HB 501

WES MOORE, Governor  Ch. 426
Chapter 426
  (House Bill 501)
AN ACT concerning
      Criminal Law – Sexual Offense by a Person in a Position of Authority
FOR the purpose of altering the penalties for the misdemeanor penalty for a subsequent
     conviction of sexual offense by a person in a position of authority; prohibiting a
     certain person in a position of authority from committing a certain violation
     involving a child under a certain age; prohibiting a person who has been previously
     convicted of a certain crime from committing a certain violation; adding sexual
     offense by a person in a position of authority as a predicate crime for sexual
     solicitation of a minor; altering the definitions of “tier I sex offender” and “tier III sex
     offender” as applicable to provisions relating to the sex offender registry; and
     generally relating to sexual crimes.
BY repealing and reenacting, with amendments,
      Article – Criminal Law
      Section 3–308 and 3–324
      Annotated Code of Maryland
      (2021 Replacement Volume and 2025 Supplement)
BY adding to
     Article – Criminal Law
     Section 3–308.1
     Annotated Code of Maryland
     (2021 Replacement Volume and 2025 Supplement)
BY repealing and reenacting, without amendments,
      Article – Criminal Procedure
      Section 11–701(a)
      Annotated Code of Maryland
      (2025 Replacement Volume)
BY repealing and reenacting, with amendments,
      Article – Criminal Procedure
      Section 11–701(o) and (q)
      Annotated Code of Maryland
      (2025 Replacement Volume)
      SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
  Article – Criminal Law
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 Ch. 426  2026 LAWS OF MARYLAND
3–308.
      (a)      [(1)   In this section the following words have the meanings indicated.
  (2)    (i)    “Person in a position of authority” means a person who:
  1.      A.     is at least 21 years old and works for remuneration
or as a volunteer for a public or private preschool, elementary school, or secondary school;
or
  B.        is at least 22 years old and works for remuneration or as a
volunteer for a program; and
  2.     exercises supervision over or works or interacts with one
or more minors who attend the school or participate in the program.
  (ii)   “Person in a position of authority” includes a principal, vice
principal, teacher, coach, or school counselor at a public or private preschool, elementary
school, or secondary school.
  (3)    “Program” means:
  (i)   an individual, a business, a religious or faith–based institution,
or an organization that provides, on a for–profit or nonprofit basis, instructional, coaching,
recreational, spiritual, character–building, or supervisory services or activities for minors,
including:
  1.     sports, music, dance, art, or martial arts coaching or
instruction;
  2.     tutoring or academic enrichment;
  3.     day care or after school care;
  4.     scouting; or
  5.     day or overnight camping; or
  (ii)   any unit of local, State, or federal government.
      (b)]     A person may not engage in:
  (1)    sexual contact with another without the consent of the other;
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  WES MOORE, Governor  Ch. 426
  (2)    except as provided in § 3–307(a)(4) of this subtitle, a sexual act with
another if the victim is 14 or 15 years old, and the person performing the sexual act is at
least 4 years older than the victim; or
  (3)    except as provided in § 3–307(a)(5) of this subtitle, vaginal intercourse
with another if the victim is 14 or 15 years old, and the person performing the act is at least
4 years older than the victim.
       [(c) (1)      Except as provided in § 3–307(a)(4) of this subtitle or subsection (b)(2)
of this section, a person in a position of authority may not engage in a sexual act or sexual
contact with a minor who, at the time of the sexual act or sexual contact:
  (i)   is a student enrolled at a school where the person in a position of
authority works; or
  (ii)  1.     is participating in a program for which the person in a
position of authority works; and
  2.    is at least 6 years younger than the person in a position of
authority.
  (2)    Except as provided in § 3–307(a)(5) of this subtitle or subsection (b)(3)
of this section, a person in a position of authority may not engage in vaginal intercourse
with a minor who, at the time of the vaginal intercourse:
  (i)   is a student enrolled at a school where the person in a position of
authority works; or
  (ii)  1.     is participating in a program for which the person in a
position of authority works; and
  2.    is at least 6 years younger than the person in a position of
authority.
      (d)] (B)      (1)    Except as provided in paragraph (2) of this subsection, a person
who violates this section is guilty of the misdemeanor of sexual offense in the fourth degree
and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding
$1,000 or both.
  (2)    (i)    On conviction of a violation of this section, a person who has been
convicted on a prior occasion not arising from the same incident of a violation of § 3–303, §
3–304, §§ 3–307 through 3–310 of this subtitle, § 3–311 or § 3–312 of this subtitle as the
sections existed before October 1, 2017, § 3–315 of this subtitle, or § 3–602 of this title is
subject to imprisonment not exceeding 3 years or a fine not exceeding $1,000 or both.
