4th Degree Sexual Offense in Maryland: What You Need to Know
Updated for 2026
A fourth degree sexual offense under Criminal Law Section 3-308 is Maryland's lowest-level sex crime, and that label misleads people. The maximum jail sentence is one year, but a conviction puts you on the sex offender registry for 15 years. That registry consequence outlasts the sentence by more than a decade and follows you into housing, employment, and family court.
This guide covers what the State must prove, the penalties, the registry, and the defenses. If you're facing sex offense charges, read this before you talk to anyone about the case.
What Is a 4th Degree Sex Offense? Section 3-308 Explained
Section 3-308(b) prohibits three separate things, and the version charged changes the whole defense:
- Sexual contact without consent. Intentional touching of intimate areas without the other person's consent.
- Sexual act with a 14 or 15 year old when the defendant is at least 4 years older than the victim.
- Vaginal intercourse with a 14 or 15 year old when the defendant is at least 4 years older than the victim.
Section 3-308(c) adds a fourth category for people in positions of authority over minors, covered below.
Sexual Contact Related 4th Degree Sexual Offense
For the non-consent version, the State must prove:
- that the defendant had sexual contact with the victim, and
- that the sexual contact was made against the will and without the consent of the victim.
What is Sexual Contact?
Sexual contact means the intentional touching of the victim's or defendant's genital or anal area or other intimate parts for the purpose of sexual arousal or gratification, or for the abuse of either party.
The State does not need to show any element of resistance by the other party.
What is an example of Sexual Contact based Fourth Degree Sex Offense charges?
An example of how this could be charged is a situation where a defendant touched the breast of a woman without her consent in a bar. She need not scream or bat his hand away. The State would try to prove the defendant touched an intimate part for his own sexual gratification.
That example shows how easily these charges attach to ordinary disputes. A grab during a fight or a drunken grope at a party can produce a sex offense charge alongside a second degree assault charge, and only one of the two carries registry consequences.
Age Based Fourth Degree Sexual Offense
Maryland has age based fourth degree sexual offenses built on a 4-year age gap. A person may not commit a sexual act, or have vaginal intercourse, with a 14 or 15 year old if the person is at least 4 years older than the victim.
If a person is nineteen years old, they cannot commit a sexual act with a fourteen year old. If a person is twenty years old, they cannot commit a sexual act with a fifteen year old.
What is a sexual act?
A sexual act includes mouth based acts including fellatio, cunnilingus, and analingus. Sexual acts also include anal intercourse or unlawful penetration, meaning penetration by a part of another person's body into the genital or anal opening of another person.
Does Maryland have statutory rape?
Maryland does not use the term statutory rape, but several age based sexual offenses cover the same ground. The age of consent in Maryland is sixteen years old.
For a victim who is 14 or 15, the defendant's age picks the charge. Within 4 years of age, the age-gap crime does not apply. A defendant more than 4 years older but under 21 faces a fourth degree sexual offense. A defendant 21 or older faces a third degree sexual offense, a felony, under the carve-out in Section 3-307.
Person in a Position of Authority: Teachers, Coaches, and Program Staff
Section 3-308(c) targets adults who supervise minors. A person in a position of authority may not engage in a sexual act, sexual contact, or vaginal intercourse with a minor who is a student at the school where the person works, or who participates in a program the person works for and is at least 6 years younger.
Who counts as a person in a position of authority?
The statute defines it as a person who:
- is at least 21 years old and works, for pay or as a volunteer, at a public or private preschool, elementary school, or secondary school, or is at least 22 years old and works for a program; and
- exercises supervision over, or works or interacts with, one or more minors who attend that school or participate in that program.
The definition names principals, vice principals, teachers, coaches, and school counselors, and "program" reaches far beyond schools: sports and martial arts coaching, music and dance instruction, tutoring, day care and after school care, scouting, day and overnight camps, and any unit of local, State, or federal government. Consent is not a defense in these cases, because the statute treats the power imbalance itself as the harm.
Penalties for a 4th Degree Sexual Offense in Maryland
| Version | Classification | Maximum penalty |
|---|---|---|
| Fourth degree sexual offense (Section 3-308(d)(1)) | Misdemeanor | 1 year, $1,000 fine, or both |
| With a prior conviction for a listed sex offense (Section 3-308(d)(2)) | Misdemeanor, enhanced | 3 years, $1,000 fine, or both |
The subsequent offender enhancement applies when the person has a prior conviction, from a separate incident, under the statutes the section lists (including rape and other sexual offense convictions), and the State must follow the Maryland Rules' notice procedures to seek it.
