR A FINE NOT EXCEEDING $25,000 OR BOTH. 19

(3) A PERSON WHO VIOLATES S UBSECTION (D) OF THIS SECTION IS 20
GUILTY OF THE FELONY OF SEXUAL OFFENSE BY A PERSON IN A POSITI ON OF 21
AUTHORITY AND ON CON VICTION IS SUBJECT T O IMPRISONMENT NOT E XCEEDING 22
25 20 YEARS OR A FINE NOT EXCEEDING $50,000 OR BOTH. 23

(F) (1) UNLESS SPECIFICALLY CHARGED BY THE STATE, A VIOLATION OF 24
THIS SECTION MAY NOT BE CONSIDERED A LESSER INCLUDED CRIME OF ANY OTHER 25
CRIME. 26

(2) A SENTENCE IMPOSED UND ER THIS SECTION MAY BE IMPOSED 27
SEPARATE FROM AND CO NSECUTIVE TO OR CONC URRENT WITH A SENTEN CE FOR 28
ANY CRIME BASED ON THE ACT ESTABLISHING THE VIOLATION OF THIS SECTION. 29

3–324. 30

(a) In this section, “solicit” means to command, authorize, urge, entice, request, 31
or advise a person by any means, including: 32

(1) in person; 33
SENATE BILL 407 7

(2) through an agent or agency; 1

(3) over the telephone; 2

(4) through any print medium; 3

(5) by mail; 4

(6) by computer or Internet; or 5

(7) by any other electronic means. 6

(b) (1) A person may not, with the intent to commit a violation of § 3–304 [or], 7
§ 3–307, OR § 3–308.1 3–308.1(C) OR (D) of this subtitle or § 11–207, § 11–303, § 11–304, 8
§ 11 –305, § 11 –306, or § 11 –307 of this article, knowingly solicit a minor, or a law 9
enforcement officer posing as a minor, to engage in activities that would be unlawful for 10
the person to engage in under § 3–304 [or], § 3–307, OR § 3–308.1 3–308.1(C) OR (D) of 11
this subtitle or § 11–207, § 11–303, § 11–304, § 11–305, § 11–306, or § 11–307 of this article. 12

(2) A person may not, with the intent to commit a violation of § 3–304 [or], 13
§ 3–307, OR § 3–308.1 3–308.1(C) OR (D) of this subtitle or § 11–207, § 11–303, § 11–304, 14
§ 11–305, § 11–306, or § 11 –307 of this article, knowingly solicit the consent of a parent, 15
guardian, or custodian of a minor, or a law enforcement officer posing as a parent, guardian, 16
or custodian of a minor, to engage in activities with the minor that would be unlawful for 17
the person to engage in under § 3 –304 [or], § 3–307, OR § 3–308.1 3–308.1(C) OR (D) of 18
this subtitle or § 11–207, § 11–303, § 11–304, § 11–305, § 11–306, or § 11–307 of this article. 19

(c) A violation of this section is considered to be committed in the State for 20
purposes of determining jurisdiction if the solicitation: 21

(1) originated in the State; or 22

(2) is received in the State. 23

(d) A person who violates this s ection is guilty of a felony and on conviction is 24
subject to: 25

(1) for a first offense, imprisonment not exceeding 10 years or a fine not 26
exceeding $25,000 or both; and 27

(2) for a second or subsequent offense, imprisonment not exceeding 20 28
years or a fine not exceeding $50,000 or both. 29

Article – Criminal Procedure 30

8 SENATE BILL 407

11–701. 1

(a) In this subtitle the following words have the meanings indicated. 2

(o) “Tier I sex offender” means a person who has been convicted of: 3

(1) conspiring to commit, attempting to commit, or committing a violation 4
of § 3–308 OR § 3–308.1(B) of the Criminal Law Article; 5

(2) conspiring to commit, attempting to commit, or committing a violation 6
of § 3–902 or § 11–208 of the Criminal Law Article, if the victim is a minor; 7

