Age of Consent

Under Maryland law, certain sexual behaviors are not allowed, simply based on the ages of the people involved, whether or not the people agree to the behavior.

Regardless of the specific sexual behavior, the general pattern is that you can be convicted if the victim is under 16 and is 4 or more years younger than you.

For simplicity, this table only considers vaginal intercourse, and only considers the simplest cases.  The crimes related to “sexual act” and “sexual contact” are listed below the table.  The crimes and penalties may be harsher if the victim did not consent, if the victim was physically or mentally handicapped, or in other specific cases. Read the Law: Md. Code, Criminal Law § 3-301 - 15

Vaginal intercourse

See legal definition at Md. Code, Criminal Law 3-301(g).

• Victim under 14, Defendant four years older than victim - It is second degree rape (a felony, for which you can go to prison for up to 20 years) to have vaginal intercourse with someone under the age of 14, if you are at least 4 years older than the victim. Read the Law: Md. Code, Criminal Law 3-304
   
• Victim age 14-15, Defendant age 21 or older - It is third degree sexual offense (a felony, for which you can go to prison for up to 10 years) to engage in vaginal intercourse with someone who is 14 or 15, if you are 21 or older. Read the Law: Md. Code, Criminal Law 3-307
   
• Victim age 14-15, Defendant four years older than victim, but under 21 - It is a fourth degree sexual offense (a misdemeanor, for which you can go to prison for up to 1 year and be fined up to $1,000) to have vaginal intercourse with someone who is 14 or 15, if you are at least 4 years older than the victim, but not yet 21. Read the Law: Md. Code, Criminal Law 3-308

Sexual Act

Includes oral and anal sex, see legal definition at Md. Code, Criminal Law 3-301(d).

• Victim under 14, Defendant four years older than victim - It is second degree sexual offense (a felony, for which you can go to prison for up to 20 years) to engage in a sexual act with someone under the age of 14, if you are at least 4 years older than the victim.  Read the Law: Md. Code, Criminal Law 3-304
   
• Victim age 14-15, Defendant age 21 or older - It is third degree sexual offense (a felony, for which you can go to prison for up to 10 years) to engage in a sexual act with someone who is 14 or 15, if you are 21 or older. Read the Law: Md. Code, Criminal Law 3-307
   
• Victim age 14-15, Defendant four years older than victim, but under 21 - It is a fourth degree sexual offense (a misdemeanor, for which you can go to prison for up to 1 year and be fined up to $1,000) to engage in a sexual act with someone who is 14 or 15, if you are at least 4 years older than the victim, but not yet 21. Read the Law: Md. Code, Criminal Law 3-308

Sexual Contact

Intentional touching of intimate areas for sexual pleasure or for abuse, see legal definition at Md. Code, Criminal Law 3-301(e).

• Victim under 14, Defendant four years older than victim - It is third degree sexual offense (a felony, for which you can go to prison for up to 10 years) to engage in sexual contact with someone under the age of 14, if you are at least 4 years older than the victim.  Read the Law: Md. Code, Criminal Law 3-307