Posts Tagged ‘Sex Offenses’

THE MASSACHUSETTS, MARYLAND & VIRGINIA ATTORNEYS OF SRIS, P.C.

Assisting clients in the areas of criminal/traffic law, divorce/family law, immigration, military law & bankruptcy law

Licensed in Virginia (VA), Maryland (MA), D.C. & Massachusetts (MA)

Atchuthan “Sris” Sriskandarajah is an aggressive Northern Virginia criminal attorney licensed to practice in Virginia and D.C. He has been the president and CEO of SRIS, P.C., since 1997. He has expanded the firm’s presence significantly, both in terms of recognition and quality. The firm currently has offices in Virginia, Maryland & Massachusetts. The offices in Virginia serve Northern Virginia, Central Virginia, Hampton Roads/Tidewater area & Western Virginia.  The Virginia offices are in Fairfax, Fredericksburg, Lynchburg, Manassas, Richmond, Virginia Beach. The offices in Maryland are in Rockville & Baltimore. The offices in Massachusetts are in Boston & Cambridge. Mr. Sris primarily handles criminal law matters in the areas of complex white collar crimes in both the federal and state courts, drug violations (E.x. possession with intent to distribute cocaine, marijuana, ecstasy), and sex offenses cases (E.x. rape, sexual assault, child molestation, computer sex crimes).  Mr. Sris works frequently with Mr. Block in the defense of his clients.  The combination of Mr. Sris’ prosecutorial experience with Mr. Block’s law enforcement experience is extremely beneficial to the clients of SRIS, P.C.

One of the strengths of the firm is that law firm uses a collaborative approach to ensure that each client receives the benefit of the entire firm’s combined experience.

Although, Mr. Sris is licensed in D.C., he handles cases only in the Virginia federal and state courts as a Virginia trial lawyer. His trial practice is very trial oriented and he devotes 70% of his practice to taking cases to trial. Sris’ educational background includes the Quinnipiac College School of Law in Hamden, Connecticut, and George Mason University in Fairfax, Virginia, with a Bachelor of Science in Accounting. Mr. Sris is well known for his aggressive trial skills and is not averse to applying these skills in the defense of his clients if he and the clients jointly determine it is in the client’s best interests to go to trial.

Sris’ experience as a former prosecutor for the Town of Haymarket, Virginia, benefits his defense clients.

In addition to defending clients for SRIS, P.C., Sris was also the former prosecutor for the town of Haymarket, Virginia. His first-hand experience as a prosecutor is extremely beneficial to his clients. His experience as a prosecutor helps him advise his clients who seek representation in criminal law matters of their rights and conditions that may affect their cases. Sris’ experience as a former prosecutor also help his clients in criminal law matters because he is able to advise them of the elements and evidentiary thresholds that a prosecutor must satisfy to secure a conviction. By giving criminal law clients a realistic view of their cases, Sris knows that informed clients will make sound decisions in protecting their freedom in criminal law matters.

Sris is involved with his community.

Community involvement is very important to Sris, as evidenced by his membership in two professional associations. He is an associate of the American Inns of Court – George Mason Chapter; as well as the Kiwanis Club of Manassas, VA.

He speaks both English and Tamil.

The following is a brief description about our attorneys and their practice areas.  If you wish to learn more about them, please feel free to read their biography.  Remember, if you ever need a lawyer in Virginia, lawyer in Maryland or a lawyer in Massachusetts, you can turn to the Law Offices of SRIS, P.C. for the quality of representation you are seeking.

From our Fairfax Office, Mr. Green, Mr. Sris, Mr. Moon & Mr. Wood represent clients with criminal and traffic matters (reckless driving, driving on suspended, DUI) in Northern Virginia. Ms. Hissong, Mr. Wood & Mr. Moon are the primary family law & divorce law attorneys in Northern Virginia for SRIS, P.C. They frequently represent clients with divorces and child custody cases in Northern Virginia.

Mr. Wood also assists client with military law cases throughout the US & the world.

Mr. Moon also assists clients who need assistance with getting a fresh start with their life by assisting them with Chapter 7 Bankruptcy cases.

Ms. Syriani represent clients with immigration matters throughout Virginia & Maryland.  She is also fluent in Arabic.

