Posts Tagged ‘Crime Defense’

VIRGINIA SEX CRIME DEFENSE

FORMER PROSECUTORS & POLICE OFFICERS

If you are charged with a sex crime in Virginia, do you need just a plain old criminal lawyer or do you need a lawyer who has specific experience in defending clients charged with a sex crime.

Would you rather go to a general physician for a heart problem or go to a cardiologist?

The laws in Virginia are constantly changing and you need a lawyer who is current with the specific laws that apply to your case.

The field of sex crimes defense requires a lot of experience.  You need a Virginia lawyer who is aware of what type of treatment provider is necessary for a sex crime.

You also need a Virginia sex crime defense lawyer who can understands what a judge will likely do if you take a plea vs. take the case to trial.

Lastly, you need a Virginia sex crime defense attorney who has actually taken a sex crime case to trial before a jury.

If you are facing a sex crime in Virginia, contact the SRIS Law Group Virginia sex crime defense lawyers for help.

A SRIS Law Group Virginia Sex crime defense lawyer will discuss the case with you and advise you of your options.

Call today to speak with a Virginia sex crime defense attorney to discuss your case and your future.

Offices in: Fairfax, Richmond, Virginia Beach, Lynchburg, Fredericksburg & Manassas.

Types of Sex Crimes Cases We Handle:

• Sexual Battery
• Aggravated Sexual Battery
• Indecent Liberties With A Minor
• Solicitation of A Minor
• Rape
• Object Sexual Penetration

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VIRGINIA DRUG CRIME LAWYER

Virginia aggressively prosecutes drug crimes.

If you have been arrested for possession or sale of narcotics or a controlled substance (PWID), you face serious penalties.

Repeat offenders, and even some first time offenders, are looking at the possibility of a significant jail or prison sentence if they are convicted of a drug crime in Virginia.

The first step to protecting your rights is to hire an experienced drug crime defense attorney in Virginia.  The Virginia criminal lawyers at the SRIS Law Group are aggressive drug crime lawyers who ensure that their clients get a strong and effective defense.

Our Virginia criminal lawyers defend clients accused of all types of drug crime charges in Virginia state & federal courts, including:

• Simple possession of marijuana
• Possession of cocaine, crack, ecstasy, heroin and other controlled substances
• Possession with intent to distribute (PWID)
• Narcotics trafficking
• Prescription forgery
• And other drug crimes

Contact us if you have been charged with a drug crime in any part of Virginia.

Our Virginia drug crime lawyers have offices in Fairfax, Virginia Beach, Richmond, Lynchburg, Fredericksburg & Manassas.

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The Attorneys of SRIS, P.C., Represent Clients in State and Federal Courts

Licensed in Virginia, Maryland, D.C., Pennsylvania & Massachusetts

Let Our “one-stop law firm” Start Taking Care of You!

The SRIS, P.C. Massachusetts, Maryland & Virginia attorneys provide legal services to clients in a broad range of practice areas. However, each of our attorneys focuses primarily in one area of the law. This enables the Massachusetts, Maryland & Virginia attorneys of SRIS, P.C., to ensure that no matter what their legal needs, our clients are always represented by an extremely knowledgeable attorney in Virginia, Maryland or Massachusetts.

We have offices in Virginia, Maryland & Massachusetts to better serve you.

• Our offices in Virginia are located in Fairfax, Manassas, Richmond, Lynchburg & Virginia Beach.
• Our offices in Maryland are located in Rockville & Annapolis.
• Our office in Massachusetts is in Boston.

Our attorneys and staff in Virginia, Maryland & Massachusetts, speak a variety of languages, including: English, Tamil, Spanish, French, Arabic, Hindi, Cantonese, Mandarin, and Telugu. Contact SRIS, P.C., today to set up an appointment regarding any of the following practice areas:

Divorce law and family law:

Our divorce law attorneys in Virginia, Maryland & Massachusetts have extensive experience representing clients in divorce cases, focusing on the issues listed below and all other divorce issues.

• Child custody
• Contested divorce
• Child support and spousal maintenance (Alimony)
• Custody and visitation
• Grandparent and third-party visitation
• Legal separation

Criminal defense law:

Our criminal defense lawyers and sex crime lawyers in Virginia, Maryland & Massachusetts have solid experience defending the rights of clients suspected of criminal law activity as well as those arrested and formally charged with crimes. We also have experience handling arraignments, preliminary hearings, suppression motions, jury trials and post-trial proceedings in Virginia, Maryland and the Massachusetts.

• Assault and battery law
• Criminal disorderly conduct
• Criminal drug
• Criminal gambling
• Criminal trespass
• Criminal larceny

Traffic violation defense law:

The traffic law lawyers at the SRIS, P.C. offices in Virginia, Maryland & Massachusetts, help clients with a variety of cases, including but not limited to the charges listed below. For more information, see our page on traffic laws:

• DUI Laws & Penalties
• Reckless Driving laws and penalties
• Driving on suspended license, revoked license or no operator’s license laws and penalties
• Aggressive driving, improper driving, speeding and traffic laws and penalties
• Traffic tickets

Sex offense law:

Covers the areas of rape, aggravated sexual battery, child molestation, internet child pornography, sexual battery, indecent liberties, inanimate and animate sexual object penetration among others. Please click here to see the law on some of the different types of sex offenses.

Business immigration law:

SRIS, P.C., lawyers in Virginia & Maryland provide immigration law representation for both employers and future or current employees. Our clientele ranges from large corporations to family-owned businesses and their employees

Individual immigration law:

SRIS, P.C., immigration law lawyers provide legal assistance to those seeking immigration through a family relationship, including those who marry or wish to marry a U.S. citizen or permanent resident. We can prepare and file documents as well as provide representation in deportation and removal proceedings.

Civil litigation law:

At SRIS, P.C., our experienced civil litigation attorneys represent individuals and companies. We are accomplished trial lawyers, and we conduct litigation as efficiently as possible so that our clients do not have to spend any more resources on a lawsuit than is absolutely necessary.

Chapter 7 bankruptcy law:

The main goal under any filing in bankruptcy is to give one who is burdened with debt a fresh start. A Chapter 7 Bankruptcy is the most common form of bankruptcy filing, accounting for over 65% of all consumer bankruptcy filings.

A filing under Chapter 7 bankruptcy is often called liquidation or a straight bankruptcy. Liquidation converts one’s assets to money. This process involves the appointment of a trustee, who collects all non-exempt property, sells the assets and then distributes the proceeds from the sale to the appropriate creditors. However, unlike Chapter 13 Bankruptcy filings, a debtor does not make payments to the trustee.

Chapter 11 bankruptcy law:

Although not exclusively limited to businesses, Chapter 11 bankruptcy is generally most suitable for businesses that are attempting to restructure financial obligations. Unlike Chapter 7 bankruptcy, where the goal is to sell all of the assets and eliminate outstanding debt obligations, Chapter 11 bankruptcy is appropriate when the business wants to reorganize its debts in a manner that will allow it to continue operating.

After filing a petition for Chapter 11 bankruptcy, the debtor usually continues to operate the business. Although much of the business property may be subject to liens, creditors cannot repossess the property. Additionally, business owners can continue to sell property that remains unencumbered. For more information about Chapter 11 bankruptcy, speak with an experienced bankruptcy attorney today.

Chapter 13 bankruptcy law:

A Chapter 13 Bankruptcy allows the debtor to keep all of their property. However, an interest-free plan for repayment must be developed and approved by the court. The debtor begins to make payments within thirty to forty-five days after the case has begun. Unlike Chapter 7 Bankruptcy, the payments are made to the trustee who will then pay the appropriate creditors. Chapter 13 bankruptcy prevents creditors from collecting from the debtor. The creditors are required by law to strictly follow the terms of the repayment plan.

Expungement law:

Expungement of a record means that a criminal record is wiped from the slate. As a result, expungement makes the crime as if it never occurred. By successfully getting an expungement, each law enforcement agency will destroy their records of the crime. Although some people confuse the two, expungement differs from getting a record sealed. By getting a record sealed, the file will remain intact but can only be released to other law enforcement agencies, so employers and other people cannot get access to the record but is not completely erased like with an expungement.

For more information about our services, or to make an appointment with a SRIS, P.C. lawyer, please give us a call or contact our lawyers online today.

Our attorneys and staff in Virginia, Maryland & Massachusetts speak the following languages in addition to English: Spanish, French, Hindi, Tamil, Telugu, Cantonese, Mandarin & Malaysian.

Please click on attorneys to learn more about our lawyers who will assist you with your legal matters in Virginia, Maryland or Massachusetts.

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Internet Sex Crime Defense Attorneys

Licensed in Virginia, Maryland, D.C. & Massachusetts

Defending Clients in both State and Federal Courts

If you have been charged with an internet sex crime or computer sex crime in Virginia, Maryland or Massachusetts, then you have been targeted for prosecution by a special internet sex crimes taskforce. Defending clients accused of an internet sex crime or computer sex crime requires the skills of a lawyer who is both an aggressive criminal defense lawyer and is extremely knowledgeable about computers.

The Massachusetts, Maryland & Virginia computer sex crimes attorneys of SRIS, P.C. are uniquely situated to defend clients accused on an internet sex crime or computer sex crime. The Maryland, Massachusetts & Virginia sex crime defense attorneys at SRIS, P.C. are extremely knowledgeable about computers and they also have an entire internal IT department available to answer their queries regarding computers and the internet. Most clients don’t realize that Virginia, Maryland & Massachusetts are prosecuting people accused of a computer sex crime with an attitude of no mercy. In fact, even the local counties and cities in Virginia, Maryland & Massachusetts are starting up internet sex crimes task forces. Due to the worldwide presence of the web, a person who is accused of breaking a law regarding an internet sex crime can be prosecuted in an entirely different part of the state or even another state or country.

Virginia, Maryland & Massachusetts have different laws regarding internet sex crimes. Compounding that is the federal government’s own laws regarding internet sex crimes & computer sex crimes. Most jurisdictions are now taking the position that if a person accused of an internet sex crime does not plead guilty to the charges as presented, then they will simply turn the case over to the Feds (federal government) for prosecution. The state governments are leveling this threat because they are aware that most attorneys are not willing to take on the federal government if it decides to prosecute a case.

We have offices in Virginia, Maryland & Massachusetts to better serve you.

The Law Offices of SRIS, P.C. has represented many clients charged with the following types of sex crimes:

• Internet Child pornography
• Stalking charges facilitated through the internet
• Solicitation of a minor via chat room
• Entrapment by Police Officers posing as juveniles on line

If you believe you have been targeted for prosecution for an internet sex crime or online sex crime in Virginia, Maryland or Massachusetts, contact us immediately. Do not talk to law enforcement without the protection and guidance of a skilled computer sex crime defense attorney who is knowledgeable about internet sex crime prosecution. Please remember, our internet sex crimes defense lawyers are very experienced in representing clients charged with internet sex crimes & online sex crimes in both the state and federal courts of Virginia, Maryland & Massachusetts.

Our attorneys are licensed to handle cases in Virginia, Maryland, Pennsylvania & Massachusetts, however we handle internet sex crimes cases only in Virginia, Maryland & Massachusetts.

Our attorneys and staff in Virginia, Maryland & Massachusetts, speak the following languages in addition to English: Tamil, Spanish, French, Arabic, Hindi, Malaysian, Cantonese, Mandarin, and Telugu.

For more information, or to make an appointment with a SRIS, P.C. attorney in Virginia, Maryland or Massachusetts, call us at 888-437-7747 or fill out our on-line form.

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MASSACHUSETTS SEX CRIMES DEFENSE ATTORNEYS

DEFEND CLIENTS CHARGED WITH SEX OFFENSES IN MASSACHUSETTS

The following are some of the sex crimes, the Massachusetts sex offense defense lawyers at SRIS, P.C. regularly represent their clients who are charged with:

• Sexual assault in Massachusetts
• Possession or distribution of child pornography in Massachusetts
• Human trafficking for sex in Massachusetts
• Internet Sex Crimes against minors in Massachusetts

We have an office in Boston, Massachusetts to better serve you. Contact a SRIS, P.C. Massachusetts sex crimes defense lawyer by e-mail, contact us on line or call toll-free: 888-437-7747

To obtain a general overview of sex offense or sex crime defense, please click here.

To learn more about the laws pertaining to sex offense or sex crime defense in Virginia or Maryland, please click on the state.

Leave no stone unturned to avoid CONVICTION

The Massachusetts Courts are sentencing individuals convicted of a sex crimes. A conviction of a sex crime is only the beginning. Next comes, more often than not, a lengthy period of incarceration. After you are released from prison, you will be required to register as a sex offender for the rest of your life.

At the Law Offices of SRIS, P.C., our very first step is to discuss with you, your options. We will first and foremost work towards proving your innocence. We will also consider what steps can be taken to portray you in the best light possible to the Massachusetts Courts and to the public. We will encourage you to seek treatment if we think that will assist in your defense. The Massachusetts sex offense attorneys work closely with sex offender therapists to uncover any mitigating factors on behalf of our clients.

Global Sex Crimes Prosecution In Massachusetts.

Thanks to the internet, the world is getting smaller by the day. The trafficking of women for sex or servitude and trafficking of children is more aggressively prosecuted now more than ever. Business that are engaging in internet advertising of mail order brides are now being target by both the federal and Massachusetts State government. The prosecution is actively targeting any business they believe are engaging in sex slavery.

