2010 Maryland Code
TITLE 3 - OTHER CRIMES AGAINST THE PERSON
Subtitle 3 - Sexual Crimes
Section 3-314 - Sexual conduct between correctional or Department of Juvenile Services employee and inmate or confined child.
§ 3-314. Sexual conduct between correctional or Department of Juvenile Services employee and inmate or confined child.
(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) Prohibited - Correctional employee with inmate.-
(1) This subsection applies to:
(i) a correctional employee;
(ii) any other employee of the Department of Public Safety and Correctional Services or a correctional facility;
(iii) an employee of a contractor providing goods or services to the Department of Public Safety and Correctional Services or a correctional facility; and
(iv) any other individual working in a correctional facility, whether on a paid or volunteer basis.
(2) A person described in paragraph (1) of this subsection may not engage in sexual contact, vaginal intercourse, or a sexual act with an inmate.
(c) Prohibited - Department of Juvenile Services employee with confined child.- A person may not engage in sexual contact, 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 § 9-226(b) of the Human Services Article.
(d) Penalty.- 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) Sentencing.- 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.
[An. Code 1957, art. 27, § 464G; 2002, ch. 26, § 2; ch. 266, § 1; 2003, ch. 53, § 4; 2007, ch. 8, § 1; ch. 458.]
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