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Ch. 426  2026 LAWS OF MARYLAND
  (ii)   If the State intends to proceed against a person under
subparagraph (i) of this paragraph, it shall comply with the procedures set forth in the
Maryland Rules for the indictment and trial of a subsequent offender.
       [(e)] (C)   (1)   Unless specifically charged by the State, a violation of this
section may not be considered a lesser included crime of any other crime.
  (2)    A sentence imposed under this section may be imposed separate from
and consecutive to or concurrent with a sentence for any crime based on the act establishing
the violation of this section.
3–308.1.
       (A)    (1)   IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.
  (2)   (I)    “PERSON IN A POSITION OF AUTHORITY” MEANS A PERSON
WHO:
  1.     A.
  IS AT LEAST 21 YEARS OLD AND WORKS FOR
REMUNERATION OR AS A VOLUNTEER FOR A PUBLIC OR PRIVATE PRESCHOOL,
ELEMENTARY SCHOOL, OR SECONDARY SCHOOL; OR
  B.
  IS AT LEAST 22 YEARS OLD AND WORKS FOR
REMUNERATION OR AS A VOLUNTEER FOR A PROGRAM; AND
  2.
  EXERCISES SUPERVISION OVER OR WORKS OR
INTERACTS WITH ONE OR MORE MINORS WHO ATTEND THE SCHOOL OR PARTICIPATE
IN THE PROGRAM.
  (II)
  “PERSON IN A POSITION OF AUTHORITY” INCLUDES A
PRINCIPAL, VICE PRINCIPAL, TEACHER, COACH, OR SCHOOL COUNSELOR AT A
PUBLIC OR PRIVATE PRESCHOOL, ELEMENTARY SCHOOL, OR SECONDARY SCHOOL.
  (3)   “PROGRAM” MEANS:
  (I)
  AN INDIVIDUAL, A BUSINESS, A RELIGIOUS OR FAITH–BASED
INSTITUTION, OR AN ORGANIZATION THAT PROVIDES, ON A FOR–PROFIT OR
NONPROFIT BASIS, INSTRUCTIONAL, COACHING, RECREATIONAL, SPIRITUAL,
CHARACTER–BUILDING, OR SUPERVISORY SERVICES OR ACTIVITIES FOR MINORS,
INCLUDING:
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  WES MOORE, Governor  Ch. 426
  1.   SPORTS, MUSIC, DANCE, ART, OR MARTIAL ARTS
COACHING OR INSTRUCTION;
  2.   TUTORING OR ACADEMIC ENRICHMENT;
  3.   DAY CARE OR AFTER SCHOOL CARE;
  4.   SCOUTING; OR
  5.   DAY OR OVERNIGHT CAMPING; OR
  (II)   ANY UNIT OF LOCAL, STATE, OR FEDERAL GOVERNMENT.
     (B)   (1)   EXCEPT AS PROVIDED IN § 3–307(A)(4) OR § 3–308(A)(2) OF THIS
SUBTITLE, A PERSON IN A POSITION OF AUTHORITY MAY NOT ENGAGE IN A SEXUAL
ACT OR SEXUAL CONTACT WITH A MINOR WHO, AT THE TIME OF THE SEXUAL ACT OR
SEXUAL CONTACT:
  (I) IS A STUDENT ENROLLED AT A SCHOOL WHERE THE PERSON
IN A POSITION OF AUTHORITY WORKS; OR
  (II)   1.IS PARTICIPATING IN A PROGRAM FOR WHICH THE
PERSON IN A POSITION OF AUTHORITY WORKS; AND
  2.   IS AT LEAST 6 YEARS YOUNGER THAN THE PERSON IN
A POSITION OF AUTHORITY.
  (2)   EXCEPT AS PROVIDED IN § 3–307(A)(5) OR § 3–308(A)(3) OF THIS
SUBTITLE, A PERSON IN A POSITION OF AUTHORITY MAY NOT ENGAGE IN VAGINAL
INTERCOURSE WITH A MINOR WHO, AT THE TIME OF THE VAGINAL INTERCOURSE:
  (I) IS A STUDENT ENROLLED AT A SCHOOL WHERE THE PERSON
IN A POSITION OF AUTHORITY WORKS; OR
  (II)   1.IS PARTICIPATING IN A PROGRAM FOR WHICH THE
PERSON IN A POSITION OF AUTHORITY WORKS; AND
  2.   IS AT LEAST 6 YEARS YOUNGER THAN THE PERSON IN
A POSITION OF AUTHORITY.