Also, the proliferation of child pornography images over the internet is a major concern for both the Massachusetts federal prosecutors and Massachusetts State prosecutors. Therefore, it is critical to retain a sex crimes attorney who is competent and knowledgeable about computers and the internet.

BOSTON, MASSACHUSETTS OFFICE:
101 Federal Street, Suite 1900
Boston, Massachusetts 02110
Phone: 888-437-7747

The following are some of the Sex Offense Laws in the State of Massachusetts. Click on any one of these topics to learn more about them.

SEX OFFENSE LAWS

• Adultery
• Polygamy
• Open and gross lewdness and lascivious behavior
• Incestuous marriage or sexual activities
• Fornication
• Matter harmful to minors, dissemination; possession; defenses
• Dissemination or possession of obscene matter; punishment; defense
• Posing or exhibiting child in state of nudity or sexual conduct; punishment
• Dissemination of visual material of child in state of nudity or sexual conduct; punishment
• Knowing purchase or possession of visual material of child depicted in sexual conduct; punishment
• Injunctive relief against dissemination of obscene matter; jurisdiction; procedures; appeal
• Dissemination of visual material of child in state of nudity or sexual conduct; injunction; jurisdiction
• Definitions
• Crime against nature
• Unnatural and lascivious acts
• Unnatural and lascivious acts with child under 16

MA Code Section 14. Adultery (top)

Section 14. A married person who has sexual intercourse with a person not his spouse or an unmarried person who has sexual intercourse with a married person shall be guilty of adultery and shall be punished by imprisonment in the state prison for not more than three years or in jail for not more than two years or by a fine of not more than five hundred dollars.

MA Code Section 15. Polygamy (top)

Section 15. Whoever, having a former husband or wife living, marries another person or continues to cohabit with a second husband or wife in the commonwealth shall be guilty of polygamy, and be punished by imprisonment in the state prison for not more than five years or in jail for not more than two and one half years or by a fine of not more than five hundred dollars; but this section shall not apply to a person whose husband or wife has continually remained beyond sea, or has voluntarily withdrawn from the other and remained absent, for seven consecutive years, the party marrying again not knowing the other to be living within that time, nor to a person who has been legally divorced from the bonds of matrimony.

MA Code Section 16. Open and gross lewdness and lascivious behavior (top)

Section 16. A man or woman, married or unmarried, who is guilty of open and gross lewdness and lascivious behavior, shall be punished by imprisonment in the state prison for not more than three years or in jail for not more than two years or by a fine of not more than three hundred dollars.

MA Code Section 17. Incestuous marriage or sexual activities (top)

Section 17. Persons within degrees of consanguinity within which marriages are prohibited or declared by law to be incestuous and void, who intermarry or have sexual intercourse with each other, or who engage in sexual activities with each other, including but not limited to, oral or anal intercourse, fellatio, cunnilingus, or other penetration of a part of a person’s body, or insertion of an object into the genital or anal opening of another person’s body, or the manual manipulation of the genitalia of another person’s body, shall be punished by imprisonment in the state prison for not more than 20 years or in the house of correction for not more than 21/2 years.

MA Code Section 18. Fornication (top)

Section 18. Whoever commits fornication shall be punished by imprisonment for not more than three months or by a fine of not more than thirty dollars.

MA Code Section 28. Matter harmful to minors, dissemination; possession; defenses (top)

Section 28. Whoever disseminates to a minor any matter harmful to minors, as defined in section thirty-one, knowing it to be harmful to minors, or has in his possession any such matter with the intent to disseminate the same to minors, shall be punished by imprisonment in the state prison for not more than five years or in a jail or house of correction for not more than two and one-half years, or by a fine of not less than one thousand nor more than ten thousand dollars for the first offense, not less than five thousand nor more than twenty thousand dollars for the second offense, or not less than ten thousand nor more than thirty thousand dollars for the third and subsequent offenses, or by both such fine and imprisonment. A prosecution commenced under this section shall not be continued without a finding nor placed on file. It shall be a defense in any prosecution under this section that the defendant was in a parental or guardianship relationship with the minor. It shall also be a defense in any prosecution under this section if the evidence proves that the defendant was a bona fide school, museum or library, or was acting in the course of his employment as an employee of such organization or of a retail outlet affiliated with and serving the educational purpose of such organization.

MA Code Section 29. Dissemination or possession of obscene matter; punishment; defense (top)

Section 29. Whoever disseminates any matter which is obscene, knowing it to be obscene, or whoever has in his possession any matter which is obscene, knowing it to be obscene, with the intent to disseminate the same, shall be punished by imprisonment in the state prison for not more than five years or in a jail or house of correction for not more than two and one-half years or by a fine of not less than one thousand nor more than ten thousand dollars for the first offense, not less than five thousand nor more than twenty thousand dollars for the second offense, or not less than ten thousand nor more than thirty thousand dollars for the third and subsequent offenses, or by both such fine and imprisonment. A prosecution commenced under this section shall not be continued without a finding nor placed on file. It shall be a defense under this section if the evidence proves that the defendant was a bona fide school, museum or library, or was acting in the course of his employment as an employee of such organization or of a retail outlet affiliated with and serving the educational purpose of such organization.

MA Code Section 29A. Posing or exhibiting child in state of nudity or sexual conduct; punishment (top)

Section 29A. (a) Whoever, either with knowledge that a person is a child under eighteen years of age or while in possession of such facts that he should have reason to know that such person is a child under eighteen years of age, and with lascivious intent, hires, coerces, solicits or entices, employs, procures, uses, causes, encourages, or knowingly permits such child to pose or be exhibited in a state of nudity, for the purpose of representation or reproduction in any visual material, shall be punished by imprisonment in the state prison for a term of not less than ten nor more than twenty years, or by a fine of not less than ten thousand nor more than fifty thousand dollars, or by both such fine and imprisonment.
(b) Whoever, either with knowledge that a person is a child under eighteen years of age or while in possession of such facts that he should have reason to know that such person is a child under eighteen years of age, hires, coerces, solicits or entices, employs, procures, uses, causes, encourages, or knowingly permits such child to participate or engage in any act that depicts, describes, or represents sexual conduct for the purpose of representation or reproduction in any visual material, or to engage in any live performance involving sexual conduct, shall be punished by imprisonment in the state prison for a term of not less than ten nor more than twenty years, or by a fine of not less than ten thousand nor more than fifty thousand dollars, or by both such fine and imprisonment.
(c) In a prosecution under this section, a minor shall be deemed incapable of consenting to any conduct of the defendant for which said defendant is being prosecuted.
(d) For the purposes of this section, the determination whether the person in any visual material prohibited hereunder is under eighteen years of age may be made by the personal testimony of such person, by the testimony of a person who produced, processed, published, printed or manufactured such visual material that the child therein was known to him to be under eighteen years of age, or by expert medical testimony as to the age of the person based upon the person’s physical appearance, by inspection of the visual material, or by any other method authorized by any general or special law or by any applicable rule of evidence.

MA Code Section 29B. Dissemination of visual material of child in state of nudity or sexual conduct; punishment (top)

Section 29B. (a) Whoever, with lascivious intent, disseminates any visual material that contains a representation or reproduction of any posture or exhibition in a state of nudity involving the use of a child who is under eighteen years of age, knowing the contents of such visual material or having sufficient facts in his possession to have knowledge of the contents thereof, or has in his possession any such visual material knowing the contents or having sufficient facts in his possession to have knowledge of the contents thereof, with the intent to disseminate the same, shall be punished in the state prison for a term of not less than ten nor more than twenty years or by a fine of not less than ten thousand nor more than fifty thousand dollars or three times the monetary value of any economic gain derived from said dissemination, whichever is greater, or by both such fine and imprisonment.
(b) Whoever with lascivious intent disseminates any visual material that contains a representation or reproduction of any act that depicts, describes, or represents sexual conduct participated or engaged in by a child who is under eighteen years of age, knowing the contents of such visual material or having sufficient facts in his possession to have knowledge of the contents thereof, or whoever has in his possession any such visual material knowing the contents or having sufficient facts in his possession to have knowledge of the contents thereof, with the intent to disseminate the same, shall be punished in the state prison for a term of not less than ten nor more than twenty years or by a fine of not less than ten thousand nor more than fifty thousand dollars or three times the monetary value of any economic gain derived from said dissemination, whichever is greater, or by both such fine and imprisonment.
(c) For the purposes of this section, the determination whether the child in any visual material prohibited hereunder is under eighteen years of age may be made by the personal testimony of such child, by the testimony of a person who produced, processed, published, printed or manufactured such visual material that the child therein was known to him to be under eighteen years of age, by testimony of a person who observed the visual material, or by expert medical testimony as to the age of the child based upon the child’s physical appearance, by inspection of the visual material, or by any other method authorized by any general or special law or by any applicable rule of evidence.
(d) In a prosecution under this section, a minor shall be deemed incapable of consenting to any conduct of the defendant for which said defendant is being prosecuted.
(e) Pursuant to this section, proof that dissemination of any visual material that contains a representation or reproduction of sexual conduct or of any posture or exhibition in a state of nudity involving the use of a child who is under eighteen years of age was for a bona fide scientific, medical, or educational purpose for a bona fide school, museum, or library may be considered as evidence of a lack of lascivious intent.

MA Code Section 29C. Knowing purchase or possession of visual material of child depicted in sexual conduct; punishment (top)

Section 29C. Whoever knowingly purchases or possesses a negative, slide, book, magazine, film, videotape, photograph or other similar visual reproduction, or depiction by computer, of any child whom the person knows or reasonably should know to be under the age of 18 years of age and such child is:
(i) actually or by simulation engaged in any act of sexual intercourse with any person or animal;
(ii) actually or by simulation engaged in any act of sexual contact involving the sex organs of the child and the mouth, anus or sex organs of the child and the sex organs of another person or animal;
(iii) actually or by simulation engaged in any act of masturbation;
(iv) actually or by simulation portrayed as being the object of, or otherwise engaged in, any act of lewd fondling, touching, or caressing involving another person or animal;
(v) actually or by simulation engaged in any act of excretion or urination within a sexual context;
(vi) actually or by simulation portrayed or depicted as bound, fettered, or subject to sadistic, masochistic, or sadomasochistic abuse in any sexual context; or
(vii) depicted or portrayed in any pose, posture or setting involving a lewd exhibition of the unclothed genitals, pubic area, buttocks or, if such person is female, a fully or partially developed breast of the child; with knowledge of the nature or content thereof shall be punished by imprisonment in the state prison for not more than five years or in a jail or house of correction for not more than two and one-half years or by a fine of not less than $1,000 nor more than $10,000, or by both such fine and imprisonment for the first offense, not less than five years in a state prison or by a fine of not less than $5,000 nor more than $20,000, or by both such fine and imprisonment for the second offense, not less than 10 years in a state prison or by a fine of not less than $10,000 nor more than $30,000, or by both such fine and imprisonment for the third and subsequent offenses.
A prosecution commenced under this section shall not be continued without a finding nor placed on file.
The provisions of this section shall not apply to a law enforcement officer, licensed physician, licensed psychologist, attorney or officer of the court who is in possession of such materials in the lawful performance of his official duty. Nor shall the provisions of this section apply to an employee of a bona fide enterprise, the purpose of which enterprise is to filter or otherwise restrict access to such materials, who possesses examples of computer depictions of such material for the purposes of furthering the legitimate goals of such enterprise.

MA Code Section 30. Injunctive relief against dissemination of obscene matter; jurisdiction; procedures; appeal (top)

Section 30. The superior court shall have jurisdiction to enjoin the dissemination of any matter which is obscene. The attorney general or a district attorney within his district may request an injunction against any person, firm, or corporation which disseminates or is about to disseminate any matter which is obscene.
The person, firm, or corporation sought to be enjoined shall be entitled to a trial on the merits within one day after filing of responsive pleadings and a decision shall be rendered by the court within two days of the conclusion of the trial.
A justice of the superior court may issue a preliminary injunction pending the trial on the merits against such person, firm, or corporation which disseminates or is about to disseminate any matter which is obscene.
No preliminary injunction shall be issued without notice to the adverse party.
In any action brought as herein provided the attorney general or a district attorney shall not be required to furnish security before the issuance of any injunction provided for in this section and neither the commonwealth nor any county, shall be liable for costs or for damages sustained by reason of the injunction in cases where judgment is rendered in favor of the person, firm, or corporation sought to be enjoined.
If the court finds that the person, firm, or corporation is disseminating or is about to disseminate any obscene matter, it shall issue a permanent injunction prohibiting the dissemination of that matter. The court’s order shall direct the person, firm or corporation to surrender to a sheriff or a police officer the matter found obscene and a sheriff or police officer shall be directed to seize and destroy the same.
Appeals shall be as otherwise provided by law in civil proceedings, but any party or intervenor shall have the right to an expedited appeal to the appeals court.
The procedures set forth in this section are in addition to criminal proceedings initiated under any provisions of the General Laws, and not a condition precedent thereto.

