Sexual abuse of a minor is a crime in Maryland. See Md. Crim. Code, § 3-602(b)(1). Under the statute, “abuse” is very broadly defined and includes the idea of exploitation. That is, “sexual abuse” is explicitly defined as “an act that involves sexual molestation or exploitation of a minor, whether physical injuries are sustained or not.” § 3-602(a)(4)(i). The crime can be committed by parents, family members, household members, or anyone with permanent or temporary care/custody of a minor child. Conviction of sexual abuse of a minor can lead to incarceration of up to 25 years for each act of abuse.

To obtain a conviction, the prosecuting attorneys must prove the following criminal elements:

• The person charged is a parent, family or household member, or someone who had, at the time, permanent or temporary care or custody or responsibility for the supervision of the minor in question
• The victim was a minor at the time of the abuse/exploitation
• The person committed an act of sexual abuse or exploitation
• Intent to commit the acts or acts

Generally speaking, proving sexual abuse is less difficult for the prosecution since abuse typically involves some form of physical touching (although no form of penetration is required for conviction). Proving sexual exploitation is more complicated because the jury must also determine that the alleged exploitation resulted in sexual gratification for the accused or someone for whom the exploitation was being obtained.

Criminal Defenses and Case Examples

If you are charged with sexual abuse of a minor, you should definitely retain the legal services of an experienced Maryland criminal defense attorney like those at the Law Office of Robert Castro. Call us at (301) 870-1200 if you have been arrested or charged. We are available around the clock, 24/7. You can also use our contact page. We are criminal lawyers in Charles County, MD.

Charges of sexual abuse of a minor are serious and will require a skilled defense since there may not be too many defenses available. The facts may, of course, reveal defenses like mistaken identity, alibi, constitutional violations in collecting evidence, or violation of police handling of evidence.

However, where more common defenses are not available based on the facts, the best defense might be to rely on the jury and argue that there is no evidence of abuse or sexual gratification. A case in point is Turenne v. State, 321 A. 3d 697 (Md. Court of Appeals 2024). In that case, a childcare worker took eight photographs of female infants’ genitalia that included full visual images of their pubic areas but not their heads/faces. The accused claimed the photos were taken to show diaper rashes so that she could prove she was not at fault if the parents complained about diaper rash. She was charged with sexual exploitation of the infants.

No other criminal defenses were available, and thus, she relied on the argument that no exploitation took place because there was no sexual gratification involved.

Ultimately, the jury was not convinced, and she was convicted. The conviction was upheld on appeal. In Maryland, when dealing with allegations of lascivious exhibition of a child’s genitals or pubic areas, the test applied is called the “content-plus-context” test. That means that the jury must consider (1) the contents of the image and (2) the context of the image in deciding whether the images are “objectively sexual in nature.” In the Turenne case, apparently, the jury rejected the argument regarding diaper rash and decided that the photos were sexual in nature. As noted, the upper courts agreed with the verdict and held that there was sufficient evidence for the jury to make the determination that the photos were sexual in nature.

Contact Waldorf, Maryland Criminal Defense Lawyer Robert Castro Today

This article has been provided by the Law Office of Robert Castro. For more information or questions, contact our office to speak to an experienced Maryland criminal defense lawyer at (301) 870-1200. We are Waldorf, MD, Criminal Defense lawyers. Our address is 2670 Crain Highway, Waldorf, MD 20601.