CRIME

ACT

FORCE

CONSENT

FACTORS

MAXIMUM PENALTY

RAPE

SECOND DEGREE

§ 3-304(a)(3)

Vaginal Intercourse

Not an Element

Not an Element

(1) With a person under 14 years AND

(2) where the suspect is 4 or more years older

Felony

Twenty Years

SEX OFFENSE

SECOND DEGREE

§ 3-306(a)(3)

Sexual Act

Not an Element

Not an Element

(1) With a person under 14 years AND

(2) where the suspect is 4 or more years older

Felony

Twenty Years

SEX OFFENSE

THIRD DEGREE

§ 3-307(a)(3)

Sexual Contact

Not an Element

Not an Element

(1) With a person under 14 years AND

(2) where the suspect is 4 or more years older

Felony

Ten Years

SEX OFFENSE

THIRD DEGREE

§ 3-307(a)(4)

Sexual Act

Not an Element

Not an Element

(1) With person 14 or 15 years, AND

(2) where the suspect is at least 21 years old

Felony

Ten Years

SEX OFFENSE THIRD DEGREE

§ 3-307(a)(5)

Vaginal Intercourse

Not an Element

Not an Element

(1) With person 14 or 15 years, AND

(2) where the suspect is at least 21 years old

Felony

Ten Years

SEX OFFENSE

FOURTH DEGREE

§ 3-308(a)(2)

Sexual Act

Not an Element

Not an Element

(1) With a person 14 or 15 years AND

(2) where the suspect is 4 or more years older

Misdemeanor

1 Year and/or $1,000 fine

SEX OFFENSE

FOURTH DEGREE

§ 3-308(a)(3)

Vaginal Intercourse

Not an Element

Not an Element

(1) With a person 14 or 15 years AND

(2) where the suspect is 4 or more years older

Misdemeanor

1 Year and/or $1,000 fine