Maryland Code

Md. Code Ann., Crim. Law § 3-307 (2026)

§ 3-307

✓ current as of May 2026
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§3–307.

    (a)    A person may not:

        (1)    (i)    engage in sexual contact with another without the consent of the other; and

            (ii)    1.    employ or display a dangerous weapon, or a physical object that the victim reasonably believes is a dangerous weapon;

                2.    suffocate, strangle, disfigure, or inflict serious physical injury on the victim or another in the course of committing the crime;

                3.    threaten, or place the victim in fear, that the victim, or an individual known to the victim, imminently will be subject to death, suffocation, strangulation, disfigurement, serious physical injury, or kidnapping; or

                4.    commit the crime while aided and abetted by another;

        (2)    engage in sexual contact with another if the victim is a substantially cognitively impaired individual, a mentally incapacitated individual, or a physically helpless individual, and the person performing the act knows or reasonably should know the victim is a substantially cognitively impaired individual, a mentally incapacitated individual, or a physically helpless individual;

        (3)    engage in sexual contact with another if the victim is under the age of 14 years, and the person performing the sexual contact is at least 4 years older than the victim;

        (4)    engage in a sexual act with another if the victim is 14 or 15 years old, and the person performing the sexual act is at least 21 years old; or

        (5)    engage in vaginal intercourse with another if the victim is 14 or 15 years old, and the person performing the act is at least 21 years old.

    (b)    A person who violates this section is guilty of the felony of sexual offense in the third degree and on conviction is subject to imprisonment not exceeding 10 years.


Notes of Decisions
Cited in 28 cases (8 in the last 5 years), 2004–2024 · leading case: State v. Baby, 946 A.2d 463 (Md. 2008).
State v. Baby, 946 A.2d 463 (Md. 2008). · cites it 6× “[4] Baby was charged with two counts of sexual offense in the third degree under Section 3-307 of the Criminal Law Article, Maryland Code (2002), which states in relevant part: (a) Prohibited.”
Moore v. State, 882 A.2d 256 (Md. 2005). · cites it 6× “[2] Section 3-307 of the Criminal Law Article provides in pertinent part as follows: "§ 3-307.”
State v. Westpoint, 947 A.2d 519 (Md. 2008). · cites it 6× “The charges relating to occurrences on March 7th and 8th were third degree sexual offenses in violation of Section 3-307 of the Criminal Law Article, Maryland Code (2002), [6] fourth degree sexual offenses in violation of Section 3-308, and second degree assaults in violation of…”
State v. Snowden, 867 A.2d 314 (Md. 2005). · cites it 2× “Code (2002), § 3-307 of the Criminal Law Article (formerly Md.”
Yonga v. State, 130 A.3d 486 (Md. 2016). · cites it 2× “Section 3-307 of the Criminal Law Article, governing third degree sexual offense, provides, in relevant part: (a) A person may not: (3) engage in sexual contact with another if the victim is under the age of 14 years, and the person performing the sexual contact is at least 4…”
United States v. Osmin Alfaro, 835 F.3d 470 (4th Cir. 2016). · cites it 3× “Md. Code Ann., Crim. Law § 3-307 (2002). At the time of Alfaro’s offense, “sexual contact” was defined as “an intentional’ touching of the victim’s or actor’s genital, anal, or other intimate area 1 for sexual arousal or gratification, or for the abuse of either party.”
Grimm v. State, 135 A.3d 844 (Md. 2016). · cites it 2× “), § 3-307 of the Criminal Law Article. The case proceeded as a trial by jury.”
Snowden v. State, 846 A.2d 36 (Md. Ct. Spec. App. 2004). · cites it 2× “Sexual contact is described as the "intentional touching of any part of the victim’s or actor's anal or genital areas or other intimate parts for the purposes of sexual arousal or gratification or for abuse of either party.”
Rafael Larios-Reyes v. Loretta Lynch, 843 F.3d 146 (4th Cir. 2016). · cites it 2× “See Md. Code Ann., Crim. Law § 3-307 (a)(1), (2).”
United States v. Charles Morgan, Jr., 45 F.4th 192 (D.C. Cir. 2022). · cites it 2× “Md. Code Ann., Crim. Law § 3-307 (a)(4). At the time of the offense, Morgan was 55 and J.”
Pedro Jimenez-Cedillo v. Jefferson Sessions III, 885 F.3d 292 (4th Cir. 2018). · cites it 2× “See Md. Code Ann., Crim. Law § 3-324 (prohibiting solicitation of a minor with intent to engage in sexual acts that would be unlawful under Md.”
Nalls & Melvin v. State, 89 A.3d 1126 (Md. 2014). · cites it 2× “Code (2002), § 3-307 of the Criminal Law Article, which provided, in pertinent part, that “[a] person may not .”
— Md. Code Ann., Crim. Law § 3-307(a) — 1 case
Poole v. State, 53 A.3d 479 (Md. Ct. Spec. App. 2012).
— Md. Code Ann., Crim. Law § 3-307(a)(3) — 2 cases
Hajireen v. State, 39 A.3d 105 (Md. Ct. Spec. App. 2012).
Acker v. State, 100 A.3d 1159 (Md. Ct. Spec. App. 2014).
— Md. Code Ann., Crim. Law § 3-307(a)(4) — 1 case
Moore v. State, 882 A.2d 256 (Md. 2005). “[2] Section 3-307 of the Criminal Law Article provides in pertinent part as follows: "§ 3-307.”
— Md. Code Ann., Crim. Law § 3-307(a)(5) — 1 case
Moore v. State, 882 A.2d 256 (Md. 2005). “[2] Section 3-307 of the Criminal Law Article provides in pertinent part as follows: "§ 3-307.”
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