This article focuses on the sexual abuse of a child under Maryland’s criminal Code. See Md. Crim. Code, § 3-602. There are separate statutory sections that criminalize non-sexual child abuse. As the names of the crimes imply, sexual child abuse includes some sexual elements like rape, genital touching or penetration, other sexual acts, etc. Non-sexual abuse involves other acts that are violent, cruel, inhuman, that result in injury or death, etc. See Md. Crim. Code, § 3-601.

Note that there is a significant overlap in the statutory sections. This means that if the facts support the charges, a person charged with sexual abuse of a minor will also be charged with some degree of child abuse. Any sexual abuse of a child is likely to include some facts that will support a charge for ordinary child abuse. Note also that the crime is called “sexual abuse of a minor,” which includes anyone under the age of 18. Obviously, the younger the minor, the more serious the crime will be taken by law enforcement, prosecutors, and judges. Note finally that while child abuse crimes are directed at family and household members, the criminal acts are applicable to non-family members. So, the acts that might support a conviction for sexual abuse of a minor might also support a crime sexual abuse, sexual assault, ordinary assault, etc.

In any event, if a person is convicted of sexual abuse of a minor, the crime is held to be a felony and carries a sentence of up to 25 years in prison for each charge/count. Section 3-602(c).

To be convicted, the Maryland prosecutors must show only two criminal elements, which are:

• The person charged is a family member or a household member or “other person who has permanent or temporary care or custody or responsibility for the supervision of a minor” AND
• The person charged must cause “sexual abuse” to the victim

Under Section (4) of the statute, “sexual abuse” is defined to mean ” … an act that involves sexual molestation or exploitation of a minor, whether physical injuries are sustained or not,” and these examples are given:

• Incest
• Rape
• Sexual offense in any degree; and
• Any other sexual conduct that is a crime

The enumerated list is deemed non-exhaustive.

Potential Criminal Defenses

In many cases of alleged sexual abuse of a minor, the criminal defenses tend to focus on the elements of this crime. That is, showing that the accused is not a family or household member or a person that had responsibility for the minor or showing that no form of sexual activity/abuse occurred. Succeeding with these defenses can be difficult, depending on the evidence collected by law enforcement.

Note that consent will not be a defense in these types of cases because minors cannot legally consent to engage in sexual acts.

Other criminal defenses might include innocence, alibi, mistaken identity, police procedure violations, violations of constitutional protections, and more.

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.