MA Code Section 30D. Dissemination of visual material of child in state of nudity or sexual conduct; injunction; jurisdiction (top)

Section 30D. The superior court shall also have jurisdiction to enjoin the dissemination of any visual material that contains a representation or reproduction of any posture or exhibition in a state of nudity or of any act that depicts, describes, or represents sexual conduct participated or engaged in by a child who is under eighteen years of age. The procedures for issuance of such injunction shall be the same as those provided in section thirty, and are in addition to other criminal proceedings initiated under any provisions of the General Laws, and not a condition precedent thereto.

MA Code Section 31. Definitions (top)

Section 31. As used in sections twenty-eight, twenty-eight C, twenty-eight D, twenty-eight E, twenty-nine, twenty-nine A, twenty-nine B, thirty and thirty D, the following words shall, unless the context requires otherwise, have the following meanings:—
“Disseminate”, to import, publish, produce, print, manufacture, distribute, sell, lease, exhibit or display.
“Harmful to minors”, matter is harmful to minors if it is obscene or, if taken as a whole, it (1) describes or represents nudity, sexual conduct or sexual excitement, so as to appeal predominantly to the prurient interest of minors; (2) is patently contrary to prevailing standards of adults in the county where the offense was committed as to suitable material for such minors; and (3) lacks serious literary, artistic, political or scientific value for minors.
“Knowing”, a general awareness of the character of the matter.
“Lascivious intent”, a state of mind in which the sexual gratification or arousal of any person is an objective. For the purposes of prosecution under this chapter, proof of lascivious intent may include, but shall not be limited to, the following:
(1) whether the circumstances include sexual behavior, sexual relations, infamous conduct of a lustful or obscene nature, deviation from accepted customs and manners, or sexually oriented displays;
(2) whether the focal point of a visual depiction is the child’s genitalia, pubic area, or breast area of a female child;
(3) whether the setting or pose of a visual depiction is generally associated with sexual activity;
(4) whether the child is depicted in an unnatural pose or inappropriate attire, considering the child’s age;
(5) whether the depiction denotes sexual suggestiveness or a willingness to engage in sexual activity;
(6) whether the depiction is of a child engaging in or being engaged in sexual conduct, including, but not limited to, sexual intercourse, unnatural sexual intercourse, bestiality, masturbation, sado-masochistic behavior, or lewd exhibition of the genitals.
“Minor”, a person under eighteen years of age.
“Nudity”, uncovered or less than opaquely covered human genitals, pubic areas, the human female breast below a point immediately above the top of the areola, or the covered male genitals in a discernibly turgid state. For purposes of this definition, a female breast is considered uncovered if the nipple or areola only are covered.
“Matter”, any handwritten or printed material, visual representation, live performance or sound recording including but not limited to, books, magazines, motion picture films, pamphlets, phonographic records, pictures, photographs, figures, statues, plays, dances.
“Performance”, any play, dance, exhibit, or such similar activity performed before one or more persons.
“Obscene”, matter is obscene if taken as a whole it
(1) appeals to the prurient interest of the average person applying the contemporary standards of the county where the offense was committed;
(2) depicts or describes sexual conduct in a patently offensive way; and
(3) lacks serious literary, artistic, political or scientific value.
“Sexual conduct”, human masturbation, sexual intercourse, actual or simulated, normal or perverted, any lewd exhibitions of the genitals, flagellation or torture in the context of a sexual relationship, any lewd touching of the genitals, pubic areas, or buttocks of the human male or female, or the breasts of the female, whether alone or between members of the same or opposite sex or between humans and animals, and any depiction or representation of excretory functions in the context of a sexual relationship. Sexual intercourse is simulated when it depicts explicit sexual intercourse which gives the appearance of the consummation of sexual intercourse, normal or perverted.
“Sexual excitement”, the condition of human male or female genitals or the breasts of the female while in a state of sexual stimulation or the sensual experiences of humans engaging in or witnessing sexual conduct or nudity.
“Visual material”, any motion picture film, picture, photograph, videotape, book, magazine, pamphlet that contains pictures, photographs or similar visual representations or reproductions, or depiction by computer. Undeveloped photographs, pictures, motion picture films, videotapes and similar visual representations or reproductions may be visual materials notwithstanding that processing, development or similar acts may be required to make the contents thereof apparent.

MA Code Section 34. Crime against nature (top)

Section 34. Whoever commits the abominable and detestable crime against nature, either witrh mankind or with a beast, shall be punished by imprisonment in the state prison for not more than twenty years.

MA Code Section 35. Unnatural and lascivious acts (top)

Section 35. Whoever commits any unnatural and lascivious act with another person shall be punished by a fine of not less than one hundred nor more than one thousand dollars or by imprisonment in the state prison for not more than five years or in jail or the house of correction for not more than two and one half years.

MA Code Section 35A. Unnatural and lascivious acts with child under 16 (top)

Section 35A. Whoever commits any unnatural and lascivious act with a child under the age of sixteen shall be punished by a fine of not less than one hundred dollars nor more than one thousand dollars or by imprisonment in the state prison for not more than five years or in jail or the house of correction for not more than two and one half years, and whoever over the age of eighteen commits a second or subsequent such offence shall be sentenced to imprisonment in the state prison for a term of not less than five years.

Our sex crimes defense attorneys and staff in Boston, Massachusetts speak the following languages in addition to English: Spanish, French, Arabic, Hindi, Tamil, Telugu, Cantonese, Mandarin & Malaysian.

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DON’T TAKE A CHANCE WITH YOUR CRIMINAL RECORD

DEFEND YOURSELF AGAINST A MISDEMEANOR CRIMINAL CHARGE

Many people think of criminal offenses defined as misdemeanors in Virginia, Maryland or Massachusetts as something with minor ramifications. They are gravely mistaken. Although misdemeanors will usually result in lesser penalties than a felony, misdemeanors are criminal offenses in Virginia, Maryland & Massachusetts. Thus if you are convicted of a misdemeanor in Virginia, Maryland or Massachusetts, you will have a criminal record. You may also be jailed for up to one year, face the potential of losing your job, losing your driver’s license among other penalties. A lot of people in the United States don’t realize that certain misdemeanors may be treated as an aggravated felony by the Bureau of Citizenship & Immigration Services (formerly known as the INS). Thus a conviction for a misdemeanor in Virginia, Maryland or Massachusetts may also result in deportation proceedings.

Don’t take a chance with your criminal record. Do your best to keep it clean. If you have been charged with a crime that is a misdemeanor in Virginia, misdemeanor in Maryland or misdemeanor in Massachusetts and you don’t want to take the chance of going to jail or possibly losing your job, hire a SRIS, P.C. Massachusetts, Maryland or Virginia criminal defense attorney. We can help. We will meet with you and discuss your options honestly. We will tell you if we think you really need to hire an attorney or not.

We have offices in Virginia, Maryland & Massachusetts.

You can make an appointment to talk with a Virginia misdemeanor defense lawyer, Maryland misdemeanor defense lawyer or Massachusetts misdemeanor defense lawyer by calling us at 888-437-7747 or contact us on our fast on line form.

Some of the different types of misdemeanor crimes are simple assault, prostitution, trespass, first offense DUI, shoplifting or minor larceny, simple possession of marijuana, telephone threats, etc.

Our misdemeanor defense attorneys and staff who defend misdemeanors in Virginia, Maryland & Massachusetts speak the following languages in addition to English: Spanish, French, Arabic, Hindi, Tamil, Telugu, Cantonese, Mandarin & Malaysian.

Our misdemeanor defense attorneys are licensed to handle misdemeanor cases in Virginia, Maryland, D.C. & Massachusetts, however we handle misdemeanor matters only in Virginia, Maryland & Massachusetts.

Please click on attorneys to learn more about the criminal defense lawyers who assist clients with misdemeanor criminal defense in Virginia, Maryland or Massachusetts.

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MARYLAND SEX CRIMES DEFENSE ATTORNEYS

DEFENDING CLIENTS CHARGED WITH SEX OFFENSES IN MARYLAND

The Maryland sex offense attorneys of SRIS, P.C., have extensive experience in sex offense cases and all other aspects of Maryland sex crimes defense.

Accused of a sex crime in Maryland? The mere accusation of a sex offense may cause your life to go into a tail spin. All of sudden, people you thought were your friends don’t really want to talk to you. Your job lets you go. They don’t tell you why. The most they are willing to tell you is that you are no longer a good fit for the employer. Now more than ever, you need to try and avoid the mere accusation of a sex crime. The first step is to not talk to the police if they want to talk to you WITHOUT A MARYLAND SEX DEFENSE ATTORNEY PRESENT. The very next step is to hire an attorney who truly does not hesitate to represent clients accused of a sex crime. That is where a SRIS, P.C. Maryland sex offense attorney comes in. We do not just pay lip service to the concept that we defend clients charged with a sex offense. We will truly work towards defending you. If your case is at the point where the police want to talk with you and you have not been charged, we will act as your shield and tell them we are your attorney AND they cannot talk to you without us being present. This will force them to talk with us and not bother you. In the event, you are charged, then the real heavy duty work begins and we will do our very best to defend you. The Maryland sex crimes lawyers of SRIS, P.C. have offices in Rockville & Baltimore to better serve you. If you wish to consult a SRIS, P.C. sex crimes lawyer, please simply contact us via email or phone. A sex crimes attorney of SRIS, P.C. will consult with you regarding your sex crime defense. For more information or to make an appointment with SRIS, P.C., please call, send an e-mail or complete the on-line form.

To obtain a general overview of sex offense crimes, please click here.

To learn more about the laws pertaining to sex offense crimes in Virginia or Massachusetts, please click on the state.

If you wish to have a better understanding of some of the sex offense laws in Maryland, please feel free to read following.

The following are some of the different types of sex offense laws you may be faced with in the state of Maryland:

Click on any one of the following terms to see how the State of Maryland defines them:

MARYLAND- SEX OFFENDERS REGISTRATION

The purpose of Subtitle 7, Title 11 of Maryland Code of Criminal Procedure is to establish the framework for the sex offender registration process and to specify the duties and responsibilities of a registrant and State and local agencies as established under Criminal Procedure, Code of Maryland.

The persons required to register with the supervising authority are, child sexual offender, an offender, a sexually violent offender, a sexually violent predator.

The section also requires the registration of non-resident offender who is

• a child sexual offender who, before moving into this State, was required to register in another state or by a federal, military, or Native American tribal court for a crime that occurred before October 1, 1995;
• an offender, sexually violent offender, or sexually violent predator who, before moving into this State, was required to register in another state or by a federal, military, or Native American tribal court for a crime that occurred before July 1, 1997; or
• a child sexual offender, offender, sexually violent offender, or sexually violent predator who is required to register in another state, who is not a resident of this State, and who enters this State:
  (i) to carry on employment;
  (ii) to attend a public or private educational institution, including a secondary school, trade or professional institution, or institution of higher education, as a full-time or part-time student; or
  (iii) as a transient.

MD Code, Criminal Procedure, § 11-701. Definitions (top)

(a) In this subtitle the following words have the meanings indicated.
(a-1) “Board ” means the Sexual Offender Advisory Board.
(b) “Child sexual offender ” means a person who:
(1) has been convicted of violating § 3-602 of the Criminal Law Article;
(2) has been convicted of violating any of the provisions of the rape or sexual offense statutes under §§ 3-303 through 3-307 of the Criminal Law Article for a crime involving a child under the age of 15 years;
(3) has been convicted of violating the fourth degree sexual offense statute under § 3-308 of the Criminal Law Article for a crime involving a child under the age of 15 years and has been ordered by the court to register under this subtitle; or
(4) has been convicted in another state or in a federal, military, or Native American tribal court of a crime that, if committed in this State, would constitute one of the crimes listed in items (1) and (2) of this subsection.
(d) “Offender ” means a person who is ordered by a court to register under this subtitle and who:
(1) has been convicted of violating § 3-503 of the Criminal Law Article;
(2) has been convicted of violating § 3-502 of the Criminal Law Article or the fourth degree sexual offense statute under § 3-308 of the Criminal Law Article, if the victim is under the age of 18 years;
(3) has been convicted of the common law crime of false imprisonment, if the victim is under the age of 18 years and the person is not the victim’s parent;
(4) has been convicted of a crime that involves soliciting a person under the age of 18 years to engage in sexual conduct;
(5) has been convicted of violating the child pornography statute under § 11-207 of the Criminal Law Article;
(6) has been convicted of violating any of the prostitution and related crimes statutes under Title 11, Subtitle 3 of the Criminal Law Article if the intended prostitute or victim is under the age of 18 years;
(7) has been convicted of a crime that involves conduct that by its nature is a sexual offense against a person under the age of 18 years;
(8) has been convicted of an attempt to commit a crime listed in items (1) through (7) of this subsection; or
(9) has been convicted in another state or in a federal, military, or Native American tribal court of a crime that, if committed in this State, would constitute one of the crimes listed in items (1) through (8) of this subsection.
(f) “Sexually violent offender ” means a person who:
(1) has been convicted of a sexually violent offense; or
(2) has been convicted of an attempt to commit a sexually violent offense.
(g) “Sexually violent offense ” means:
(1) a violation of §§ 3-303 through 3-307 or §§ 3-309 through 3-312 of the Criminal Law Article;
(2) assault with intent to commit rape in the first or second degree or a sexual offense in the first or second degree as prohibited on or before September 30, 1996, under former Article 27, § 12 of the Code; or
(3) a crime committed in another state or in a federal, military, or Native American tribal jurisdiction that, if committed in this State, would constitute one of the crimes listed in item (1) or (2) of this subsection.
(h) “Sexually violent predator ” means:
(1) a person who:
(i) is convicted of a sexually violent offense; and
(ii) has been determined in accordance with this subtitle to be at risk of committing another sexually violent offense; or
(2) a person who is or was required to register every 90 days for life under the laws of another state or a federal, military, or Native American tribal jurisdiction.
(j) “Transient ” means a nonresident registrant who enters a county of this State with the intent to be in the State or is in the State for a period exceeding 14 days or for an aggregate period exceeding 30 days during a calendar year for a purpose other than employment or to attend an educational institution.