     (C)    A PERSON IN A POSITION OF AUTHORITY MAY NOT VIOLATE SUBSECTION
(B) OF THIS SECTION INVOLVING A CHILD UNDER THE AGE OF 13 YEARS.
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Ch. 426  2026 LAWS OF MARYLAND
      (D) A PERSON WHO HAS PREVIOUSLY BEEN CONVICTED OF A VIOLATION OF
§ 3–303, § 3–304, §§ 3–307 THROUGH 3–310 OF THIS SUBTITLE, § 3–311 OR § 3–312
OF THIS SUBTITLE AS THE SECTIONS EXISTED BEFORE OCTOBER 1, 2017, § 3–315 OF
THIS SUBTITLE, OR § 3–602 OF THIS TITLE MAY NOT VIOLATE SUBSECTION (B) OR (C)
OF THIS SECTION.
      (E)    (1)   A PERSON WHO VIOLATES SUBSECTION (B) OF THIS SECTION IS
GUILTY OF THE MISDEMEANOR OF SEXUAL OFFENSE BY A PERSON IN A POSITION OF
AUTHORITY AND ON CONVICTION IS SUBJECT TO IMPRISONMENT NOT EXCEEDING 3
YEARS 1 YEAR OR A FINE NOT EXCEEDING $1,000 OR BOTH.
  (2)   A PERSON WHO VIOLATES SUBSECTION (C) OF THIS SECTION IS
GUILTY OF THE FELONY OF SEXUAL OFFENSE BY A PERSON IN A POSITION OF
AUTHORITY AND ON CONVICTION IS SUBJECT TO IMPRISONMENT NOT EXCEEDING
15 10 YEARS OR A FINE NOT EXCEEDING $25,000 OR BOTH.
  (3)   A PERSON WHO VIOLATES SUBSECTION (D) OF THIS SECTION IS
GUILTY OF THE FELONY OF SEXUAL OFFENSE BY A PERSON IN A POSITION OF
AUTHORITY AND ON CONVICTION IS SUBJECT TO IMPRISONMENT NOT EXCEEDING
25 20 YEARS OR A FINE NOT EXCEEDING $50,000 OR BOTH.
      (F)    (1)   UNLESS SPECIFICALLY CHARGED BY THE STATE, A VIOLATION OF
THIS SECTION MAY NOT BE CONSIDERED A LESSER INCLUDED CRIME OF ANY OTHER
CRIME.
  (2) A SENTENCE IMPOSED UNDER THIS SECTION MAY BE IMPOSED
SEPARATE FROM AND CONSECUTIVE TO OR CONCURRENT WITH A SENTENCE FOR
ANY CRIME BASED ON THE ACT ESTABLISHING THE VIOLATION OF THIS SECTION.
3–324.
      (a)    In this section, “solicit” means to command, authorize, urge, entice, request,
or advise a person by any means, including:
  (1)   in person;
  (2)   through an agent or agency;
  (3)   over the telephone;
  (4)   through any print medium;
  (5)   by mail;
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  WES MOORE, Governor  Ch. 426
  (6)   by computer or Internet; or
  (7)   by any other electronic means.
       (b)    (1)    A person may not, with the intent to commit a violation of § 3–304 [or],
§ 3–307, OR § 3–308.1 3–308.1(C) OR (D) of this subtitle or § 11–207, § 11–303, § 11–304,
§ 11–305, § 11–306, or § 11–307 of this article, knowingly solicit a minor, or a law
enforcement officer posing as a minor, to engage in activities that would be unlawful for
the person to engage in under § 3–304 [or], § 3–307, OR § 3–308.1 3–308.1(C) OR (D) of
this subtitle or § 11–207, § 11–303, § 11–304, § 11–305, § 11–306, or § 11–307 of this article.
  (2)    A person may not, with the intent to commit a violation of § 3–304 [or],
§ 3–307, OR § 3–308.1 3–308.1(C) OR (D) of this subtitle or § 11–207, § 11–303, § 11–304,
§ 11–305, § 11–306, or § 11–307 of this article, knowingly solicit the consent of a parent,
guardian, or custodian of a minor, or a law enforcement officer posing as a parent, guardian,
or custodian of a minor, to engage in activities with the minor that would be unlawful for
the person to engage in under § 3–304 [or], § 3–307, OR § 3–308.1 3–308.1(C) OR (D) of
this subtitle or § 11–207, § 11–303, § 11–304, § 11–305, § 11–306, or § 11–307 of this article.
      (c)    A violation of this section is considered to be committed in the State for
purposes of determining jurisdiction if the solicitation:
  (1)   originated in the State; or
  (2)   is received in the State.