(3) a crime committed in a federal, military, tribal, or other jurisdiction 8
that, if committed in this State, would constitute one of the crimes listed in item (1) or (2) 9
of this subsection; 10

(4) any of the following federal offenses: 11

(i) misleading doma in names on the Internet under 18 U.S.C. § 12
2252B; 13

(ii) misleading words or digital images on the Internet under 18 14
U.S.C. § 2252C; 15

(iii) engaging in illicit conduct in foreign places under 18 U.S.C. § 16
2423(c); 17

(iv) failure to file a factual statement about an alien individual under 18
18 U.S.C. § 2424; 19

(v) transmitting information about a minor to further criminal 20
sexual conduct under 18 U.S.C. § 2425; 21

(vi) sex trafficking by force, fraud, or coercion under 18 U.S.C. § 1591; 22
or 23

(vii) travel with intent to engage in illicit conduct under 18 U.S.C. § 24
2423(b); 25

(5) any military offense specified by the Secretary of Defense under Section 26
115(A)(8)(C)(i) of Public Law 105 –119 (codified at 10 U.S.C. § 951 Note) that is similar to 27
those offenses listed in item (4) of this subsection; or 28

(6) a crime in a court of Canada, Great Britain, Australia, New Zealand, or 29
any other foreign country where the United States Department of State has determined in 30
its Country Reports on Human Rights Practices that an independent judiciary generally or 31
vigorously enforced the right to a fair trial during the year in which the conviction occurred 32
SENATE BILL 407 9

that, if the crime were committed in this State, would constitute one of the crimes listed in 1
items (1) through (5) of this subsection. 2

(q) “Tier III sex offender” means a person who has been convicted of: 3

(1) conspiring to commit, attempting to commit, or committing a violation 4
of: 5

(i) § 2–201(a)(4)(viii), (x), or (xi) of the Criminal Law Article; 6

(ii) § 3–303, § 3 –304, § 3 –307(a)(1) or (2), § 3–308.1(C) OR (D), § 7
3–309, § 3–310, § 3–311, § 3–312, § 3–315, § 3–323, or § 3–602 of the Criminal Law Article; 8

(iii) § 3–502 of the Criminal Law Article, if the victim is a minor; 9

(iv) § 3–502 of the Criminal Law Article, if the victim is an adult, and 10
the person has been ordered by the court to register under this subtitle; 11

(v) the common law offense of sodomy, as that offense existed before 12
October 1, 2020, or § 3 –322 of the Criminal Law Article, as that offense existed before 13
October 1, 2023, if the offense was committed with force or threat of force; or 14

(vi) § 3–305 or § 3 –306 of the Criminal Law Article as the sections 15
existed before October 1, 2017; 16

(2) conspiring to commit, attempting to commit, or committing a violation 17
of § 3–307(a)(3), § 3–314, § 3–503, or § 3–603 of the Criminal Law Article, if the victim is 18
under the age of 14 years; 19

(3) conspiring to commit, attempting to commit, or committing the common 20
law offense of false imprisonment, if the victim is a minor; 21

(4) conspiring to commit, attempting to commit, or committing an offense 22
that would require the person to register as a tier I or tier II sex offender after the person 23
was already registered as a tier II sex offender; 24

(5) a crime committed in a federal, military, tribal, or other jurisdiction 25
that, if committed in this State, would constitute one of the crimes listed in items (1) 26
through (3) of this subsection; or 27

(6) a crime in a court of Canada, Great Britain, Australia, New Zealand, or 28
any other foreign country where the United States Department of State has determined in 29
its Country Reports on Human Rights Practices that an independent judiciary generally or 30
vigorously enforced the right to a fair trial during the year in which the conviction occurred 31
that, if the crime were committed in this State, would constitute one of the crimes listed in 32
items (1) through (3) of this subsection. 33

10 SENATE BILL 407

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

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