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WES MOORE, Governor Ch. 499
Chapter 499
(Senate Bill 230)
AN ACT concerning
Criminal Law – Third–Degree Sexual Offense – Burglary
FOR the purpose of establishing that engaging in sexual contact with another without the
consent of the other in connection with a first–, second–, or third–degree burglary
constitutes sexual offense in the third degree; altering the definitions of “tier I sex
offender”, “tier II sex offender”, and “tier III sex offender” applicable to provisions
relating to sex offender registration to include certain acts constituting sexual
offense in the third degree; and generally relating to sexual offense in the third
degree.
BY repealing and reenacting, with amendments,
Article – Criminal Law
Section 3–307
Annotated Code of Maryland
(2021 Replacement Volume and 2025 Supplement)
BY repealing and reenacting, without amendments,
Article – Criminal Procedure
Section 11–701(a)
Annotated Code of Maryland
(2025 Replacement Volume)
BY repealing and reenacting, with amendments,
Article – Criminal Procedure
Section 11–701(o), (p), and (q)
Annotated Code of Maryland
(2025 Replacement Volume)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Criminal Law
3–307.
(a) A person may not:
(1) (i) engage in sexual contact with another without the consent of the
other; and
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Ch. 499 2026 LAWS OF MARYLAND
(ii) 1. employ or display a dangerous weapon, or a physical object
that the victim reasonably believes is a dangerous weapon;
2. suffocate, strangle, disfigure, or inflict serious physical
injury on the victim or another in the course of committing the crime;
3. threaten, or place the victim in fear, that the victim, or an
individual known to the victim, imminently will be subject to death, suffocation,
strangulation, disfigurement, serious physical injury, or kidnapping; [or]
4. commit the crime while aided and abetted by another; OR
5. COMMIT THE CRIME IN CONNECTION WITH A
BURGLARY IN THE FIRST DEGREE UNDER § 6–202 OF THIS ARTICLE, A BURGLARY IN
THE SECOND DEGREE UNDER § 6–203 OF THIS ARTICLE, OR A BURGLARY IN THE
THIRD DEGREE UNDER § 6–204 OF THIS ARTICLE;
(2) engage in sexual contact with another if the victim is a substantially
cognitively impaired individual, a mentally incapacitated individual, or a physically
helpless individual, and the person performing the act knows or reasonably should know
the victim is a substantially cognitively impaired individual, a mentally incapacitated
individual, or a physically helpless individual;
(3) engage in sexual contact with another if the victim is under the age of
14 years, and the person performing the sexual contact is at least 4 years older than the
victim;
(4) engage in a sexual act with another if the victim is 14 or 15 years old,
and the person performing the sexual act is at least 21 years old; or
(5) engage in vaginal intercourse with another if the victim is 14 or 15
years old, and the person performing the act is at least 21 years old.
(b) A person who violates this section is guilty of the felony of sexual offense in
the third degree and on conviction is subject to imprisonment not exceeding 10 years.
Article – Criminal Procedure
11–701.
(a) In this subtitle the following words have the meanings indicated.
(o) “Tier I sex offender” means a person who has been convicted of:
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WES MOORE, Governor Ch. 499
(1) conspiring to commit, attempting to commit, or committing a violation
of § 3–308 of the Criminal Law Article;
(2) conspiring to commit, attempting to commit, or committing a violation
of § 3–902 or § 11–208 of the Criminal Law Article, if the victim is a minor;
(3) CONSPIRING TO COMMIT, ATTEMPTING TO COMMIT, OR
COMMITTING A VIOLATION OF § 3–307(A)(1)(II)5 OF THE CRIMINAL LAW ARTICLE,
IF THE VICTIM IS NOT A MINOR;
[(3)] (4) a crime committed in a federal, military, tribal, or other
jurisdiction that, if committed in this State, would constitute one of the crimes listed in
[item (1) or (2)] ITEMS (1) THROUGH (3) of this subsection;
[(4)] (5) any of the following federal offenses:
(i) misleading domain names on the Internet under 18 U.S.C. §
2252B;
(ii) misleading words or digital images on the Internet under 18
U.S.C. § 2252C;
(iii) engaging in illicit conduct in foreign places under 18 U.S.C. §
2423(c);
(iv) failure to file a factual statement about an alien individual under
18 U.S.C. § 2424;
(v) transmitting information about a minor to further criminal
sexual conduct under 18 U.S.C. § 2425;
(vi) sex trafficking by force, fraud, or coercion under 18 U.S.C. § 1591;
or
(vii) travel with intent to engage in illicit conduct under 18 U.S.C. §
2423(b);
[(5)] (6) any military offense specified by the Secretary of Defense under
Section 115(A)(8)(C)(i) of Public Law 105–119 (codified at 10 U.S.C. § 951 Note) that is
similar to those offenses listed in item [(4)] (5) of this subsection; or
[(6)] (7) a crime in a court of Canada, Great Britain, Australia, New
Zealand, or any other foreign country where the United States Department of State has
determined in its Country Reports on Human Rights Practices that an independent
judiciary generally or vigorously enforced the right to a fair trial during the year in which
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Ch. 499 2026 LAWS OF MARYLAND
the conviction occurred that, if the crime were committed in this State, would constitute
one of the crimes listed in items (1) through [(5)] (6) of this subsection.