MD Code, Criminal Procedure, § 11-704- Registration required (top)

(a) A person shall register with the person’s supervising authority if the person is:
(1) a child sexual offender;
(2) an offender;
(3) a sexually violent offender;
(4) a sexually violent predator;
(5) a child sexual offender who, before moving into this State, was required to register in another state or by a federal, military, or Native American tribal court for a crime that occurred before October 1, 1995;
(6) an offender, sexually violent offender, or sexually violent predator who, before moving into this State, was required to register in another state or by a federal, military, or Native American tribal court for a crime that occurred before July 1, 1997; or
(7) a child sexual offender, offender, sexually violent offender, or sexually violent predator who is required to register in another state, who is not a resident of this State, and who enters this State:
(i) to carry on employment;
(ii) to attend a public or private educational institution, including a secondary school, trade or professional institution, or institution of higher education, as a full-time or part-time student; or
(iii) as a transient.
(b) Notwithstanding any other provision of law, a person is no longer subject to registration under this subtitle if:
(1) the underlying conviction requiring registration is reversed, vacated, or set aside; or
(2) the registrant is pardoned for the underlying conviction.

MD Code, Criminal Procedure, § 11-702.1. Retroactive application of subtitle (top)

(a) Notwithstanding any other provision of law to the contrary, except as provided in subsection (b) of this section, this subtitle shall be applied retroactively to include a registrant convicted of an offense committed before July 1, 1997, and who is under the custody or supervision of a supervising authority on October 1, 2001.
(b) Notwithstanding any other provision of law to the contrary, this subtitle shall be applied retroactively to a child sexual offender who committed the sexual offense on or before October 1, 1995, and who is under the custody or supervision of a supervising authority on October 1, 2001.

MD Code § 11-721. Prohibited act; penalty (top)

(a) A registrant may not knowingly fail to register, knowingly fail to provide the written notice required under § 11-705(d), (e), or (f) of this subtitle, or knowingly provide false information of a material fact as required by this subtitle.
(b) A person who violates this section:
(1) for a first offense, is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $5,000 or both; and
(2) for a second or subsequent offense, is guilty of a felony and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $10,000 or both.
(c) A person who violates this section is subject to § 5-106(b) of the Courts Article.

MD Code § 11-717. Registration statements to be made available to public; posting on Internet (top)

(a)(1) The Department shall make available to the public registration statements or information about registration statements.
(2) Information about registration statements shall include, in plain language that can be understood without special knowledge of the criminal laws of the State, a description of the crime of the offender that is the basis for the registration, excluding details that would identify the victim.
(b) The Department may post on the Internet a current listing of each registrant’s name, crime, and other identifying information.
(c) The Department, through an Internet posting of current registrants, shall allow the public to electronically transmit information the public may have about a registrant to the Department, a parole agent of a registrant, and the local law enforcement unit where a registrant resides or where a registrant who is not a resident of the State will work or attend school.
(d) The Department shall allow members of the public who live in the county in which the registrant is to reside or where the registrant, if not a resident of the State, will work or attend school, by request, to receive electronic mail notification of the release from incarceration of a registered offender and the registration information of the offender.
(e) The Department shall establish regulations to carry out this section.

MD Code § 11-718. Notice to protect public (top)

(a)(1) If the Department or a local law enforcement unit finds that, to protect the public from a specific registrant, it is necessary to give notice of a registration statement or a change of address of the registrant to a particular person not otherwise identified under § 11-709 of this subtitle, then the Department or a local law enforcement unit shall give notice of the registration statement to that person.
(2) This notice is in addition to the notice required under § 11-709(b) (1) of this subtitle.
(b)(1) The Department and local law enforcement units shall establish procedures to carry out the notification requirements of this section, including the circumstances under and manner in which notification shall be provided.
(2) Appropriate notification procedures include those identified in § 11-709 of this subtitle.
(c) A local law enforcement unit and the Department may not release the identity of a victim of a crime that requires registration under this subtitle.
(d) A disclosure under this section does not limit or prohibit any other disclosure allowed or required under law.

Indecency and Obscenity

Subtitle 1. Adult Sexual Displays and Related Crimes (top)

MD Code § 11-101. Definitions

In general

(a) In this subtitle the following words have the meanings indicated.

(b) Advertising purposes (top)

(b) “Advertising purposes” means the purpose of propagandizing in connection with the commercial:
(1) sale of a product;
(2) offering of a service; or
(3) exhibition of entertainment.

Sadomasochistic abuse (top)

(c) “Sadomasochistic abuse” means:
(1) flagellation or torture committed by or inflicted on an individual who is:
(i) nude;
(ii) wearing only undergarments; or
(iii) wearing a revealing or bizarre costume; or
(2) binding, fettering, or otherwise physically restraining an individual who is:
(i) nude;
(ii) wearing only undergarments; or
(iii) wearing a revealing or bizarre costume.

Sexual conduct (top)

(d) “Sexual conduct” means:
(1) human masturbation;
(2) sexual intercourse; or
(3) whether alone or with another individual or animal, any touching of or contact with:
(i) the genitals, buttocks, or pubic areas of an individual; or
(ii) breasts of a female individual.

Sexual excitement (top)

(e) “Sexual excitement” means:
(1) the condition of the human genitals when in a state of sexual stimulation;
(2) the condition of the human female breasts when in a state of sexual stimulation; or
(3) the sensual experiences of individuals engaging in or witnessing sexual conduct or nudity.
§ 11-102. Adult sexual displays–Selling or offering to sell to minor

Prohibited

(a) A person may not knowingly sell or offer to sell to a minor:
(1) a picture, photograph, drawing, sculpture, motion picture, film, or other visual representation or image of an individual or portion of the human body that depicts sadomasochistic abuse, sexual conduct, or sexual excitement;
(2) a book, magazine, paperback, pamphlet, or other written or printed matter however reproduced, that contains:
(i) any matter enumerated in item (1) of this section;
(ii) obscene material; or
(iii) explicit verbal descriptions or narrative accounts of sadomasochistic abuse, sexual conduct, or sexual excitement; or
(3) a sound recording that contains:
(i) obscene material; or
(ii) explicit verbal descriptions or narrative accounts of sadomasochistic abuse, sexual conduct, or sexual excitement.

Penalty

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 6 months or a fine not exceeding $1,000 or both.

MD Code § 11-103. Adult sexual displays–Exhibition to minors (top)

Scope of section

(a) This section applies to a motion picture show or other presentation, whether animated or live, that wholly or partly:
(1) depicts or reveals:
(i) sadomasochistic abuse;
(ii) sexual conduct; or
(iii) sexual excitement; or
(2) includes obscene material or explicit verbal descriptions or narrative accounts of sexual conduct.

Prohibited

(b) For monetary consideration or other valuable commodity or service, a person may not knowingly:
(1) exhibit to a minor without the presence of the minor’s parent or guardian a motion picture show or other presentation described in subsection (a) of this section;
(2) sell to a minor an admission ticket or other means to gain entrance to a motion picture show or other presentation described in subsection (a) of this section; or
(3) admit a minor without the presence of the minor’s parent or guardian to premises where a motion picture show or other presentation described in subsection (a) of this section is exhibited.

Penalty

(c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 6 months or a fine not exceeding $1,000 or both.

MD Code § 11-104. Adult sexual displays–Allowing minors to enter or remain on premises (top)

Prohibited

(a) A person who operates or is employed in a sales, cashier, or managerial capacity in a retail establishment may not knowingly allow a minor without the presence of the minor’s parent or guardian to enter or remain on any premises where an item or activity detailed in § 11-102(a) of this subtitle is shown, displayed, or depicted.

Penalty

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 6 months or a fine not exceeding $1,000 or both.

MD Code § 11-104.1. Adult sexual displays–Allowing minors to enter or remain on premises; Harford and Cecil counties (top)

Prohibited

(a) In Harford County and Cecil County, a person who operates a bookstore or entertainment venue in which an item or activity described in § 11-102 or § 11-103 of this subtitle is shown, displayed, or depicted and constitutes a majority of the items or activities offered for sale or rental by the bookstore or entertainment venue:
(1) shall require each individual upon entering the premises to display a driver’s license or an identification card that substantiates the individual’s age; and
(2) may not knowingly allow a minor to remain on the premises.

Penalty

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 6 months or a fine not exceeding $1,000 or both.

MD Code § 11-105. Adult sexual displays–Displaying or allowing display for advertising purposes (top)

Prohibited–Display

(a) A person may not knowingly display for advertising purposes a picture, photograph, drawing, sculpture, or other visual representation or image of an individual or portion of a human body that:
(1) depicts sadomasochistic abuse;
(2) depicts sexual conduct;
(3) depicts sexual excitement; or
(4) contains a verbal description or narrative account of sadomasochistic abuse, sexual conduct, or sexual excitement.

Prohibited–Allowing display

(b) A person may not knowingly allow a display described in subsection (a) of this section on premises that the person owns, rents, or manages.

Penalty

(c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 6 months or a fine not exceeding $1,000 or both.

MD Code § 11-106. Adult sexual displays–Presumptions (top)

For purposes of §§ 11-101 through 11-105 of this subtitle, an employee of a person who operates premises where a public display violates this subtitle is presumed to have been the operator of the premises when the violation occurred if the employee was on the premises at the time of the violation.

§ 11-107. Indecent exposure (top)

A person convicted of indecent exposure is guilty of a misdemeanor and is subject to imprisonment not exceeding 3 years or a fine not exceeding $1,000 or both.

Subtitle 2. Obscene Matter (top)

MD Code § 11-201. Definitions

In general

(a) In this subtitle the following words have the meanings indicated.

Distribute (top)

(b) “Distribute” means to transfer possession.

Knowingly (top)

(c) “Knowingly” means having knowledge of the character and content of the matter.

Matter (top)

(d) “Matter” means:
(1) a book, magazine, newspaper, or other printed or written material;
(2) a picture, drawing, photograph, motion picture, or other pictorial representation;
(3) a statue or other figure;
(4) a recording, transcription, or mechanical, chemical, or electrical reproduction; or
(5) any other article, equipment, machine, or material.

Sadomasochistic abuse (top)

(e) “Sadomasochistic abuse” has the meaning stated in § 11-101 of this title.

Sexual conduct (top)

(f) “Sexual conduct” has the meaning stated in § 11-101 of this title.

Sexual excitement (top)

(g) “Sexual excitement” has the meaning stated in § 11-101 of this title.

MD Code § 11-202. Obscene matter–Distribution, exhibition, importation, and publication (top)

Prohibited

(a) A person may not:
(1) knowingly send or cause to be sent any obscene matter into the State for sale or distribution;
(2) knowingly bring or cause to be brought any obscene matter into the State for sale or distribution;
(3) in the State prepare, publish, print, exhibit, distribute, or offer to distribute any obscene matter; or
(4) possess any obscene matter in the State with the intent to distribute, offer to distribute, or exhibit.

Penalty

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to:
(1) for a first violation, imprisonment not exceeding 1 year or a fine not exceeding $1,000 or both; and
(2) for each subsequent violation, imprisonment not exceeding 3 years or a fine not exceeding $5,000 or both.

Injunction

(c)(1) The State’s Attorney may maintain an action for an injunction in the circuit court against a person to prevent the sale, further sale, distribution, further distribution, acquisition, publication, or possession within the State of any book, magazine, pamphlet, newspaper, story paper, writing paper, picture, card, drawing, photograph, motion picture film or showing, or any article, item, or instrument the use of which is obscene.
(2) The circuit court may enjoin the sale or distribution of a book, magazine, motion picture film or showing, or other publication or item that is prohibited under this section from sale or distribution.
(3) After being served a summons and complaint in an action by the State’s Attorney under this section, a person who sells, distributes, or acquires the enjoined material is chargeable with knowledge of the contents of the materials described in this section.
(4) The defendant is entitled to a trial of the issues within 1 day after joinder of issue.
(5) The court shall render a decision within 2 days after the conclusion of the trial.
(6) If an order or judgment is entered in favor of the State’s Attorney, the final order or judgment shall contain provisions:
(i) directing the person to surrender the obscene matter to the peace officer designated by the court or the county sheriff; and
(ii) directing the peace officer or county sheriff to seize and destroy the obscene matter.
(7) In an action brought under this section, the State’s Attorney is not:
(i) required to file a bond before an injunction order is issued;
(ii) liable for costs; or
(iii) liable for damages sustained because of the injunction order if judgment is rendered in favor of the defendant.

