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WES MOORE, Governor Ch. 453
Chapter 453
(Senate Bill 81)
AN ACT concerning
Criminal Law – School Resource Officers – Prohibition on Sexual Activity With
Students
FOR the purpose of prohibiting a law enforcement officer from engaging in certain sexual
acts, sexual contact, or vaginal intercourse with a student enrolled in a school where
the law enforcement officer is assigned as a school resource officer; and generally
relating to school resource officers and prohibited activities with students.
BY repealing and reenacting, without amendments,
Article – Criminal Law
Section 3–314(a)(1) and (5), (f), and (g)
Annotated Code of Maryland
(2021 Replacement Volume and 2025 Supplement)
BY repealing and reenacting, with amendments,
Article – Criminal Law
Section 3–314(e)
Annotated Code of Maryland
(2021 Replacement Volume and 2025 Supplement)
BY repealing and reenacting, without amendments,
Article – Education
Section 7–1501(a) and (j)
Annotated Code of Maryland
(2025 Replacement Volume and 2025 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Criminal Law
3–314.
(a) (1) In this section the following words have the meanings indicated.
(5) “Law enforcement officer” has the meaning stated in § 1–101 of the
Public Safety Article.
(e) (1) Except as provided in paragraph (2) of this subsection, a law
enforcement officer may not engage in sexual contact, vaginal intercourse, or a sexual act
with a person:
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Ch. 453 2026 LAWS OF MARYLAND
(i) who is a victim, witness, or suspect in an open investigation that
the law enforcement officer is conducting, supervising, or assisting with if the law
enforcement officer knew or should have known that the person is a victim, witness, or
suspect in the investigation;
(ii) requesting assistance from or responding to the law enforcement
officer in the course of the law enforcement officer’s official duties; [or]
(iii) in the custody of the law enforcement officer; OR
(IV) WHO IS A STUDENT ENROLLED IN A SCHOOL WHERE THE
LAW ENFORCEMENT OFFICER IS ASSIGNED AS A SCHOOL RESOURCE OFFICER, AS
DEFINED IN § 7–1501 OF THE EDUCATION ARTICLE.
(2) Paragraph (1)(i) and (ii) of this subsection does not apply if the law
enforcement officer:
(i) had a prior existing legal sexual relationship with the person;
and
(ii) did not act under the color or pretense of office or under color of
official right when seeking consent to the vaginal intercourse, sexual act, or sexual contact.
(f) A person who violates this section is guilty of a misdemeanor and on conviction
is subject to imprisonment not exceeding 3 years or a fine not exceeding $3,000 or both.
(g) A sentence imposed for a violation of this section may be separate from and
consecutive to or concurrent with a sentence for another crime under § 3–303, § 3–304, or
§§ 3–307 through 3–310 of this subtitle, or § 3–305, § 3–306, § 3–311, or § 3–312 of this
subtitle as the sections existed before October 1, 2017.
Article – Education
7–1501.
(a) In this subtitle the following words have the meanings indicated.
(j) “School resource officer” means:
(1) A law enforcement officer as defined under § 1–101(c) of the Public
Safety Article who has been assigned to a school in accordance with a memorandum of
understanding between the chief of a law enforcement agency as defined under § 3–201(d)
of the Public Safety Article and the local education agency; or
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WES MOORE, Governor Ch. 453
(2) A Baltimore City school police officer, as defined in § 4–318 of this
article.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July
1, 2026.
Approved by the Governor, May 12, 2026.
–3–Every fact on this page links to its source, starting with the official bill record.