Table Two

CRIME	ACT	FORCE	CONSENT	FACTORS	MAXIMUM PENALTY
RAPE FIRST DEGREE § 3-303	VAGINAL INTER-COURSE	Force or Threat of Force	Without the consent	One or more aggravating factors*	Felony (1) Life Imprisonment (2) Life Imprisonment without parole IF the victim is younger than 16 OR if defendant was previously convicted of first degree rape or first degree sexual offense. Mandatory Minimum 25 Years Applies only if defendant was over age of 18 and victim under 13.
RAPE SECOND DEGREE § 3-304(a)(1)	VAGINAL INTER-COURSE	Force or Threat of Force	Without the consent	Aggravating factors not necessary	Felony Twenty Years Mandatory Minimum: 5 Years
SEX OFFENSE FIRST DEGREE § 3-305	SEXUAL ACT	Force or Threat of Force	Without the consent	One or more aggravating factors	Felony (1) Life Imprisonment (2) Life Imprisonment without parole IF the victim is younger than 16 OR if defendant was previously convicted of first degree sexual offense or first degree rape. Mandatory Minimum: 25 years Applies only if defendant was over age of 18 and victim under 13.
SEX OFFENSE SECOND DEGREE § 3-306(a)(1)	SEXUAL ACT	Force or Threat of Force	Without the consent	No factors required	Felony Twenty Years Mandatory Minimum: 5 Years Applies only if defendant was over age of 18 and victim under 13.
SEX OFFENSE THIRD DEGREE § 3-307(a)(1)	SEXUAL CONTACT	NOT AN ELEMENT	Without the consent	One or more aggravating factors	Felony Ten Years
SEX OFFENSE FOURTH DEGREE § 3-308(a)(1)	SEXUAL CONTACT See note regarding marriage below.	NOT AN ELEMENT	Without the consent	NOT NEEDED	Misdemeanor 1 Year and/or $1,000 fine

(3) Threat of death, suffocation, strangulation, disfigurement, serious physical injury, or kidnapping;

(5) Commission of the offense in connection with burglary in the first, second, or third degree.

Jessica's Law: In 2006, Maryland enacted its version of "Jessica's Law," when it created mandatory minimums for certain sex crimes against young children (see chart). This bill also created a monitoring system for sex offenders which can include GPS and other restrictions

1 Does not include sex crimes where age or capacity of the victim is at issue.