From our Richmond & Frdericksburg Office, Mr. Block & Mr. Combs respectively represent clients who are charged with criminal and traffic offense throughout Central Virginia & Southern Piedmont. 

Mr. Herrero assist clients throughout the Hampton Roads/Tidewater Area and Sussex, Prince George, Brunswick & Emporia (South Eastern Virginia) with criminal & traffic matters and domestic relations cases from our office in Virginia Beach.  Mr. Herrero is fluent in Spanish.

Mr. Brittle has significant experience in dealing with environmental law in Virginia, primarily as it relates to underground storage tanks. 

Mr. Mayhew represents client throughout the Shenandoah Valley, Southwest Virginia & parts of Southern Piedmont in the areas of criminal & traffic law, divorce & child custody & immigration matters from our office in Lynchburg.  Due to his close proximity to Radford, he frequently assists clients who are charged with DUI offenses in Radford, Virginia.

Ms. Michelle Campbell represent clients throughout Maryland primarily in the areas of criminal & traffic law, family law & sex crimes defense from our office in Baltimore, Maryland & Montgomery Maryland.

Ms. Kim Carnevale represent clients in Massachusetts regarding criminal defense matters, divorce & family law from our Boston, Massachusetts main office.  She also assists clients from our Cambridge, Massachusetts Office.

To view our attorneys’ background please click on the links below. If you wish to consult a SRIS, P.C. lawyer, please simply contact us via email or phone at 888-437-7747 .  An attorney of SRIS, P.C. will gladly consult with you regarding your matter.

To better serve our clients, we have offices in Virginia (VA), Maryland (MD) & Massachusetts (MA).

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

The attorneys of SRIS, P.C. are licensed to handle criminal/traffic law cases, family/divorce matters, immigration cases, administrative hearings & bankruptcy cases in Virginia, Maryland, District of Columbia & Massachusetts. However, at the present time, our lawyers represent clients only in Virginia, Maryland & Massachusetts at the present time.

The lawyers of SRIS, P.C. also represent clients before the federal courts of Virginia, Maryland & Massachusetts.

SRIS, P.C.

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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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FEDERAL CRIMINAL DEFENSE

LICENSED TO PRACTICE IN VIRGINIA, MARYLAND, DISTRICT OF COLUMBIA & MASSACHUSETTS

When you are charged with a federal offense, small or large, the stakes are high. Federal offense can result in much more harsher penalties that you could face in state court. You can be charged with a federal offense and investigated by the FBI, DEA, ICE, IRS, or any number of other Federal agencies including the Park Police if you are charged with a crime on federal property. Federal crime is an activity that has been criminalized by the US Congress. The attorneys in our firm who help defend you from federal charges know and understand the level of commitment necessary to represent you. The attorneys know how serious the penalties can be for a person charged with a federal crime.

If you have been charged with a federal crime, call us immediately so that we can advise you as to the best course of action to take. Federal Courts tend to move cases along a lot faster than most state courts do. You can contact us either via email or by phone. Because of the serious nature of federal offenses and the anxiety caused by being charged with a federal offense, we make sure you can contact us by phone between the hours of 8:30 AM and 9:00 PM EST. You can also contact us by email or our on-line form.

Currently, we have federal defense attorneys and offices in Virginia & Maryland & Massachusetts.

• In Virginia, we have offices in Fairfax, Lynchburg, Manassas, Richmond & Virginia Beach.
• In Maryland, we have offices in Rockville & Annapolis.
• In Massachusetts, we have an office in Boston.

The attorneys in our firm who assist clients charged with federal offenses don’t pretend to handle every type of federal crime. We are very specific as to what we handle and don’t handle. We only handle the following types of cases in federal court:

Traffic Offenses
Sex Offenses
Drug Crimes
Gang Defense
Firearm offenses

We help you understand your legal exposure, whether you have been the target of an FBI investigation or charged by a criminal indictment. Some things all clients who are charged with a federal offense must be aware of when hiring a lawyer are the following:

• A lawyer who is familiar with the federal rules of evidence, federal rules of criminal procedure, trial procedure, and the federal court system in general.
• A lawyer should also be familiar with federal sentencing procedures, and with the recent Supreme Court rulings which affect sentencing.
• A federal defense lawyer who is familiar with the U.S. Attorney’s office which is handling the case.