(p) “Tier II sex offender” means a person who has been convicted of:
(1) conspiring to commit, attempting to commit, or committing a violation
of § 3–307(a)(4) or (5), § 3–324, § 11–207, or § 11–209 of the Criminal Law Article;
(2) conspiring to commit, attempting to commit, or committing a violation
of § 3–1102, § 3–1103, § 11–303, § 11–305, § 11–306, or § 11–307 of the Criminal Law
Article, if the intended prostitute or victim is a minor;
(3) conspiring to commit, attempting to commit, or committing a violation
of § 3–314 or § 3–603 of the Criminal Law Article, if the victim is a minor who is at least 14
years old;
(4) CONSPIRING TO COMMIT, ATTEMPTING TO COMMIT, OR
COMMITTING A VIOLATION OF § 3–307(A)(1)(II)5 OF THE CRIMINAL LAW ARTICLE,
IF THE VICTIM IS A MINOR WHO IS AT LEAST 13 YEARS OLD;
[(4)] (5) conspiring to commit, attempting to commit, or committing an
offense that would require the person to register as a tier I sex offender after the person
was already registered as a tier I sex offender;
[(5)] (6) a crime that was committed in a federal, military, tribal, or other
jurisdiction that, if committed in this State, would constitute one of the crimes listed in
items (1) through [(3)] (4) of this subsection; or
[(6)] (7) a crime in a court of Canada, Great Britain, Australia, New
Zealand, or any other foreign country where the United States Department of State has
determined in its Country Reports on Human Rights Practices that an independent
judiciary generally or vigorously enforced the right to a fair trial during the year in which
the conviction occurred that, if the crime were committed in this State, would constitute
one of the crimes listed in items (1) through [(3)] (4) of this subsection.
(q) “Tier III sex offender” means a person who has been convicted of:
(1) conspiring to commit, attempting to commit, or committing a violation
of:
(i) § 2–201(a)(4)(viii), (x), or (xi) of the Criminal Law Article;
(ii) § 3–303, § 3–304, [§ 3–307(a)(1) or (2)] § 3–307(A)(1)(II)1
THROUGH 4 AND (2), § 3–309, § 3–310, § 3–311, § 3–312, § 3–315, § 3–323, or § 3–602 of
the Criminal Law Article;
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WES MOORE, Governor Ch. 499
(iii) § 3–502 of the Criminal Law Article, if the victim is a minor;
(iv) § 3–502 of the Criminal Law Article, if the victim is an adult, and
the person has been ordered by the court to register under this subtitle;
(v) the common law offense of sodomy, as that offense existed before
October 1, 2020, or § 3–322 of the Criminal Law Article, as that offense existed before
October 1, 2023, if the offense was committed with force or threat of force; or
(vi) § 3–305 or § 3–306 of the Criminal Law Article as the sections
existed before October 1, 2017;
(2) conspiring to commit, attempting to commit, or committing a violation
of § 3–307(a)(3), § 3–314, § 3–503, or § 3–603 of the Criminal Law Article, if the victim is
under the age of 14 years;
(3) conspiring to commit, attempting to commit, or committing the common
law offense of false imprisonment, if the victim is a minor;
(4) CONSPIRING TO COMMIT, ATTEMPTING TO COMMIT, OR
COMMITTING A VIOLATION OF § 3–307(A)(1)(II)5 OF THE CRIMINAL LAW ARTICLE,
IF THE VICTIM IS A MINOR WHO IS UNDER THE AGE OF 13 YEARS;
[(4)] (5) conspiring to commit, attempting to commit, or committing an
offense that would require the person to register as a tier I or tier II sex offender after the
person was already registered as a tier II sex offender;
[(5)] (6) a crime committed in a federal, military, tribal, or other
jurisdiction that, if committed in this State, would constitute one of the crimes listed in
items (1) through [(3)] (4) of this subsection; or
[(6)] (7) a crime in a court of Canada, Great Britain, Australia, New
Zealand, or any other foreign country where the United States Department of State has
determined in its Country Reports on Human Rights Practices that an independent
judiciary generally or vigorously enforced the right to a fair trial during the year in which
the conviction occurred that, if the crime were committed in this State, would constitute
one of the crimes listed in items (1) through [(3)] (4) of this subsection.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to
apply only prospectively and may not be applied or interpreted to have any effect on or
application to any acts committed before the effective date of this Act.
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2026.
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Ch. 499 2026 LAWS OF MARYLAND
Approved by the Governor, May 12, 2026.
–6–Every fact on this page links to its source, starting with the official bill record.