Under Maryland law, certain sexual behaviors are prohibited solely based on the individuals' ages. Maryland law considers these sexual behaviors to be prohibited, regardless of whether there is consent.
In general, an individual can be convicted if the victim is under 16 and there is a 4-year age difference between the victim and the other individual.
For simplicity, the following 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 cognitively impaired, physically helpless, mentally incapacitated, or in other specific cases.
Read the Law: Md. Code, Criminal Law § 3-301 - 15
| Age of Consent in Maryland | |||||||||||
| Age of Victim | Age of Partner (defendant) | ||||||||||
| 12 | 13 | 14 | 15 | 16 | 17 | 18 | 19 | 20 | 21+ | ||
| 12 | No Crime | No Crime | No Crime | No Crime | 2nd Degree Rape | 2nd Degree Rape | 2nd Degree Rape | 2nd Degree Rape | 2nd Degree Rape | 2nd Degree Rape | |
| 13 | No Crime | No Crime | No Crime | No Crime | No Crime | 2nd Degree Rape | 2nd Degree Rape | 2nd Degree Rape | 2nd Degree Rape | 2nd Degree Rape | |
| 14 | No Crime | No Crime | No Crime | No Crime | No Crime | No Crime | 4th Degree Sexual Offense | 4th Degree Sexual Offense | 4th Degree Sexual Offense | 3rd Degree Sexual Offense | |
| 15 | No Crime | No Crime | No Crime | No Crime | No Crime | No Crime | No Crime | 4th Degree Sexual Offense | 4th Degree Sexual Offense | 3rd Degree Sexual Offense | |
| 16+ | No Crime | No Crime | No Crime | No Crime | No Crime | No Crime | No Crime | No Crime | No Crime | No Crime | |
Vaginal intercourse
See legal definition at Md. Code, Criminal Law 3-301(g).
- Victim under 14, Defendant 4 or more years older than victim
- Criminal Charge: Second degree rape (felony)
- Potential Sentence: Up to 20 years in prison
- Read the Law: Md. Code, Criminal Law 3-304
- Victim aged 14-15, Defendant age 21 or older
- Criminal Charge: Third degree sexual offense (felony)
- Potential Sentence: Up to 10 years in prison
- Read the Law: Md. Code, Criminal Law 3-307
- Victim aged 14-15, Defendant 4 years older than victim, but under 21
- Criminal Charge: Fourth degree sexual offense (misdemeanor)
- Potential Sentence: Up to 1 year in prison and fined up to $1,000
- 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
- Criminal Charge: Second degree sexual offense (felony)
- Potential Sentence: Up to 20 years in prison
- Read the Law: Md. Code, Criminal Law 3-304
- Victim aged 14-15, Defendant age 21 or older
- Criminal Charge: Third degree sexual offense (felony)
- Potential Sentence: Up to 10 years in prison
- Read the Law: Md. Code, Criminal Law 3-307
- Victim aged 14-15, Defendant four years older than victim, but under 21
- Criminal Charge: Fourth degree sexual offense (misdemeanor)
- Potential Sentence: Up to 1 year in prison and be fined up to $1,000
- 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
- Criminal Charge: Third degree sexual offense (felony)
- Potential Sentence: Up to 10 years in prison
- Read the Law: Md. Code, Criminal Law 3-307