If you would like to see where the Federal courthouses are located click on the state for that Federal court.

• Virginia Federal Courthouses
• Maryland Federal Courthouses
• Massachusetts Federal Courthouses

Why hire a us?
It is highly recommended that any person hiring a lawyer to assist with federal criminal charges or grand jury proceedings retain a lawyer who has significant experience with the federal system. Federal criminal defense tends to involve cases which are more difficult to defend, and the cost of defense is often very high. The attorneys in our firm who handle federal criminal defense lawyer can help you assess the nature and purpose of the investigation, and why you are being approached. When appropriate, one of our federal criminal defense lawyers can be present during any questioning, act as an intermediary between you and the investigating authorities, or advise you to exercise your Fifth Amendment privilege against self-incrimination. If appropriate, we may be able to work out a deal where you will cooperate with the investigation, in return for more favorable treatment when the investigation is concluded. In appropriate cases your lawyer may also be able to secure a letter of declination, in which the U.S. attorney formally declines to prosecute you in relation to a particular offense or investigation also known as a Queen’s letter. There is no such thing as a highly qualified federal criminal defense lawyer who dabbles in federal court matters. If you are involved in the federal criminal system, make sure your lawyer, or at least one of the lawyers who will be serving on your defense team, has extensive experience with the defense of federal criminal charges. As previously noted, federal criminal defense tends to be very expensive. You will be paying for experience – so make sure you get it.

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

Our federal attorneys are licensed to handle cases in Virginia, Maryland, Pennsylvania & Massachusetts, however our federal attorneys handle legal matters in federal court only in Virginia, Maryland & Massachusetts.

E-MAIL, PHONE (888-437-7747), ON-LINE FORM.

Please click on attorneys to learn more about the federal criminal defense lawyers who assist clients with federal criminal offenses 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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FEDERAL SEX CRIMES DEFENSE

FEDERAL SEX OFFENSE DEFENSE IN VIRGINIA, FEDERAL SEX CRIMES DEFENSE IN MARYLAND & FEDERAL SEX CRIMES DEFENSE IN MASSACHUSETTS

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

It is important to seek a SRIS, P.C. Federal sex offense lawyer if you have been charged with a sex crime in the Virginia Federal Courts, Maryland Federal Courts & Massachusetts Federal Courts. A federal sex crime conviction carries serious consequences, but there are solutions and defenses to these federal sex offense charges.

The Federal sex crimes lawyers of SRIS, P.C. have offices in Virginia, Maryland & Massachusetts.

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

The federal sex crimes attorneys of SRIS, P.C. who represent clients charged with sex offenses in the Virginia Federal Courts, Maryland Federal Courts & Massachusetts Federal Courts have extensive experience in aggressively defending individuals charged with sex crimes in the Federal Courts of United States. If you wish to consult a SRIS, P.C. Federal sex crimes lawyer, please simply contact us via e-mail or our toll free phone number (888-437-7747). A Federal sex crime attorneys of SRIS, P.C. will gladly consult with you regarding your matter.

Our federal sex crimes attorneys and staff in Virginia, Maryland & Massachusetts speak various languages, including English, Tamil, Spanish, French, Arabic, Arabic, Hindi, Cantonese, Mandarin, and Telugu.

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

The attorneys of SRIS, P.C. handle Federal cases in the following courthouses:

• The Virginia Federal Courthouses
• The Maryland Federal Courthouses
• The Massachusetts Federal Courthouses

If you would like to have further information on some of the Federal Sex Offense Laws, please feel free to read the following:

The Federal sex offense law lawyers at the Virginia, Maryland and Massachusetts offices of SRIS, P.C., represent and defend clients in a wide range of sexual offense law cases, including: rape, child molestation, solicitation of a minor through the internet, date rape, FMS (False Memory Syndrome), indecent exposure, Münchhausen’s Syndrome by Proxy, sex offender registration, possession of child pornography, sexual battery, lewd conduct, spousal rape, and statutory rape, indecent liberties with a minor & internet sex crimes.

