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2017 Maryland Code
Criminal Law
Title 3 - Other Crimes Against the Person
Subtitle 3 - Sexual Crimes
§ 3-314. Sexual conduct between correctional or Department of Juvenile Services employee or court-provided services provider and inmate or confined child.
Universal Citation: MD Crim Law Code § 3-314 (2017)
- (a) Definitions. --
- (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) "Court-ordered services provider" means a person who provides services to an individual who has been ordered by the court, the Division of Parole and Probation, or the Department of Juvenile Services to obtain those services.
- (4)
- (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.
- (1) This subsection applies to:
- (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 of Juvenile Services, a detention center for juveniles, or a facility for juveniles listed in § 9-226(b) of the Human Services Article.
- (d) Prohibited -- Court-ordered services provider. -- A court-ordered services provider may not engage in sexual contact, vaginal intercourse, or a sexual act with an individual ordered to obtain services while the order is in effect.
- (e) 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.
- (f) 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, § 3-304, §§ 3-307 through 3-310 of this subtitle, or § 3-305, § 3-306, § 3-311, or § 3-312 of this subtitle as the sections existed before October 1, 2017.
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