Consent Laws in the state of Maryland?
I am 21 years old, and I am seeing someone who is 16. Is it legal in the state of Maryland that we can even be together? :/ Please give me resources for your reasons.
so...that a yes... or no? :/
- MooreLv 79 years agoFavorite Answer
Yes you can legally date and have sex without being prosecuted for a crime. The reason is because Maryland's age of consent is 16 years old, meaning a person 16 and up is considered in the eyes of the law to be capable of making their own decisions about sex. Maryland has 4 crimes where a person being underage is a factor, but all of them require the person be under 16.
The only thing that could happen is if the 16 year old's parents forbid you from coming to their house, and you come anyway, you can be arrested for trespassing.Source(s): MD Criminal Code, Title 3
- WRGLv 79 years ago
The age of consent in Maryland is 16. An exception is made when the actor is less than four years older than the victim.
If the victim is 14 or 15 and actor 21 or older, the actor is guilty of a sexual offense in the third degree if they engage in vaginal intercourse or other sex acts (including oral sex). If the actor is under 21 years old, but still more than 4 years older, the crime is lowered to sexual offense in the fourth degree.
If the victim is 13 or younger and the actor more than 4 years older, and they engage in a sex act (which includes oral, and other acts but not intercourse) they are guilty of a sexual offense in the second degree. If they engage in vaginal intercourse, the crime is elevated to rape in the second degree.
One notable exception is if someone in a "position of authority" engages in a sexual act with a minor (defined as under the age of 18 in state law), he or she may be guilty of sexual offense in the fourth degree as specified by Maryland Code § 3-308.
Another unusual exception is the crime of "Sexual solicitation of minor." (§ 3-324). In this law, it is illegal to solicit a person under 18 (or a law enforcement officer posing as such) via various communication methods to violate the aforementioned statutes on minimum age, or for purposes of prostitution. In the case of the later, the minor can be 16 or 17 (over the age of consent) but the actor would still be in violation of this statute.
- GailLv 44 years ago
You always follow the laws of the state in which you are located AT THE TIME. Also, it is VERY important to remember that transporting a minor or travelling across state lines in order to shop for a lower age of consent is a FEDERAL crime.