MD Code § 11-203. Sale or display of obscene item to minor (top)

Definitions

(a)(1) In this section the following words have the meanings indicated.
(2) “Distribute ” includes to rent.
(3) “Illicit sex ” means:
(i) human genitals in a state of sexual stimulation or arousal;
(ii) acts of human masturbation, sexual intercourse, or sodomy; or
(iii) fondling or other erotic touching of human genitals.
(4) “Item ” means a:
(i) still picture or photograph;
(ii) book, pocket book, pamphlet, or magazine;
(iii) videodisc, videotape, video game, film, or computer disc; or
(iv) recorded telephone message.
(5) “Obscene ” means:
(i) that the average adult applying contemporary community standards would find that the work, taken as a whole, appeals to the prurient interest;
(ii) that the work depicts sexual conduct specified in subsection (b) of this section in a way that is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material; and
(iii) that the work, taken as a whole, lacks serious artistic, educational, literary, political, or scientific value.
(6) “Partially nude figure ” means a figure with:
(i) less than completely and opaquely covered human genitals, pubic region, buttocks, or female breast below a point immediately above the top of the areola; or
(ii) human male genitals in a discernibly turgid state, even if completely and opaquely covered.

Prohibited

(b)(1) A person may not willfully or knowingly display or exhibit to a minor an item:
(i) the cover or content of which is principally made up of an obscene description or depiction of illicit sex; or
(ii) that consists of an obscene picture of a nude or partially nude figure.
(2) A person may not willfully or knowingly engage in the business of displaying, exhibiting, selling, showing, advertising for sale, or distributing to a minor an item:
(i) the cover or content of which is principally made up of an obscene description or depiction of illicit sex; or
(ii) that consists of an obscene picture of a nude or partially nude figure.
(3) If a newsstand or other place of business is frequented by minors, the owner, operator, franchisee, manager, or an employee with managerial responsibility may not openly and knowingly display at the place of business an item whose sale, display, exhibition, showing, or advertising is prohibited by paragraph (2) of this subsection.

Exception

(c) The provision of services or facilities by a telephone company under a tariff approved by the Public Service Commission is not a violation of subsection (b) of this section relating to recorded telephone messages.

Penalty

(d) A person who violates this section is guilty of a misdemeanor and on conviction is subject to:
(1) for a first violation, imprisonment not exceeding 1 year or a fine not exceeding $1,000 or both; and
(2) for each subsequent violation, imprisonment not exceeding 3 years or a fine not exceeding $5,000 or both.
§ 11-204. Obscene performance in certain counties

Scope of section

(a) This section applies only in Allegany, Anne Arundel, Charles, Howard, Somerset, Wicomico, and Worcester counties.

Prohibited

(b)(1) A person may not prepare, give, direct, present, perform or participate in an obscene performance, exhibition, drama, play, show, dancing exhibition, tableau, or other entertainment in which individuals perform or participate live in an obscene manner in the presence of individuals who have paid any kind of consideration to observe the exhibition or performance.
(2) An owner, lessee, or manager of a building, garden, place, room, structure, or theater may not knowingly allow or assent to the use of the premises for the types of exhibitions prohibited by paragraph (1) of this subsection.

Penalty

(c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to:
(1) for a first violation, imprisonment not exceeding 1 year or a fine not exceeding $1,000 or both; and
(2) for each subsequent violation, imprisonment not exceeding 3 years or a fine not exceeding $5,000 or both.

MD Code § 11-205. Obscene matter–Advertising (top)

Prohibited

(a) A person may not knowingly:
(1) write or create advertising or otherwise promote the sale or distribution of matter the person represents or holds out to be obscene; or
(2) solicit the publication of advertising that promotes the sale or distribution of matter the person represents or holds out to be obscene.

Penalty

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to:
(1) for a first violation, imprisonment not exceeding 1 year or a fine not exceeding $1,000 or both; and
(2) for each subsequent violation, imprisonment not exceeding 3 years or a fine not exceeding $5,000 or both.

MD Code § 11-206. Obscene matter–Requiring acceptance (top)

Prohibited

(a)(1) A person may not knowingly require a purchaser or consignee to receive obscene matter as a condition to a sale, allocation, consignment, or delivery for resale of a paper, magazine, book, periodical, publication, or other merchandise.
(2) In response to a person’s return of or failure to accept obscene matter, a person may not knowingly:
(i) deny or revoke a franchise;
(ii) threaten to deny or revoke a franchise; or
(iii) impose a financial or other penalty.

Penalty

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to:
(1) for a first violation, imprisonment not exceeding 1 year or a fine not exceeding $1,000 or both; and
(2) for each subsequent violation, imprisonment not exceeding 3 years or a fine not exceeding $5,000 or both.

MD Code § 11-207. Child pornography (top)

Prohibited

(a) A person may not:
(1) cause, induce, solicit, or knowingly allow a minor to engage as a subject in the production of obscene matter or a visual representation or performance that depicts a minor engaged as a subject in sadomasochistic abuse or sexual conduct;
(2) photograph or film a minor engaging in an obscene act, sadomasochistic abuse, or sexual conduct;
(3) use a computer to depict or describe a minor engaging in an obscene act, sadomasochistic abuse, or sexual conduct;
(4) knowingly promote, distribute, or possess with the intent to distribute any matter, visual representation, or performance that depicts a minor engaged as a subject in sadomasochistic abuse or sexual conduct; or
(5) use a computer to knowingly compile, enter, transmit, make, print, publish, reproduce, cause, allow, buy, sell, receive, exchange, or disseminate any notice, statement, advertisement, or minor’s name, telephone number, place of residence, physical characteristics, or other descriptive or identifying information for the purpose of engaging in, facilitating, encouraging, offering, or soliciting unlawful sadomasochistic abuse or sexual conduct of or with a minor.

Penalty
(b) A person who violates this section is guilty of a felony and on conviction is subject to:
(1) for a first violation, imprisonment not exceeding 10 years or a fine not exceeding $25,000 or both; and
(2) for each subsequent violation, imprisonment not exceeding 20 years or a fine not exceeding $50,000 or both.

Evidence

(c)(1)(i) This paragraph applies only if the minor’s identity is unknown or the minor is outside the jurisdiction of the State.
(ii) In an action brought under this section, the State is not required to identify or produce testimony from the minor who is depicted in the obscene matter or in any visual representation or performance that depicts the minor engaged as a subject in sadomasochistic abuse or sexual conduct.
(2) The trier of fact may determine whether an individual who is depicted in an obscene matter, or any visual representation or performance as the subject in sadomasochistic abuse or sexual conduct, was a minor by:
(i) observation of the matter depicting the individual;
(ii) oral testimony by a witness to the production of the matter, representation, or performance;
(iii) expert medical testimony; or
(iv) any other method authorized by an applicable provision of law or rule of evidence.

MD Code § 11-208. Possession of visual representation of child under 16 engaged in certain sexual acts (top)

Prohibited

(a) A person may not knowingly possess a film, videotape, photograph, or other visual representation depicting an individual under the age of 16 years:
(1) engaged as a subject of sadomasochistic abuse;
(2) engaged in sexual conduct; or
(3) in a state of sexual excitement.

Penalty

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to:
(1) for a first violation, imprisonment not exceeding 1 year or a fine not exceeding $2,500 or both; and
(2) for each subsequent violation, imprisonment not exceeding 2 years or a fine not exceeding $5,000 or both.

Exemption

(c) Nothing in this section may be construed to prohibit a parent from possessing visual representations of the parent’s own child in the nude unless the visual representations depict the child engaged:
(1) as a subject of sadomasochistic abuse; or
(2) in sexual conduct and in a state of sexual excitement.
§ 11-208.1. Interactive computer service providers; child pornography

Definitions (top)

(a)(1) In this section the following words have the meanings indicated.
(2) “Child pornography ” means any electronic image or visual depiction that is unlawful under § 11-207 or § 11-208 of this subtitle.
(3) “Controlled or owned “, with respect to a server or other storage device, means to be entirely owned by an interactive computer service provider or to be subject to exclusive management by an interactive computer service provider by agreement or otherwise.
(4) “Interactive computer service provider ” means an entity that provides a service that provides or enables computer access via the Internet by multiple users to a computer server or similar device used for the storage of graphics, video, or images.

Duties of law enforcement officers

(b) An investigative or law enforcement officer who receives information that an item of alleged child pornography resides on a server or other storage device controlled or owned by an interactive computer service provider shall:
(1) contact the interactive computer service provider that controls or owns the server or other storage device where the item of alleged child pornography is located;
(2) inform the interactive computer service provider of the provisions of this section; and
(3) request that the interactive computer service provider voluntarily comply with this section and remove the item of alleged child pornography from its server or other storage device, if practicable, within 5 business days.

Application for court order

(c)(1) If the interactive computer service provider does not voluntarily remove the item of alleged child pornography within the time period established in subsection (b) of this section, the investigative or law enforcement officer shall apply for a court order of authorization to remove the item of alleged child pornography in accordance with Title 10, Subtitle 4 of the Courts Article.
(2) The application for a court order shall:
(i) identify the item of alleged child pornography discovered on the server or other storage device controlled or owned by an interactive computer service provider;
(ii) provide its location on the server or other storage device in the form of an Internet protocol (IP) address or uniform resource locator (URL);
(iii) state the grounds for the issuance of the order;
(iv) verify that the item of alleged child pornography resides on the server or other storage device controlled or owned by the interactive computer service provider;
(v) describe the steps taken to obtain voluntary compliance of the interactive computer service provider with this section;
(vi) inform the interactive computer service provider of its right to request a hearing on the application; and
(vii) state the name and title of the affiant.
(3) The investigative or law enforcement officer shall serve the application on the interactive computer service provider.
(4) The interactive computer service provider has the right to request a hearing before the court imposes any penalty under this section.

Court order

(d) The court shall review the application and testimony, if offered, and, upon a finding of probable cause, issue an order that:
(1) an item of child pornography resides on a server or other storage device controlled or owned by the interactive computer service provider or is accessible to persons located in the State;
(2) there is probable cause to believe that the item violates § 11-207 or § 11-208 of this subtitle;
(3) the interactive computer service provider shall remove the item residing on a server or other storage device controlled or owned by the interactive computer service provider within 5 business days after receiving the order, if practicable;
(4) failure of the interactive computer service provider to comply with the court’s order is a violation of this section;
(5) the removal of the item on the server or other storage device controlled or owned by the interactive computer service provider may not unreasonably interfere with a request by a law enforcement agency to preserve records or other evidence;
(6) the process of removal shall be conducted in a manner that prevents the removal of images, information, or data not otherwise subject to removal under this section; and
(7) provides the interactive computer service provider notice and opportunity for a hearing before the court imposes any penalty under this section.

Service of court order

(e)(1) The Office of the State’s Attorney shall serve the court’s order on the interactive computer service provider.
(2) The order shall be accompanied by:
(i) the application made under subsection (c) of this section;
(ii) notification requiring the interactive computer service provider to remove the item residing on a server or other storage device controlled or owned by the interactive computer service provider, if practicable, within 5 business days after receiving the order;
(iii) notification of the criminal penalties for failure to remove the item of child pornography;
(iv) notification of the right to appeal the court’s order; and
(v) contact information for the Office of the State’s Attorney.

Removal of child pornography

(f) An interactive computer service provider who is served with a court order under subsection (e) of this section shall remove the item of child pornography that is the subject of the order within 5 business days after receiving the court order, if practicable.

Petition for relief

(g)(1) An interactive computer service provider may petition the court for relief for cause from an order issued under subsection (d) of this section.
(2) The petition may be based on considerations of:
(i) the cost or technical feasibility of compliance with the order; or
(ii) the inability of the interactive computer service provider to comply with the order without also removing data, images, or information that are not subject to this section.

Report of child pornography

(h)(1)(i) Subject to subparagraph (ii) of this paragraph, an interactive computer service provider shall report the location of an item of child pornography to the State Police if the item of child pornography:
1. resides on a server or other storage device that is:
A. controlled or owned by the interactive computer service provider; and
B. located in the State; or
2. based on information apparent to the provider at the time of the report or discovery of an item of child pornography, pertains to a subscriber or user of the interactive computer service who resides in the State.
(ii) Subparagraph (i) of this paragraph does not apply to an interactive computer service provider if:
1. federal law expressly provides for or permits the referral of a report of an item of child pornography to a state or local law enforcement agency; and
2. the interactive computer service provider complies with the federal law.
(2) An interactive computer service provider who knowingly and willfully fails to report the information required under paragraph (1) of this subsection is guilty of a misdemeanor and on conviction is subject to:
(i) for a first violation, a fine not exceeding $5,000;
(ii) for a second violation, a fine not exceeding $20,000; and
(iii) for each subsequent violation, a fine not exceeding $30,000.

Failure to remove child pornography

(i) An interactive computer service provider who willfully violates subsection (f) of this section is guilty of a misdemeanor and on conviction is subject to:
(1) for a first violation, a fine not exceeding $5,000;
(2) for a second violation, a fine not exceeding $20,000; and
(3) for each subsequent violation, a fine not exceeding $30,000.

Venue

(j) An interactive computer service provider who willfully violates subsection (f) or (h) of this section may be prosecuted, indicted, tried, and convicted in any county in or through which:
(1) the interactive computer service provider provides access to the Internet;
(2) any communication from the interactive computer service provider traveled; or
(3) the communication from the interactive computer service provider originated or terminated.