Federal Sex offense laws

Child molestation (top)

“child” means a person below the age of fourteen, and “offense of child molestation” means a crime under Federal law or the law of a State (as defined in section 513 of title 18, United States Code) that involved–

(1) any conduct proscribed by chapter 109A of title 18, United States Code, that was committed in relation to a child;
(2) any conduct proscribed by chapter 110 of title 18, United States Code;
(3) contact between any part of the defendant’s body or an object and the genitals or anus of a child;
(4) contact between the genitals or anus of the defendant and any part of the body of a child;
(5) deriving sexual pleasure or gratification from the infliction of death, bodily injury, or physical pain on a child; or
(6) an attempt or conspiracy to engage in conduct described in paragraphs (1)-(5).

Sex offender registration (top)

42 U.S.C.A. § 16911

(9) Sex offender registry
The term “sex offender registry” means a registry of sex offenders, and a notification program, maintained by a jurisdiction.

§ 16917. Duty to notify sex offenders of registration requirements and to register (top)

(a) In general
An appropriate official shall, shortly before release of the sex offender from custody, or, if the sex offender is not in custody, immediately after the sentencing of the sex offender, for the offense giving rise to the duty to register–
(1) Inform the sex offender of the duties of a sex offender under this title and explain those duties;
(2) Require the sex offender to read and sign a form stating that the duty to register has been explained and that the sex offender understands the registration requirement; and
(3) Ensure that the sex offender is registered.
(b) Notification of sex offenders who cannot comply with subsection (a) of this section
The Attorney General shall prescribe rules for the notification of sex offenders who cannot be registered in accordance with subsection (a) of this section.

§ 14072

a) Definitions
For purposes of this section–
(1) The term “FBI” means the Federal Bureau of Investigation;
(2) the terms “criminal offense against a victim who is a minor”, “sexually violent offense”, “sexually violent predator”, “mental abnormality”, “predatory”, “employed, carries on a vocation”, and “student” have the same meanings as in section 14071 (a)(3) of this title; and
(3) The term “minimally sufficient sexual offender registration program” means any State sexual offender registration program that–
(A) requires the registration of each offender who is convicted of an offense in a range of offenses specified by State law which is comparable to or exceeds that described in subparagraph (A) or (B) of section 14071 (a)(1) of this title;
(B) participates in the national database established under subsection (b) of this section in conformity with guidelines issued by the Attorney General;
(C) Provides for verification of address at least annually; [1]
(D) requires that each person who is required to register under subparagraph (A) shall do so for a period of not less than 10 years beginning on the date that such person was released from prison or placed on parole, supervised release, or probation.

Statutory rape (top)

Statutory rape is the crime of sex with a minor under the age of consent (AOC). Statutory rape differs from other types of rape in that overt force or threat need not be present. By law (statute), any such sexual activity is assumed to be coercive since the minor is considered in law as unable to give consent to the acts

18 U.S.C.A. § 1461
§ 1461. Mailing obscene or crime-inciting matter (top)

Every obscene, lewd, lascivious, indecent, filthy or vile article, matter, thing, device, or substance; and–
Every article or thing designed, adapted, or intended for producing abortion, or for any indecent or immoral use; and
Every article, instrument, substance, drug, medicine, or thing which is advertised or described in a manner calculated to lead another to use or apply it for producing abortion, or for any indecent or immoral purpose; and
Every written or printed card, letter, circular, book, pamphlet, advertisement, or notice of any kind giving information, directly or indirectly, where, or how, or from whom, or by what means any of such mentioned matters, articles, or things may be obtained or made, or where or by whom any act or operation of any kind for the procuring or producing of abortion will be done or performed, or how or by what means abortion may be produced, whether sealed or unsealed; and
Every paper, writing, advertisement, or representation that any article, instrument, substance, drug, medicine, or thing may, or can, be used or applied for producing abortion, or for any indecent or immoral purpose; and
Every description calculated to induce or incite a person to so use or apply any such article, instrument, substance, drug, medicine, or thing–
Is declared to be non mailable matter and shall not be conveyed in the mails or delivered from any post office or by any letter carrier.
Whoever knowingly uses the mails for the mailing, carriage in the mails, or delivery of anything declared by this section or section 3001(e) of title 39 to be non mailable, or knowingly causes to be delivered by mail according to the direction thereon, or at the place at which it is directed to be delivered by the person to whom it is addressed, or knowingly takes any such thing from the mails for the purpose of circulating or disposing thereof, or of aiding in the circulation or disposition thereof, shall be fined under this title or imprisoned not more than five years, or both, for the first such offense, and shall be fined under this title or imprisoned not more than ten years, or both, for each such offense thereafter.
The term “indecent”, as used in this section includes matter of a character tending to incite arson, murder, or assassination.

