4th Degree Sex Offense in Maryland: Penalties and Defenses

A fourth-degree sex offense in Maryland is a misdemeanor under Section 3-308 of the Criminal Law Code that covers three distinct types of conduct: non-consensual sexual contact, certain sexual activity with a 14- or 15-year-old, and sexual conduct by an adult in a position of authority over a minor. A conviction carries up to one year in jail, a fine of up to $1,000, and mandatory sex offender registration for at least 15 years.¹ It is the lowest-level sex offense in Maryland, but the collateral consequences reach much further than the sentence itself.

What the Law Prohibits

Section 3-308 groups three separate offenses under one statute. Each has its own elements, and prosecutors charge the one that fits the facts.

Non-Consensual Sexual Contact

The broadest provision makes it illegal to intentionally touch another person’s intimate areas for sexual purposes without consent.¹ Under Maryland’s definitions, “sexual contact” means intentional touching of the genital, anal, or other intimate areas of either the victim or the person committing the act.² The touching does not have to be skin-to-skin; contact through clothing counts. This provision applies whatever the ages of the people involved.

Sexual Activity With a 14- or 15-Year-Old

It is a fourth-degree offense to engage in a sexual act or vaginal intercourse with someone who is 14 or 15 when the person committing the act is at least four years older.¹ Whether the younger person agreed does not matter. More serious charges under Section 3-307 apply if the conduct involves force, a weapon, or a victim younger than 14.

Abuse of a Position of Authority

The third category targets adults who engage in sexual conduct with minors under their supervision. It applies to anyone at least 21 years old working or volunteering at a school, or at least 22 years old working or volunteering for a qualifying program, who has supervisory or interactive duties with minors.³ The statute names principals, teachers, coaches, and school counselors, but the definition of “program” is broad enough to include tutors, day care workers, camp counselors, and volunteers for scouting or faith-based youth activities.

For school employees, the provision reaches any minor enrolled at the school. For program workers, it applies only when the minor participates in the program and is at least six years younger than the adult.¹ A teacher can be charged regardless of the age gap with a student. A program volunteer cannot, unless the six-year gap is present.

Penalties and the Repeat-Offender Enhancement

A first conviction is a misdemeanor punishable by up to one year in jail, a fine of up to $1,000, or both.¹ Judges have discretion within those limits, and sentences often include supervised probation with sex-offense-specific conditions such as treatment programs, no-contact orders, or restrictions on where the person can go.

The exposure jumps if the accused has a prior conviction for certain sex crimes, including third-degree sex offense, rape, or child sexual abuse, arising from a separate incident. In that situation, the maximum jail term rises to three years. The fine cap stays at $1,000.¹ The state has to follow special procedural rules to indict and try someone as a repeat offender, so the enhanced penalty does not attach automatically.

Sex Offender Registration

A conviction under Section 3-308 classifies the person as a Tier I sex offender under Maryland’s Criminal Procedure Code.⁴ Tier I is the lowest registration level. It is still substantial. Registrants must update their information with law enforcement every six months for 15 years.⁵ A clean record for 10 years can reduce the total registration period to 10 years.⁶

Registration requires reporting address changes, employment information, and vehicle details. Federal law also requires registered sex offenders to notify authorities at least 21 days before any international travel and to provide detailed itinerary information to the U.S. Marshals Service.⁷ Even after the registration period ends, background checks can still reveal the underlying conviction, so the practical effect on employment and housing often outlasts the registry obligation.

How Long the State Has to File Charges

The prosecution deadline depends on which subsection applies. Most Maryland misdemeanors carry a one-year window, but the legislature carved out longer deadlines for certain fourth-degree sex offenses. Position-of-authority charges under subsection (c) must be filed within three years. The same three-year window applies to non-consensual sexual contact charges under subsection (b)(1) when the victim was a minor at the time.⁸ Every other fourth-degree charge falls under the standard one-year misdemeanor deadline.

Defenses That Can Work

Consent

Consent is the most common defense to a charge under the non-consensual contact provision. Maryland rewrote its consent definition in 2024. Under Section 3-301.1, consent means a clear and voluntary agreement to the specific sexual conduct at issue, judged on the totality of the circumstances, including the words and conduct of both parties.⁹ Consent can be withdrawn before or during contact. A prior dating, social, or sexual relationship does not by itself establish consent. Submission out of fear, threat, or coercion is not consent if the other person knew or should have known about that pressure.

Consent is not a defense to the age-based provisions in subsections (b)(2) and (b)(3). The younger person’s agreement is legally irrelevant when the charge rests on the age gap or the position of authority.

Lack of Sexual Purpose

The definition of sexual contact requires intentional touching for purposes of sexual arousal or gratification. Accidental or incidental contact is not criminal. Evidence that the touching was inadvertent, or lacked sexual intent, is a viable defense, and these cases often turn on witness testimony about the surrounding circumstances.

Mistake of Age Is Not a Defense

Maryland treats its age-based sex offense provisions as strict liability. It does not matter whether the accused knew the victim’s actual age. Even if the younger person lied about being older, that is not a defense. The risk of the age mistake falls entirely on the older person, and this rule applies to both the 14- and 15-year-old provisions and the position-of-authority provisions.

Consequences Beyond Jail and Fines

The formal sentence for a fourth-degree conviction is modest compared to higher-degree charges. The collateral consequences are not. Registration alone creates a decade or more of restrictions on employment, housing, and travel. Many employers and landlords run background checks, and a sex offense conviction is one of the hardest marks to overcome.

Non-citizens face an additional risk. The U.S. Department of State considers whether a crime involves “moral turpitude” when evaluating visa eligibility and deportation, and sexual offenses against a person, including assault with sexual intent, frequently fall into that category.¹⁰ Whether a specific fourth-degree conviction qualifies depends on which subsection was charged and how the statute is analyzed. Anyone who is not a U.S. citizen should treat this risk seriously and talk with an immigration attorney before entering any plea.

1
Maryland General Assembly. Maryland Criminal Law Code Section 3-308 (2025) – Sexual Offense in the Fourth Degree
2
Maryland General Assembly. Maryland Criminal Law Code Section 3-301 (2025) – Definitions
3
Maryland General Assembly. Maryland Criminal Law Code 3-308
4
Maryland General Assembly. Maryland Criminal Procedure Code Section 11-701 (2025)
5
Department of Public Safety and Correctional Services. Maryland Sex Offender Registry FAQ
6
Department of Legislative Services. Sexual Crimes Guide Sheet
7
Office of Justice Programs. SORNA: Information Required for Notice of International Travel
8
Maryland General Assembly. Maryland Courts and Judicial Proceedings Code 5-106
9
Maryland General Assembly. 2024 Regular Session – House Bill 496 Chapter
10
Department of State. Ineligibility Based on Criminal Activity – INA 212(a)(2)