      (d)     A person who violates this section is guilty of a felony and on conviction is
subject to:
  (1)    for a first offense, imprisonment not exceeding 10 years or a fine not
exceeding $25,000 or both; and
  (2)    for a second or subsequent offense, imprisonment not exceeding 20
years or a fine not exceeding $50,000 or both.
  Article – Criminal Procedure
11–701.
       (a)    In this subtitle the following words have the meanings indicated.
       (o)    “Tier I sex offender” means a person who has been convicted of:
  (1)    conspiring to commit, attempting to commit, or committing a violation
of § 3–308 OR § 3–308.1(B) of the Criminal Law Article;
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 Ch. 426  2026 LAWS OF MARYLAND
  (2)    conspiring to commit, attempting to commit, or committing a violation
of § 3–902 or § 11–208 of the Criminal Law Article, if the victim is a minor;
  (3)   a crime committed in a federal, military, tribal, or other jurisdiction
that, if committed in this State, would constitute one of the crimes listed in item (1) or (2)
of this subsection;
  (4)    any of the following federal offenses:
  (i)     misleading domain names on the Internet under 18 U.S.C. §
2252B;
  (ii)    misleading words or digital images on the Internet under 18
U.S.C. § 2252C;
  (iii)   engaging in illicit conduct in foreign places under 18 U.S.C. §
2423(c);
  (iv)    failure to file a factual statement about an alien individual under
18 U.S.C. § 2424;
  (v)    transmitting information about a minor to further criminal
sexual conduct under 18 U.S.C. § 2425;
  (vi)    sex trafficking by force, fraud, or coercion under 18 U.S.C. § 1591;
or
  (vii)   travel with intent to engage in illicit conduct under 18 U.S.C. §
2423(b);
  (5)     any military offense specified by the Secretary of Defense under Section
115(A)(8)(C)(i) of Public Law 105–119 (codified at 10 U.S.C. § 951 Note) that is similar to
those offenses listed in item (4) of this subsection; or
  (6)  a crime in a court of Canada, Great Britain, Australia, New Zealand, or
any other foreign country where the United States Department of State has determined in
its Country Reports on Human Rights Practices that an independent judiciary generally or
vigorously enforced the right to a fair trial during the year in which the conviction occurred
that, if the crime were committed in this State, would constitute one of the crimes listed in
items (1) through (5) of this subsection.
      (q)    “Tier III sex offender” means a person who has been convicted of:
  (1)    conspiring to commit, attempting to commit, or committing a violation
of:
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  WES MOORE, Governor  Ch. 426
  (i)     § 2–201(a)(4)(viii), (x), or (xi) of the Criminal Law Article;
  (ii)   § 3–303, § 3–304, § 3–307(a)(1) or (2), § 3–308.1(C) OR (D), §
3–309, § 3–310, § 3–311, § 3–312, § 3–315, § 3–323, or § 3–602 of the Criminal Law Article;
  (iii)   § 3–502 of the Criminal Law Article, if the victim is a minor;
  (iv) § 3–502 of the Criminal Law Article, if the victim is an adult, and
the person has been ordered by the court to register under this subtitle;
  (v)    the common law offense of sodomy, as that offense existed before
October 1, 2020, or § 3–322 of the Criminal Law Article, as that offense existed before
October 1, 2023, if the offense was committed with force or threat of force; or
  (vi) § 3–305 or § 3–306 of the Criminal Law Article as the sections
existed before October 1, 2017;
  (2)     conspiring to commit, attempting to commit, or committing a violation
of § 3–307(a)(3), § 3–314, § 3–503, or § 3–603 of the Criminal Law Article, if the victim is
under the age of 14 years;
  (3)     conspiring to commit, attempting to commit, or committing the common
law offense of false imprisonment, if the victim is a minor;
  (4)    conspiring to commit, attempting to commit, or committing an offense
that would require the person to register as a tier I or tier II sex offender after the person
was already registered as a tier II sex offender;
  (5)     a crime committed in a federal, military, tribal, or other jurisdiction
that, if committed in this State, would constitute one of the crimes listed in items (1)
through (3) of this subsection; or
  (6)  a crime in a court of Canada, Great Britain, Australia, New Zealand, or
any other foreign country where the United States Department of State has determined in
its Country Reports on Human Rights Practices that an independent judiciary generally or
vigorously enforced the right to a fair trial during the year in which the conviction occurred
that, if the crime were committed in this State, would constitute one of the crimes listed in
items (1) through (3) of this subsection.
      SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2026.
Approved by the Governor, May 12, 2026.
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