18 U.S.C.A § 2251 –Sexual exploitation of children (top)

(a) Any person who employs, uses, persuades, induces, entices, or coerces any minor to engage in, or who has a minor assist any other person to engage in, or who transports any minor in interstate or foreign commerce, or in any Territory or Possession of the United States, with the intent that such minor engage in, any sexually explicit conduct for the purpose of producing any visual depiction of such conduct, shall be punished as provided under subsection (e), if such person knows or has reason to know that such visual depiction will be transported in interstate or foreign commerce or mailed, if that visual depiction was produced using materials that have been mailed, shipped, or transported in interstate or foreign commerce by any means, including by computer, or if such visual depiction has actually been transported in interstate or foreign commerce or mailed.
(b) Any parent, legal guardian, or person having custody or control of a minor who knowingly permits such minor to engage in, or to assist any other person to engage in, sexually explicit conduct for the purpose of producing any visual depiction of such conduct shall be punished as provided under subsection (e) of this section, if such parent, legal guardian, or person knows or has reason to know that such visual depiction will be transported in interstate or foreign commerce or mailed, if that visual depiction was produced using materials that have been mailed, shipped, or transported in interstate or foreign commerce by any means, including by computer, or if such visual depiction has actually been transported in interstate or foreign commerce or mailed.
(c)(1) Any person who, in a circumstance described in paragraph (2), employs, uses, persuades, induces, entices, or coerces any minor to engage in, or who has a minor assist any other person to engage in, any sexually explicit conduct outside of the United States, its territories or possessions, for the purpose of producing any visual depiction of such conduct, shall be punished as provided under subsection (e).
(2) The circumstance referred to in paragraph (1) is that–
(A) the person intends such visual depiction to be transported to the United States, its territories or possessions, by any means, including by computer or mail; or
(B) the person transports such visual depiction to the United States, its territories or possessions, by any means, including by computer or mail.
(d)(1) Any person who, in a circumstance described in paragraph (2), knowingly makes, prints, or publishes, or causes to be made, printed, or published, any notice or advertisement seeking or offering–
(A) to receive, exchange, buy, produce, display, distribute, or reproduce, any visual depiction, if the production of such visual depiction involves the use of a minor engaging in sexually explicit conduct and such visual depiction is of such conduct; or
(B) participation in any act of sexually explicit conduct by or with any minor for the purpose of producing a visual depiction of such conduct:
shall be punished as provided under subsection (e).
(2) The circumstance referred to in paragraph (1) is that–
(A) such person knows or has reason to know that such notice or advertisement will be transported in interstate or foreign commerce by any means including by computer or mailed; or
(B) such notice or advertisement is transported in interstate or foreign commerce by any means including by computer or mailed.
(e) Any individual who violates, or attempts or conspires to violate, this section shall be fined under this title and imprisoned not less than 15 years nor more than 30 years, but if such person has one prior conviction under this chapter, section 1591, chapter 71, chapter 109A, or chapter 117, or under section 920 of title 10 (article 120 of the Uniform Code of Military Justice), or under the laws of any State relating to aggravated sexual abuse, sexual abuse, abusive sexual contact involving a minor or ward, or sex trafficking of children, or the production, possession, receipt, mailing, sale, distribution, shipment, or transportation of child pornography, such person shall be fined under this title and imprisoned for not less than 25 years nor more than 50 years, but if such person has 2 or more prior convictions under this chapter, chapter 71, chapter 109A, or chapter 117, or under section 920 of title 10 (article 120 of the Uniform Code of Military Justice), or under the laws of any State relating to the sexual exploitation of children, such person shall be fined under this title and imprisoned not less than 35 years nor more than life. Any organization that violates, or attempts or conspires to violate, this section shall be fined under this title. Whoever, in the course of an offense under this section, engages in conduct that results in the death of a person shall be punished by death or imprisoned for not less than 30 years or for life.
Possession of child pornography,

The illegal production, transportation, distribution, receipt, advertising and possession of child pornography, as defined in section 2256(8) of title 18, United States Code, as well as the transfer of custody of children for the production of child pornography, is harmful to the physiological, emotional, and mental health of the children depicted in child pornography and has a substantial and detrimental effect on society as a whole.

