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© 2018 The Law Offices of Richard S. Miller

SEX

CRIMES

Of all the criminal charges people face, unfortunately sex crimes come with the greatest stigma. Whether you are guilty or not, just being charged with a sex crime can still do significant damage to your reputation, and your career. That’s why, if you’ve been charged with a sex crime it is critical that you hire a good criminal defense attorney to represent you.

 

Child Pornography

In Maryland, it is illegal to knowingly possess and intentionally retain any visual representation of a child under the age of 16 engaging in a sexual act or in a state of sexual excitement.

 

For first time offenders this is a misdemeanor charge and is subject to up to five years of prison time and/or a fine of up to $2,500.

 

Subsequent convictions are considered a felony and are punishable by up to 10 years in prison and/or up to a $10,000 fine.

 

If you are convicted of distributing or possessing with the intent to distribute an image of a child engaged in sexual conduct, it is a felony punishable by up to 10 years in prison and/or a $25,000 fine for the first offense. A subsequent violation is punishable b up to 20 years in prison and/or a $50,000 fine.

 

In addition to state charges, you can also face federal prosecution for child pornography.

 

Rape

  • First Degree – engaging in sexual intercourse with another without his or her consent by force, using weapons, strangling or inflicting serious physical injury, threatening with death, serious injury, or kidnapping, or committed with another’s help or during a burglary
  • Second Degree – engaging in vaginal intercourse with another 1) without his or her consent by force or threat, 2) with a mentally or physically incapacitated person (includes drunk, high, or unconscious) when the defendant knows of his or her condition, or 3) the victim is under 14 years old and the defendant is at least 4 years older than the victim

 

Sexual Offense

  • First Degree – engaging in a sexual act (oral or anal sex, or any object or part of one’s body penetrates the genitals or anus for sexual gratification, but not vaginal intercourse – that’s above in rape) by force, threat, or without consent while displaying a weapon, suffocating or physically injuring the victim, or threatening the victim with death, disfigurement, or serious physical injury, or committed with another’s help or during a burglary
  • Second Degree – engaging in a sexual act with another by 1) force or without his or her consent, 2) with a mentally or physically incapacitated person (includes drunk, high, or unconscious) when the defendant should know of his or her condition, or 3) the victim is under 14 and the defendant is at least 4 years older than the victim. 

  • Third Degree – includes any of the following:

    • Engaging in sexual contact (intentionally touching the victim’s or defendant’s genital, anal, or other private parts for sexual gratification or abuse of either person) in any of the following situations:

      • Without consent while using a weapon, strangling or seriously injuring the victim, threatening the victim with death, serious injury, or kidnapping, or committed with another’s help OR

      • The victim is mentally or physically incapacitated (drunk or unconscious for example) and the defendant knows of his or her condition

      • The victim is under 14 years old and the defendant is at least 4 years older

      • Engaging in a sexual act (i.e. oral or anal sex) or vaginal sex with a 14 or 15 year old victim by a 21 year old or older defendant, also known as statutory rape

 

No matter what sex offense you’ve been charged with, call our office to schedule your free consultation today. We will listen to your story without judgement, and come up with a strategic plan to best defend your rights and protect you your reputation, and your freedom.

SCHEDULE YOUR FREE CONSULTATION NOW