Two more features of the statute matter for strategy. A fourth degree sexual offense is not a lesser included offense of any other crime unless the State specifically charges it, and a sentence under this section can run consecutive to the sentence for another crime arising from the same act, such as an assault conviction.
Sex Offender Registry and Fourth Degree Sexual Offenses
A conviction for a fourth degree sexual offense makes you a Tier I registrant on Maryland's Sex Offender Registry for fifteen (15) years. Registration means your name, photograph, and address appear on a public website, with in-person verification requirements and restrictions that touch where you live and work. For most clients, the registry, not the jail exposure, is the reason to fight the case.
Common Misconceptions
- Misconception #1: "Consent was initially given, so it's not an offense." Consent can be withdrawn, minors cannot consent to the age-based versions at all, and consent is no defense to the position-of-authority version.
- Misconception #2: "It's a misdemeanor; I can handle it myself." A conviction carries 15 years of public registration. No other Maryland misdemeanor follows you that long.
Why am I charged with a sexual offense and an assault?
Fourth degree sexual offenses are often charged alongside second degree assault charges when there's an allegation that an intimate part was touched.
A non-sexual seeming assault, like a touch on the butt during a fight, can lead to unwarranted sexual charges in a regular assault case. Because the statute allows consecutive sentences, the stacked charges raise your total exposure.
Legal Procedures and Processes
The Arrest Process
If accused of a fourth-degree sexual offense, the arrest process can be distressing. Knowing your rights, including the right to remain silent and the right to an attorney, is paramount. Police often try to get a statement or a "pretext call" from the accuser before charges are filed. Say nothing until you have counsel.
The Court Process
Fourth degree sexual offense cases start in District Court, though either side can move the case to Circuit Court for a jury trial. From bail review through trial, each stage carries decisions that affect the registry outcome, and a seasoned attorney guides you through every one.
Building a Strong Defense
Potential Defense Strategies
Several defense strategies can be employed, depending on the version of the charge:
- Consent: For the sexual contact version, demonstrating the contact was consensual defeats the charge.
- No sexual purpose: Sexual contact requires touching for sexual arousal, gratification, or abuse. Incidental or accidental contact does not qualify.
- Age and age-gap challenges: The age-based versions require proof of both parties' ages and the 4-year gap. The authority version requires the statutory job and supervision elements.
- Lack of evidence: These cases often rest on one person's word. Credibility, motive to fabricate, and inconsistent statements decide them.
- Mistaken identity: Proving that the accused was wrongly identified as the perpetrator.
Role of a Defense Attorney
Hiring a professional defense attorney isn't just a wise decision; it's often essential for a fair trial. At FrizWoods LLC, Max Frizalone is a former prosecutor who handled sex offense cases for the State, and Luke Woods has defended them for over two decades. We know how these cases get built and how they come apart.
Frequently Asked Questions
What is a 4th degree sex offense in Maryland?
It is Maryland's lowest-level sex crime under Criminal Law Section 3-308: sexual contact without consent, a sexual act or vaginal intercourse with a 14 or 15 year old by someone at least 4 years older, or sexual activity between a person in a position of authority and a minor at their school or program. It is a misdemeanor carrying up to 1 year and a $1,000 fine.
Is a 4th degree sex offense a felony?
No. It is a misdemeanor. But a conviction still requires Tier I sex offender registration for 15 years, and a prior sex offense conviction raises the maximum to 3 years.
Do you have to register as a sex offender for a 4th degree sex offense?
Yes. A conviction makes you a Tier I registrant for 15 years on Maryland's public registry. Avoiding the conviction, through dismissal, acquittal, or a plea to a non-registerable offense, is usually the central goal of the defense.
Can a 4th degree sex offense be expunged in Maryland?
A dismissal, acquittal, or nolle pros can be expunged. A conviction that requires registration is a different story, which is another reason the disposition matters more than the sentence in these cases. Ask us to review your specific eligibility.
What is the age of consent in Maryland?
Sixteen. For 14 and 15 year olds, Maryland's age-gap rules decide the charge: a partner at least 4 years older but under 21 faces a fourth degree offense, and a partner 21 or older faces a third degree felony.
Call FrizWoods today
If you or a loved one is facing a fourth-degree sexual offense charge in Maryland, time is of the essence. The decisions you make in the first days, before charges, before a statement, before bail review, shape the registry outcome.
Contact us for an urgent free consultation, any hour of the day. You can also read what past clients say on our reviews page.