Section 2256(8) of title 18, United States Code (top)

(8) “child pornography” means any visual depiction, including any photograph, film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct, where-

(A) The production of such visual depiction involves the use of a minor engaging in sexually explicit conduct;
(B) such visual depiction is a digital image, computer image, or computer-generated image that is, or is indistinguishable from, that of a minor engaging in sexually explicit conduct; or
(C) Such visual depiction has been created, adapted, or modified to appear that an identifiable minor is engaging in sexually explicit conduct.
(D) Repealed. Pub.L. 108-21, Title V, § 502(a)(3), Apr. 30, 2003, 117 Stat. 678]

18 U.S.C.A. § 2252A § 2252A. Certain activities relating to material constituting or containing child pornography (top)

(a) Any person who–
(1) Knowingly mails, or transports or ships in interstate or foreign commerce by any means, including by computer, any child pornography;
(2) Knowingly receives or distributes–
(A) Any child pornography that has been mailed, or shipped or transported in interstate or foreign commerce by any means, including by computer; or
(B) Any material that contains child pornography that has been mailed, or shipped or transported in interstate or foreign commerce by any means, including by computer;
(3) Knowingly–
(A) Reproduces any child pornography for distribution through the mails, or in interstate or foreign commerce by any means, including by computer; or
(B) advertises, promotes, presents, distributes, or solicits through the mails, or in interstate or foreign commerce by any means, including by computer, any material or purported material in a manner that reflects the belief, or that is intended to cause another to believe, that the material or purported material is, or contains–
(i) an obscene visual depiction of a minor engaging in sexually explicit conduct; or
(ii) a visual depiction of an actual minor engaging in sexually explicit conduct;
(4) Either–
(A) in the special maritime and territorial jurisdiction of the United States, or on any land or building owned by, leased to, or otherwise used by or under the control of the United States Government, or in the Indian country (as defined in section 1151), knowingly sells or possesses with the intent to sell any child pornography; or
(B) knowingly sells or possesses with the intent to sell any child pornography that has been mailed, or shipped or transported in interstate or foreign commerce by any means, including by computer, or that was produced using materials that have been mailed, or shipped or transported in interstate or foreign commerce by any means, including by computer;
(5) Either–
(A) in the special maritime and territorial jurisdiction of the United States, or on any land or building owned by, leased to, or otherwise used by or under the control of the United States Government, or in the Indian country (as defined in section 1151), knowingly possesses any book, magazine, periodical, film, videotape, computer disk, or any other material that contains an image of child pornography; or
(B) knowingly possesses any book, magazine, periodical, film, videotape, computer disk, or any other material that contains an image of child pornography that has been mailed, or shipped or transported in interstate or foreign commerce by any means, including by computer, or that was produced using materials that have been mailed, or shipped or transported in interstate or foreign commerce by any means, including by computer; or
(6) knowingly distributes, offers, sends, or provides to a minor any visual depiction, including any photograph, film, video, picture, or computer generated image or picture, whether made or produced by electronic, mechanical, or other means, where such visual depiction is, or appears to be, of a minor engaging in sexually explicit conduct–
(A) That has been mailed, shipped, or transported in interstate or foreign commerce by any means, including by computer;
(B) that was produced using materials that have been mailed, shipped, or transported in interstate or foreign commerce by any means, including by computer; or
(C) Which distribution, offer, sending, or provision is accomplished using the mails or by transmitting or causing to be transmitted any wire communication in interstate or foreign commerce, including by computer, for purposes of inducing or persuading a minor to participate in any activity that is illegal. Shall be punished as provided in subsection (b).
(b)(1) Whoever violates, or attempts or conspires to violate, paragraph (1), (2), (3), (4), or (6) of subsection (a) shall be fined under this title and imprisoned not less than 5 years and not more than 20 years, but, if such person has a prior conviction under this chapter, section 1591, chapter 71, chapter 109A, chapter 117, or under section 920 of title 10 (article 120 of the Uniform Code of Military Justice), or under the laws of any State relating to aggravated sexual abuse, sexual abuse, or abusive sexual conduct involving a minor or ward, or the production, possession, receipt, mailing, sale, distribution, shipment, or transportation of child pornography, or sex trafficking of children, such person shall be fined under this title and imprisoned for not less than 15 years nor more than 40 years.
(2) Whoever violates, or attempts or conspires to violate, subsection (a)(5) shall be fined under this title or imprisoned not more than 10 years, or both, but, if such person has a prior conviction under this chapter, chapter 71, chapter 109A, or chapter 117, or under section 920 of title 10 (article 120 of the Uniform Code of Military Justice), or under the laws of any State relating to aggravated sexual abuse, sexual abuse, or abusive sexual conduct involving a minor or ward, or the production, possession, receipt, mailing, sale, distribution, shipment, or transportation of child pornography, such person shall be fined under this title and imprisoned for not less than 10 years nor more than 20 years.
(c) It shall be an affirmative defense to a charge of violating paragraph (1), (2), (3)(A), (4), or (5) of subsection (a) that–
(1)(A) The alleged child pornography was produced using an actual person or persons engaging in sexually explicit conduct; and
(B) Each such person was an adult at the time the material was produced; or
(2) The alleged child pornography was not produced using any actual minor or minors.