Application of section

(k)(1) This section does not impose a duty on an interactive computer service provider actively to monitor its service or affirmatively to seek evidence of an item of child pornography on its service.
(2) This section does not apply to the interactive computer service provider’s transmission or routing of, or intermediate temporary storage or caching of, an image, information, or data that otherwise is subject to this section.

Good faith actions

(l) An interactive computer service provider may not be held liable for any action taken in good faith to comply with this section.
MD Code § 11-209. Hiring minor for prohibited purpose (top)

Prohibited

(a) A person may not hire, employ, or use an individual, if the person knows, or possesses facts under which the person should reasonably know, that the individual is a minor, to do or assist in doing an act described in § 11-203 of this subtitle.

Penalty

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to:
(1) for a first violation, imprisonment not exceeding 1 year or a fine not exceeding $1,000 or both; and
(2) for each subsequent violation, imprisonment not exceeding 3 years or a fine not exceeding $5,000 or both.

MD Code § 11-210. Exemption from subtitle (top)

Bona fide justification

(a)(1) A person having a bona fide scientific, educational, governmental, artistic, news, or other similar justification for possessing or distributing prohibited matter is not subject to the prohibitions and penalties imposed by this subtitle.
(2) A distribution made in accordance with a bona fide scientific, educational, governmental, artistic, news, or other similar justification is not subject to the prohibitions and penalties imposed by this subtitle.

Exception to justification

(b) A justification is not bona fide under this section if a reasonable person would find that a dominant purpose of the depiction of an individual under the age of 16 years engaging in sexual conduct is to arouse or gratify sexual desire in either the violator, the individual under the age of 16 years, or the viewer.

MD Code § 11-211. Destruction of obscene matter under court order (top)

When the conviction of a person for a violation of this subtitle becomes final, the court may order the destruction of any matter or advertisement that was the basis of the person’s conviction and that remains in the possession or under the control of the court, the State, or a law enforcement unit.

Subtitle 3. Sexual Crimes (top)

MD Code § 3-301. Definitions

In general

(a) In this subtitle the following words have the meanings indicated.

Mentally defective individual (top)

(b) “Mentally defective individual ” means an individual who suffers from mental retardation or a mental disorder, either of which temporarily or permanently renders the individual substantially incapable of:
(1) appraising the nature of the individual’s conduct;
(2) resisting vaginal intercourse, a sexual act, or sexual contact; or
(3) communicating unwillingness to submit to vaginal intercourse, a sexual act, or sexual contact.

Mentally incapacitated individual (top)

(c) “Mentally incapacitated individual ” means an individual who, because of the influence of a drug, narcotic, or intoxicating substance, or because of an act committed on the individual without the individual’s consent or awareness, is rendered substantially incapable of:
(1) appraising the nature of the individual’s conduct; or
(2) resisting vaginal intercourse, a sexual act, or sexual contact.

Physically helpless individual (top)

(d) “Physically helpless individual ” means an individual who:
(1) is unconscious; or
(2)(i) does not consent to vaginal intercourse, a sexual act, or sexual contact; and
(ii) is physically unable to resist, or communicate unwillingness to submit to, vaginal intercourse, a sexual act, or sexual contact.

Sexual act (top)

(e)(1) “Sexual act ” means any of the following acts, regardless of whether semen is emitted:
(i) analingus;
(ii) cunnilingus;
(iii) fellatio;
(iv) anal intercourse, including penetration, however slight, of the anus; or
(v) an act:
1. in which an object penetrates, however slightly, into another individual’s genital opening or anus; and
2. that can reasonably be construed to be for sexual arousal or gratification, or for the abuse of either party.
(2) “Sexual act” does not include:
(i) vaginal intercourse; or
(ii) an act in which an object penetrates an individual’s genital opening or anus for an accepted medical purpose.

Sexual contact (top)

(f)(1) “Sexual contact “, as used in §§ 3-307 and 3-308 of this subtitle, means an intentional touching of the victim’s or actor’s genital, anal, or other intimate area for sexual arousal or gratification, or for the abuse of either party.
(2) “Sexual contact” includes an act:
(i) in which a part of an individual’s body, except the penis, mouth, or tongue, penetrates, however slightly, into another individual’s genital opening or anus; and
(ii) that can reasonably be construed to be for sexual arousal or gratification, or for the abuse of either party.
(3) “Sexual contact” does not include:
(i) a common expression of familial or friendly affection; or
(ii) an act for an accepted medical purpose.

Vaginal intercourse (top)

(g)(1) “Vaginal intercourse ” means genital copulation, whether or not semen is emitted.
(2) “Vaginal intercourse” includes penetration, however slight, of the vagina.

MD Code § 3-302. Construction of subtitle (top)

In this subtitle an undefined word or phrase that describes an element of common-law rape retains its judicially determined meaning, except to the extent it is expressly or impliedly changed in this subtitle.

MD Code § 3-303. Rape in the first degree (top)

Prohibited–In general

(a) A person may not:
(1) engage in vaginal intercourse with another by force, or the threat of force, without the consent of the other; and
(2)(i) employ or display a dangerous weapon, or a physical object that the victim reasonably believes is a dangerous weapon;
(ii) suffocate, strangle, disfigure, or inflict serious physical injury on the victim or another in the course of committing the crime;
(iii) 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;
(iv) commit the crime while aided and abetted by another; or
(v) commit the crime in connection with a burglary in the first, second, or third degree.

Prohibited–Child kidnapping

(b) A person may not violate subsection (a) of this section while also violating § 3-503(a)(2) of this title involving a victim who is a child under the age of 16 years.

Prohibited–Children under age 13

(c) A person 18 years of age or older may not violate subsection (a) of this section involving a victim who is a child under the age of 13 years.

Penalty

(d)(1) Except as provided in paragraphs (2), (3), and (4) of this subsection, a person who violates subsection (a) of this section is guilty of the felony of rape in the first degree and on conviction is subject to imprisonment not exceeding life.
(2) A person who violates subsection (b) of this section is guilty of the felony of rape in the first degree and on conviction is subject to imprisonment not exceeding life without the possibility of parole.
(3) A person who violates this section is guilty of the felony of rape in the first degree and on conviction is subject to imprisonment not exceeding life without the possibility of parole if the defendant was previously convicted of violating this section or § 3-305 of this subtitle.
(4)(i) Subject to subparagraph (iii) of this paragraph, a person 18 years of age or older who violates subsection (c) of this section is guilty of the felony of rape in the first degree and on conviction is subject to imprisonment for not less than 25 years and not exceeding life without the possibility of parole.
(ii) A court may not suspend any part of the mandatory minimum sentence of 25 years.
(iii) If the State fails to comply with subsection (e) of this section, the mandatory minimum sentence shall not apply.

Required notice

(e) If the State intends to seek a sentence of imprisonment for life without the possibility of parole under subsection (d)(2), (3), or (4) of this section, or imprisonment for not less than 25 years under subsection (d)(4) of this section, the State shall notify the person in writing of the State’s intention at least 30 days before trial.

MD Code § 3-304. Rape in the second degree (top)

Prohibited–In general

(a) A person may not engage in vaginal intercourse with another:
(1) by force, or the threat of force, without the consent of the other;
(2) if the victim is a mentally defective individual, a mentally incapacitated individual, or a physically helpless individual, and the person performing the act knows or reasonably should know that the victim is a mentally defective individual, a mentally incapacitated individual, or a physically helpless individual; or
(3) if the victim is under the age of 14 years, and the person performing the act is at least 4 years older than the victim.

Prohibited–Children under age 13

(b) A person 18 years of age or older may not violate subsection (a)(1) or (2) of this section involving a child under the age of 13 years.

Penalty

(c)(1) Except as provided in paragraph (2) of this subsection, a person who violates subsection (a) of this section is guilty of the felony of rape in the second degree and on conviction is subject to imprisonment not exceeding 20 years.
(2)(i) Subject to subparagraph (iii) of this paragraph, a person 18 years of age or older who violates subsection (b) of this section is guilty of the felony of rape in the second degree and on conviction is subject to imprisonment for not less than 5 years and not exceeding 20 years.
(ii) A court may not suspend any part of the mandatory minimum sentence of 5 years.
(iii) If the State fails to comply with subsection (d) of this section, the mandatory minimum shall not apply.

Required notice

(d) If the State intends to seek a sentence of imprisonment for not less than 5 years under subsection (c)(2) of this section, the State shall notify the person in writing of the State’s intention at least 30 days before trial.

MD Code § 3-305. Sexual offense in the first degree (top)

Prohibited–In general

(a) A person may not:
(1) engage in a sexual act with another by force, or the threat of force, without the consent of the other; and
(2)(i) employ or display a dangerous weapon, or a physical object that the victim reasonably believes is a dangerous weapon;
(ii) suffocate, strangle, disfigure, or inflict serious physical injury on the victim or another in the course of committing the crime;
(iii) 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;
(iv) commit the crime while aided and abetted by another; or
(v) commit the crime in connection with a burglary in the first, second, or third degree.

Prohibited–Child kidnapping

(b) A person may not violate subsection (a) of this section while also violating § 3-503(a)(2) of this title involving a victim who is a child under the age of 16 years.

Prohibited–Children under age 13

(c) A person 18 years of age or older may not violate subsection (a) of this section involving a victim who is a child under the age of 13 years.

Penalty

(d)(1) Except as provided in paragraphs (2), (3), and (4) of this subsection, a person who violates subsection (a) of this section is guilty of the felony of sexual offense in the first degree and on conviction is subject to imprisonment not exceeding life.
(2) A person who violates subsection (b) of this section is guilty of the felony of sexual offense in the first degree and on conviction is subject to imprisonment not exceeding life without the possibility of parole.
(3) A person who violates this section is guilty of the felony of sexual offense in the first degree and on conviction is subject to imprisonment not exceeding life without the possibility of parole if the defendant was previously convicted of violating this section or § 3-303 of this subtitle.
(4)(i) Subject to subparagraph (iii) of this paragraph, a person 18 years of age or older who violates subsection (c) of this section is guilty of the felony of sexual offense in the first degree and on conviction is subject to imprisonment for not less than 25 years and not exceeding life without the possibility of parole.
(ii) A court may not suspend any part of the mandatory minimum sentence of 25 years.
(iii) If the State fails to comply with subsection (e) of this section, the mandatory minimum sentence shall not apply.

Required notice

(e) If the State intends to seek a sentence of imprisonment for life without the possibility of parole under subsection (d)(2), (3), or (4) of this section, or imprisonment for not less than 25 years under subsection (d)(4) of this section, the State shall notify the person in writing of the State’s intention at least 30 days before trial.

MD Code § 3-306. Sexual offense in the second degree (top)

Prohibited–In general

(a) A person may not engage in a sexual act with another:
(1) by force, or the threat of force, without the consent of the other;
(2) if the victim is a mentally defective individual, a mentally incapacitated individual, or a physically helpless individual, and the person performing the sexual act knows or reasonably should know that the victim is a mentally defective individual, a mentally incapacitated individual, or a physically helpless individual; or
(3) if the victim is under the age of 14 years, and the person performing the sexual act is at least 4 years older than the victim.

Prohibited–Children under age 13

(b) A person 18 years of age or older may not violate subsection (a)(1) or (2) of this section involving a child under the age of 13 years.

Penalty

(c)(1) Except as provided in paragraph (2) of this subsection, a person who violates this section is guilty of the felony of sexual offense in the second degree and on conviction is subject to imprisonment not exceeding 20 years.
(2)(i) Subject to subparagraph (iii) of this paragraph, a person 18 years of age or older who violates subsection (b) of this section is guilty of the felony of sexual offense in the second degree and on conviction is subject to imprisonment for not less than 5 years and not exceeding 20 years.
(ii) A court may not suspend any part of the mandatory minimum sentence of 5 years.
(iii) If the State fails to comply with subsection (d) of this section, the mandatory minimum shall not apply.

Required notice

(d) If the State intends to seek a sentence of imprisonment for not less than 5 years under subsection (c)(2) of this section, the State shall notify the person in writing of the State’s intention at least 30 days before trial.

MD Code § 3-307. Sexual offense in the third degree (top)

Prohibited

(a) A person may not:
(1)(i) engage in sexual contact with another without the consent of the other; and
(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;
(2) engage in sexual contact with another if the victim is a mentally defective 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 mentally defective 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.

Penalty

(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.

MD Code § 3-308. Sexual offense in the fourth degree (top)

“Person in a position of authority” defined

(a) In this section, “person in a position of authority”:
(1) means a person who:
(i) is at least 21 years old;
(ii) is employed as a full-time permanent employee by a public or private preschool, elementary school, or secondary school; and
(iii) because of the person’s position or occupation, exercises supervision over a minor who attends the school; and
(2) includes a principal, vice principal, teacher, or school counselor at a public or private preschool, elementary school, or secondary school.

Prohibited–In general

(b) A person may not engage in:
(1) sexual contact with another without the consent of the other;
(2) except as provided in § 3-307(a)(4) of this subtitle, a sexual act with another if the victim is 14 or 15 years old, and the person performing the sexual act is at least 4 years older than the victim; or
(3) except as provided in § 3-307(a)(5) of this subtitle, vaginal intercourse with another if the victim is 14 or 15 years old, and the person performing the act is at least 4 years older than the victim.

