Maryland Criminal Law Section 3-314

Article - Criminal Law

§ 3-314.

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

            (2)      (i)      "Correctional employee" means a:

                        1.      correctional officer, as defined in § 8-201 of the Correctional Services Article; or

                        2.      managing official or deputy managing official of a correctional facility.

                  (ii)      "Correctional employee" includes a sheriff, warden, or other official who is appointed or employed to supervise a correctional facility.

            (3)      (i)      "Inmate" has the meaning stated in § 1-101 of this article.

                  (ii)      "Inmate" includes an individual confined in a community adult rehabilitation center.

      (b)      A correctional employee may not engage in vaginal intercourse or a sexual act with an inmate.

      (c)      An employee or licensee of the Department of Juvenile Services may not engage in vaginal intercourse or a sexual act with an individual confined in a child care institution licensed by the Department, a detention center for juveniles, or a facility for juveniles listed in Article 83C, § 2-117(a)(2) of the Code.

      (d)      A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $3,000 or both.

      (e)      A sentence imposed for violation of this section may be separate from and consecutive to or concurrent with a sentence for another crime under §§ 3-303 through 3-312 of this subtitle.

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