Prohibited–Persons in a position of authority

(c)(1) Except as provided in § 3-307(a)(4) of this subtitle or subsection (b)(2) of this section, a person in a position of authority may not engage in a sexual act or sexual contact with a minor who, at the time of the sexual act or sexual contact, is a student enrolled at a school where the person in a position of authority is employed.
(2) Except as provided in § 3-307(a)(5) of this subtitle or subsection (b)(3) of this section, a person in a position of authority may not engage in vaginal intercourse with a minor who, at the time of the vaginal intercourse, is a student enrolled at a school where the person in a position of authority is employed.

Penalty

(d)(1) Except as provided in paragraph (2) of this subsection, a person who violates this section is guilty of the misdemeanor of sexual offense in the fourth degree and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $1,000 or both.
(2)(i) On conviction of a violation of this section, a person who has been convicted on a prior occasion not arising from the same incident of a violation of §§ 3-303 through 3-312 or § 3-315 of this subtitle or § 3-602 of this title is subject to 6 imprisonment not exceeding 3 years or a fine not exceeding $1,000 or both.
(ii) If the State intends to proceed against a person under subparagraph (i) of this paragraph, it shall comply with the procedures set forth in the Maryland Rules for the indictment and trial of a subsequent offender.

MD Code § 3-309. Attempted rape in the first degree (top)

Prohibited

(a) A person may not attempt to commit rape in the first degree.

Penalty

(b) A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding life.

MD Code § 3-310. Attempted rape in the second degree (top)

Prohibited

(a) A person may not attempt to commit rape in the second degree.

Penalty

(b) A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 20 years.

MD Code § 3-311. Attempted sexual offense in the first degree (top)

Prohibited

(a) A person may not attempt to commit a sexual offense in the first degree.

Penalty

(b) A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding life.

MD Code § 3-312. Attempted sexual offense in the second degree (top)

Prohibited

(a) A person may not attempt to commit a sexual offense in the second degree.

Penalty

(b) A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 20 years.

MD Code § 3-313. Subsequent sexual offenders (top)

In general

(a) On conviction of a violation of § 3-304, § 3-306, § 3-307, § 3- 310, or § 3-312 of this subtitle, a person who has been convicted on a prior occasion not arising from the same incident of any violation of §§ 3-303 through 3-306 of this subtitle is subject to imprisonment not exceeding life.

Compliance with Maryland Rules

(b) If the State intends to proceed against a person under this section, it shall comply with the procedures set forth in the Maryland Rules for the indictment and trial of a subsequent offender.

MD Code § 3-314. Sexual conduct between correctional or juvenile justice employee and inmate or confined child (top)

Definitions

(a)(1) In this section the following words have the meanings indicated.
(2)(i) “Correctional employee ” means a:
1. correctional officer, as defined in § 8-201 of the Correctional Services Article; or
2. managing official or deputy managing official of a correctional facility.
(ii) “Correctional employee” includes a sheriff, warden, or other official who is appointed or employed to supervise a correctional facility.
(3)(i) “Inmate ” has the meaning stated in § 1-101 of this article.
(ii) “Inmate” includes an individual confined in a community adult rehabilitation center.

Prohibited–Correctional employee with inmate

(b) A correctional employee may not engage in vaginal intercourse or a sexual act with an inmate.

Prohibited–Juvenile Services employee with confined child

(c) An employee or licensee of the Department of Juvenile Services may not engage in vaginal intercourse or a sexual act with an individual confined in a child care institution licensed by the Department, a detention center for juveniles, or a facility for juveniles listed in Article 83C, § 2-117(a)(2) of the Code.

Penalty

(d) 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.

Sentencing

(e) A sentence imposed for violation of this section may be separate from and consecutive to or concurrent with a sentence for another crime under §§ 3- 303 through 3-312 of this subtitle.

MD Code § 3-315. Continuing course of conduct against child (top)

In general

(a) A person may not engage in a continuing course of conduct which includes three or more acts that would constitute violations of § 3-303, § 3-304, § 3-305, § 3-306, or § 3-307 of this subtitle over a period of 90 days or more, with a victim who is under the age of 14 years at any time during the course of conduct.

Penalty

(b)(1) A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 30 years.
(2) A sentence imposed under this section may be separate from and consecutive to or concurrent with a sentence under § 3-602 of this title.

Required number of acts

(c) In determining whether the required number of acts occurred in violation of this section, the trier of fact:
(1) must determine only that the required number of acts occurred; and
(2) need not determine which acts constitute the required number of acts.

Merger of offenses

(d)(1) A person may not be charged with a violation of § 3-303, § 3-304, § 3-305, § 3-306, or § 3-307 of this subtitle involving the same victim in the same proceeding as a violation of this section unless the other violation charged occurred outside the time period charged under this section.
(2) A person may not be charged with a violation of § 3-303, § 3-304, § 3-305, § 3-306, or § 3-307 of this subtitle involving the same victim unless the violation charged occurred outside the time period charged under this section.

MD Code § 3-316. Rape and sexual offense–Venue (top)

If a person is transported with the intent to violate a provision of §§ 3- 303 through 3-312, § 3-314, or § 3-315 of this subtitle, and the intent is followed by actual violation of a provision of §§ 3-303 through 3-312, § 3-314, or § 3-315 of this subtitle, the defendant may be tried in the appropriate court in a county where the transportation was offered, solicited, begun, continued, or ended.

MD Code § 3-317. Rape and sexual offense–Charging document (top)

Content

(a) An indictment, information, or warrant for a crime under §§ 3-303 through 3-312 or § 3-314 of this subtitle is sufficient if it substantially states:

“(name of defendant) on (date) in (county) committed a rape or sexual offense on (name of victim) in violation of (section violated) against the peace, government, and dignity of the State.”.

Bill of particulars

(b) In a case in which the general form of indictment, information, or warrant described in subsection (a) of this section is used, the defendant is entitled to a bill of particulars specifically setting forth the allegations against the defendant.

MD Code § 3-318. Rape and sexual offense–Spousal defense (top)

In general

(a) Except as provided in subsections (b) and (c) of this section, a person may not be prosecuted under § 3-303, § 3-304, § 3-307, or § 3-308 of this subtitle for a crime against a victim who was the person’s legal spouse at the time of the alleged rape or sexual offense.

Separation or use of force

(b) A person may be prosecuted under § 3-303(a), § 3-304(a)(1), or § 3-307(a)(1) of this subtitle for a crime against the person’s legal spouse if:
(1) at the time of the alleged crime the person and the person’s legal spouse have lived apart, without cohabitation and without interruption:
(i) under a written separation agreement executed by the person and the spouse; or
(ii) for at least 3 months immediately before the alleged rape or sexual offense; or
(2) the person in committing the crime uses force or threat of force and the act is without the consent of the spouse.

Limited divorce

(c) A person may be prosecuted under § 3-303, § 3-304, § 3-307, or § 3-308 of this subtitle for a crime against the person’s legal spouse if at the time of the alleged crime the person and the spouse live apart, without cohabitation and without interruption, under a decree of limited divorce.

MD Code § 3-319. Rape and sexual offense–Admissibility of evidence (top)

Reputation and opinion evidence inadmissible

(a) Evidence relating to a victim’s reputation for chastity or abstinence and opinion evidence relating to a victim’s chastity or abstinence may not be admitted in a prosecution for:
(1) a crime specified under this subtitle or a lesser included crime;
(2) the sexual abuse of a minor under § 3-602 of this title or a lesser included crime; or
(3) the sexual abuse of a vulnerable adult under § 3-604 of this title or a lesser included crime.

Specific instance evidence admissibility requirements

(b) Evidence of a specific instance of a victim’s prior sexual conduct may be admitted in a prosecution described in subsection (a) of this section only if the judge finds that:
(1) the evidence is relevant;
(2) the evidence is material to a fact in issue in the case;
(3) the inflammatory or prejudicial nature of the evidence does not outweigh its probative value; and
(4) the evidence:
(i) is of the victim’s past sexual conduct with the defendant;
(ii) is of a specific instance of sexual activity showing the source or origin of semen, pregnancy, disease, or trauma;
(iii) supports a claim that the victim has an ulterior motive to accuse the defendant of the crime; or
(iv) is offered for impeachment after the prosecutor has put the victim’s prior sexual conduct in issue.

Closed hearing

(c)(1) Evidence described in subsection (a) or (b) of this section may not be referred to in a statement to a jury or introduced in a trial unless the court has first held a closed hearing and determined that the evidence is admissible.
(2) The court may reconsider a ruling excluding the evidence and hold an additional closed hearing if new information is discovered during the course of the trial that may make the evidence admissible.

MD Code § 3-320. Rape and sexual offense–Jury instructions (top)

In a criminal prosecution under §§ 3-303 through 3-312, § 3-314, or § 3-315 of this subtitle, a judge may not instruct the jury:
(1) to examine the testimony of the prosecuting witness with caution, solely because of the nature of the charge;
(2) that the charge is easily made or difficult to disprove, solely because of the nature of the charge; or
(3) to follow another similar instruction, solely because of the nature of the charge.

MD Code § 3-321. Sodomy (top)

A person who is convicted of sodomy is guilty of a felony and is subject to imprisonment not exceeding 10 years.

MD Code § 3-322. Unnatural or perverted sexual practice (top)

Prohibited

(a) A person may not:
(1) take the sexual organ of another or of an animal in the person’s mouth;
(2) place the person’s sexual organ in the mouth of another or of an animal; or
(3) commit another unnatural or perverted sexual practice with another or with an animal.

Penalty

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $1,000 or both.

Statute of limitations and in banc review

(c) A person who violates this section is subject to § 5-106(b) of the Courts Article.

Charging document

(d) An indictment for a violation of this section:
(1) is sufficient if it states that the defendant committed an unnatural and perverted sexual practice with a person or animal as applicable; but
(2) need not state the particular:
(i) unnatural or perverted sexual practice with which the defendant is charged; or
(ii) manner in which the defendant committed the unnatural or perverted sexual practice

MD Code § 3-323. Incest (top)

Prohibited

(a) A person may not knowingly engage in vaginal intercourse with anyone whom the person may not marry under § 2-202 of the Family Law Article.

Penalty

(b) A person who violates this section is guilty of a felony and on conviction is subject to imprisonment for not less than 1 year and not exceeding 10 years.

MD Code § 3-324. Sexual solicitation of minors (top)

Definitions

(a) In this section, “ solicit” means to command, authorize, urge, entice, request, or advise a person by any means, including:
(1) in person;
(2) through an agent or agency;
(3) over the telephone;
(4) through any print medium;
(5) by mail;
(6) by computer or Internet; or
(7) by any other electronic means.

Prohibited

(b) A person may not, with the intent to commit a violation of § 3-304, § 3-306, or § 3-307 of this subtitle, knowingly solicit a minor, or a law enforcement officer posing as a minor, to engage in activities that would be unlawful for the person to engage in under § 3-304, § 3-306, or § 3- 307 of this subtitle.

Jurisdiction

(c) A violation of this section is considered to be committed in the State for purposes of determining jurisdiction if the solicitation:
(1) originated in the State; or
(2) is received in the State.

Penalty

(d) A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $25,000 or both.

MD Code § 3-602. Sexual abuse of a minor (top)

Definitions

(a)(1) In this section the following words have the meanings indicated.
(2) “Family member ” has the meaning stated in § 3-601 of this subtitle.
(3) “Household member ” has the meaning stated in § 3-601 of this subtitle.
(4)(i) “Sexual abuse ” means an act that involves sexual molestation or exploitation of a minor, whether physical injuries are sustained or not.
(ii) “Sexual abuse” includes:
1. incest;
2. rape;
3. sexual offense in any degree;
4. sodomy; and
5. unnatural or perverted sexual practices.

Prohibited

(b)(1) A parent or other person who has permanent or temporary care or custody or responsibility for the supervision of a minor may not cause sexual abuse to the minor.
(2) A household member or family member may not cause sexual abuse to a minor.

Penalty

(c) A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 25 years.

Sentencing

(d) A sentence imposed under this section may be separate from and consecutive to or concurrent with a sentence for:
(1) any crime based on the act establishing the violation of this section; or
(2) a violation of § 3-601 of this subtitle involving an act of abuse separate from sexual abuse under this section.

Our Maryland attorneys and staff speak various languages, including English, Tamil, Spanish, French, Arabic, Hindi, Cantonese, Mandarin, and Telugu.

For more information or to make an appointment with a criminal defense attorney of SRIS, P.C., please call, send an e-mail or complete the on-line form

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VIRGINIA SEX OFFENSE DEFENSE ATTORNEYS

DEFEND SEX CRIMES IN VIRGINIA

Welcome to the Virginia Sex Crimes Information Center, sponsored by SRIS, P.C. A Virginia law firm with offices in Fairfax, Fredericksburg, Lynchburg, Manassas, Richmond, Virginia Beach, Virginia, that concentrates on Virginia sex offenses. If you wish to consult a SRIS, P.C. sex offense attorney, please simply contact us via e-mail, phone, or by filling out our on-line form. A sex crimes lawyer of SRIS, P.C. will gladly consult with you regarding your matter.

To obtain a general overview of sex crime defense, please click here

To learn more about the laws pertaining to sex crime defense in Maryland or Massachusetts, please click on the state.

The following are some of the different offenses that Virginia categorizes as sex offenses:

• Fornication
• Lewd and lascivious cohabitation
• Crimes against nature; penalty
• Adultery defined; penalty
• Taking indecent liberties with children; penalties
• Indecent liberties by children; penalty
• Taking indecent liberties with child by person in custodial or supervisory relationship; penalties
• Causing or encouraging acts rendering children delinquent, abused, etc.; penalty; abandoned infant
• Production, publication, sale, possession, etc., of obscene items
• Production, publication, sale, possession with intent to distribute, financing, etc., of sexually explicit items involving children; presumption as to age; severability
• Possession of child pornography; penalty
• Use of communications systems to facilitate certain offenses involving children
• Enhanced penalties for using a computer in certain violations

VA Code § 18.2-344. Fornication (top)

Any person, not being married, who voluntarily shall have sexual intercourse with any other person, shall be guilty of fornication, punishable as a Class 4 misdemeanor.

VA Code § 18.2-345. Lewd and lascivious cohabitation (top)

If any persons, not married to each other, lewdly and lasciviously associate and cohabit together, or, whether married or not, be guilty of open and gross lewdness and lasciviousness, each of them shall be guilty of a Class 3 misdemeanor; and upon a repetition of the offense, and conviction thereof, each of them shall be guilty of a Class 1 misdemeanor.

VA Code § 18.2-361. Crimes against nature; penalty (top)

A. If any person carnally knows in any manner any brute animal, or carnally knows any male or female person by the anus or by or with the mouth, or voluntarily submits to such carnal knowledge, he or she shall be guilty of a Class 6 felony, except as provided in subsection B.
B. Any person who performs or causes to be performed cunnilingus, fellatio, anilingus or anal intercourse upon or by his daughter or granddaughter, son or grandson, brother or sister, or father or mother is guilty of a Class 5 felony. However, if a parent or grandparent commits any such act with his child or grandchild and such child or grandchild is at least 13 but less than 18 years of age at the time of the offense, such parent or grandparent is guilty of a Class 3 felony.
C. For the purposes of this section, parent includes step-parent, grandparent includes step-grandparent, child includes step-child and grandchild includes step-grandchild.

VA Code § 18.2-365. Adultery defined; penalty (top)

Any person, being married, who voluntarily shall have sexual intercourse with any person not his or her spouse shall be guilty of adultery, punishable as a Class 4 misdemeanor.

VA Code § 18.2-370. Taking indecent liberties with children; penalties (top)

A. Any person 18 years of age or over, who, with lascivious intent, knowingly and intentionally commits any of the following acts with any child under the age of 15 years is guilty of a Class 5 felony:
(1) Expose his or her sexual or genital parts to any child to whom such person is not legally married or propose that any such child expose his or her sexual or genital parts to such person; or
(2) Repealed.
(3) Propose that any such child feel or fondle the sexual or genital parts of such person or propose that such person feel or fondle the sexual or genital parts of any such child; or
(4) Propose to such child the performance of an act of sexual intercourse or any act constituting an offense under§ 18.2-361; or
(5) Entice, allure, persuade, or invite any such child to enter any vehicle, room, house, or other place, for any of the purposes set forth in the preceding subdivisions of this section.
B. Any person 18 years of age or over who, with lascivious intent, knowingly and intentionally receives money, property, or any other remuneration for allowing, encouraging, or enticing any person under the age of 18 years to perform in or be a subject of sexually explicit visual material as defined in§ 18.2-374.1 or who knowingly encourages such person to perform in or be a subject of sexually explicit material; shall be guilty of a Class 5 felony.
C. Any person who is convicted of a second or subsequent violation of this section shall be guilty of a Class 4 felony; provided that (i) the offenses were not part of a common act, transaction or scheme; (ii) the accused was at liberty as defined in§ 53.1-151 between each conviction; and (iii) it is admitted, or found by the jury or judge before whom the person is tried, that the accused was previously convicted of a violation of this section.
D. Any parent, step-parent, grandparent or step-grandparent who commits a violation of either this section or clause (v) or (vi) of subsection A of § 18.2-370.1 (i) upon his child, step-child, grandchild or step-grandchild who is at least 15 but less than 18 years of age is guilty of a Class 5 felony or (ii) upon his child, step-child, grandchild or step-grandchild less than 15 years of age is guilty of a Class 4 felony.

VA Code § 18.2-370.01. Indecent liberties by children; penalty (top)

Any child over the age of thirteen years but under the age of eighteen who, with lascivious intent, knowingly and intentionally exposes his or her sexual or genital parts to any other child under the age of fourteen years who, measured by actual dates of birth, is five or more years the accused’s junior, or proposes that any such child expose his or her sexual or genital parts to such person, shall be guilty of a Class 1 misdemeanor.

VA Code § 18.2-370.1. Taking indecent liberties with child by person in custodial or supervisory relationship; penalties (top)

A. Any person 18 years of age or older who, except as provided in§ 18.2- 370, maintains a custodial or supervisory relationship over a child under the age of 18 and is not legally married to such child and such child is not emancipated who, with lascivious intent, knowingly and intentionally (i) proposes that any such child feel or fondle the sexual or genital parts of such person or that such person feel or handle the sexual or genital parts of the child; or (ii) proposes to such child the performance of an act of sexual intercourse or any act constituting an offense under§ 18.2-361; or (iii) exposes his or her sexual or genital parts to such child; or (iv) proposes that any such child expose his or her sexual or genital parts to such person; or (v) proposes to the child that the child engage in sexual intercourse, sodomy or fondling of sexual or genital parts with another person; or (vi) sexually abuses the child as defined in§ 18.2-67.10 (6), shall be guilty of a Class 6 felony.
B. Any person who is convicted of a second or subsequent violation of this section shall be guilty of a Class 5 felony; provided that (i) the offenses were not part of a common act, transaction or scheme; (ii) the accused was at liberty as defined in§ 53.1-151 between each conviction; and (iii) it is admitted, or found by the jury or judge before whom the person is tried, that the accused was previously convicted of a violation of this section.

VA Code § 18.2-371. Causing or encouraging acts rendering children delinquent, abused, etc.; penalty; abandoned infant (top)

Any person 18 years of age or older, including the parent of any child, who (i) willfully contributes to, encourages, or causes any act, omission, or condition which renders a child delinquent, in need of services, in need of supervision, or abused or neglected as defined in§ 16.1-228, or (ii) engages in consensual sexual intercourse with a child 15 or older not his spouse, child, or grandchild, shall be guilty of a Class 1 misdemeanor. This section shall not be construed as repealing, modifying, or in any way affecting§§ 18.2- 18,18.2-19,18.2-61,18.2-63,18.2-66, and 18.2-347.
If the prosecution under this section is based solely on the accused parent having left the child at a hospital or rescue squad, it shall be an affirmative defense to prosecution of a parent under this section that such parent safely delivered the child to a hospital that provides 24-hour emergency services or to an attended rescue squad that employs emergency medical technicians, within the first 14 days of the child’s life.

VA Code § 18.2-374. Production, publication, sale, possession, etc., of obscene items (top)

It shall be unlawful for any person knowingly to:
(1) Prepare any obscene item for the purposes of sale or distribution; or
(2) Print, copy, manufacture, produce, or reproduce any obscene item for purposes of sale or distribution; or
(3) Publish, sell, rent, lend, transport in intrastate commerce, or distribute or exhibit any obscene item, or offer to do any of these things; or
(4) Have in his possession with intent to sell, rent, lend, transport, or distribute any obscene item. Possession in public or in a public place of any obscene item as defined in this article shall be deemed prima facie evidence of a violation of this section.
For the purposes of this section, “distribute” shall mean delivery in person, by mail, messenger or by any other means by which obscene items as defined in this article may pass from one person, firm or corporation to another.

VA Code § 18.2-374.1. Production, publication, sale, possession with intent to distribute, financing, etc., of sexually explicit items involving children; presumption as to age; severability (top)

A. For the purposes of this article and Article 4 (§ 18.2-362 et seq.) of this chapter, the term “sexually explicit visual material” means a picture, photograph, drawing, sculpture, motion picture film, digital image or similar visual representation which depicts sexual bestiality, a lewd exhibition of nudity, as nudity is defined in§ 18.2-390, or sexual excitement, sexual conduct or sadomasochistic abuse, as also defined in§ 18.2-390, or a book, magazine or pamphlet which contains such a visual representation. An undeveloped photograph or similar visual material may be sexually explicit material notwithstanding that processing or other acts may be required to make its sexually explicit content apparent.
B. A person shall be guilty of a Class 5 felony who:
1. Accosts, entices or solicits a person less than eighteen years of age with intent to induce or force such person to perform in or be a subject of sexually explicit visual material; or
2. Produces or makes or attempts or prepares to produce or make sexually explicit visual material which utilizes or has as a subject a person less than eighteen years of age; or
3. Who knowingly takes part in or participates in the filming, photographing or other reproduction of sexually explicit visual material by any means, including but not limited to computer-generated reproduction, which utilizes or has as a subject a person less than eighteen years of age; or
4. Sells, gives away, distributes, electronically transmits, displays with lascivious intent, purchases, or possesses with intent to sell, give away, distribute, transmit or display with lascivious intent sexually explicit visual material which utilizes or has as a subject a person less than eighteen years of age.
5. [Repealed.]
B1. [Repealed.]
C. A person shall be guilty of a Class 4 felony who knowingly finances or attempts or prepares to finance sexually explicit visual material which utilizes or has as a subject a person less than eighteen years of age.
D. For the purposes of this section a person who is depicted as or presents the appearance of being less than eighteen years of age in sexually explicit visual material is prima facie presumed to be less than eighteen years of age.
E. The provisions of this section shall be severable and, if any of its provisions shall be held unconstitutional by a court of competent jurisdiction, then the decision of such court shall not affect or impair any of the remaining provisions.

VA Code § 18.2-374.1:1. Possession of child pornography; penalty (top)

A. Any person who knowingly possesses any sexually explicit visual material utilizing or having as a subject a person less than 18 years of age shall be guilty of a Class 6 felony. However, no prosecution for possession of material prohibited by this section shall lie where the prohibited material comes into the possession of the person charged from a law-enforcement officer or law-enforcement agency.
B. The provisions of this section shall not apply to any such material which is possessed for a bona fide artistic, medical, scientific, educational, religious, governmental, judicial or other proper purpose by a physician, psychologist, sociologist, scientist, teacher, person pursuing bona fide studies or research, librarian, clergyman, attorney, judge, or other person having a proper interest in the material.
C. All sexually explicit visual material which utilizes or has as a subject a person less than 18 years of age shall be subject to lawful seizure and forfeiture pursuant to§ 19.2-386.31.
D. Any person convicted of a second or subsequent offense under this section shall be guilty of a Class 5 felony.

VA Code § 18.2-374.3. Use of communications systems to facilitate certain offenses involving children (top)

A. It shall be unlawful for any person to use a communications system, including but not limited to computers or computer networks or bulletin boards, or any other electronic means for the purposes of procuring or promoting the use of a minor for any activity in violation of§ 18.2-370 or§ 18.2- 374.1. A violation of this subsection is a Class 6 felony.
B. It shall be unlawful for any person 18 years of age or older to use a communications system, including but not limited to computers or computer networks or bulletin boards, or any other electronic means, for the purposes of soliciting any person he knows or has reason to believe is a child less than 18 years of age for (i) any activity in violation of§ 18.2-355 or§ 18.2- 361, (ii) any activity in violation of§ 18.2-374.1, (iii) a violation of§ 18.2-374.1:1, or (iv) any activity in violation of subsection A of § 18.2-370. As used in this subsection, “use a communications system” means making personal contact or direct contact through any agent or agency, any print medium, the United States mail, any common carrier or communication common carrier, any electronic communications system, or any telecommunications, wire, computer, or radio communications system. A violation of this subsection is a Class 5 felony.

VA Code § 18.2-376.1. Enhanced penalties for using a computer in certain violations (top)

Any person who uses a computer in connection with a violation of§§ 18.2- 374,18.2-375, or§ 18.2-376 is guilty of a separate and distinct Class 1 misdemeanor, and for a second or subsequent such offense within 10 years of a prior such offense is guilty of a Class 6 felony, the penalties to be imposed in addition to any other punishment otherwise prescribed for a violation of any of those sections.

The Virginia sex crimes attorneys and Law Offices of SRIS, P.C., is located in Fairfax, Lynchburg, Manassas, Richmond, and Virginia Beach but our sphere of activity is statewide.

Our Virginia sex offense attorneys and staff speak various languages, including English, Tamil, Spanish, French, Arabic, Hindi, Cantonese, Mandarin, and Telugu.

For more information or to make an appointment with SRIS, P.C.Virginia sex crimes defense lawyer, please call, send an e-mail or complete the on-line form.

We Are a Designated Debt Relief Agency under Federal Law. We Provide Legal Assistance to Consumers Seeking Relief Under the Bankruptcy Code.

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MARYLAND, MASSACHUSETTS & VIRGINIA SEX OFFENSE/CRIME ATTORNEYS

REPRESENTING CLIENTS IN STATE AND FEDERAL COURTS

Sex Crimes Defense Lawyers in Virginia, Maryland, D.C. & Massachusetts

The Maryland, Massachusetts & Virginia sex crimes defense attorneys of SRIS, P.C., have extensive experience in sex crimes cases and all other aspects of criminal sex offender defense.