No affirmative defense under subsection (c)(2) shall be available in any prosecution that involves child pornography as described in section 2256(8)(C). A defendant may not assert an affirmative defense to a charge of violating paragraph (1), (2), (3)(A), (4), or (5) of subsection (a) unless, within the time provided for filing pretrial motions or at such time prior to trial as the judge may direct, but in no event later than 10 days before the commencement of the trial, the defendant provides the court and the United States with notice of the intent to assert such defense and the substance of any expert or other specialized testimony or evidence upon which the defendant intends to rely. If the defendant fails to comply with this subsection, the court shall, absent a finding of extraordinary circumstances that prevented timely compliance, prohibit the defendant from asserting such defense to a charge of violating paragraph (1), (2), (3)(A), (4), or (5) of subsection (a) or presenting any evidence for which the defendant has failed to provide proper and timely notice.

(d) Affirmative defense.–It shall be an affirmative defense to a charge of violating subsection (a)(5) that the defendant–
(1) Possessed less than three images of child pornography; and
(2) Promptly and in good faith, and without retaining or allowing any person, other than a law enforcement agency, to access any image or copy thereof–
(A) Took reasonable steps to destroy each such image; or
(B) Reported the matter to a law enforcement agency and afforded that agency access to each such image.
(e) Admissibility of evidence.–On motion of the government, in any prosecution under this chapter or section 1466A, except for good cause shown, the name, address, social security number, or other nonphysical identifying information, other than the age or approximate age, of any minor who is depicted in any child pornography shall not be admissible and may be redacted from any otherwise admissible evidence, and the jury shall be instructed, upon request of the United States, that it can draw no inference from the absence of such evidence in deciding whether the child pornography depicts an actual minor.
(f) Civil remedies.–
(1) In general.–Any person aggrieved by reason of the conduct prohibited under subsection (a) or (b) or section 1466A may commence a civil action for the relief set forth in paragraph (2).
(2) Relief.–In any action commenced in accordance with paragraph (1), the court may award appropriate relief, including–
(A) temporary, preliminary, or permanent injunctive relief;
(B) compensatory and punitive damages; and
(C) the costs of the civil action and reasonable fees for attorneys and expert witnesses.
(g) Child exploitation enterprises.–
(1) Whoever engages in a child exploitation enterprise shall be fined under this title and imprisoned for any term of years not less than 20 or for life.
(2) A person engages in a child exploitation enterprise for the purposes of this section if the person violates section 1591, section 1201 if the victim is a minor, or chapter 109A (involving a minor victim), 110 (except for sections 2257 and 2257A), or 117 (involving a minor victim), as a part of a series of felony violations constituting three or more separate incidents and involving more than one victim, and commits those offenses in concert with three or more other persons.

Section 2260. Production of sexually explicit depictions of a minor for importation into the United States (top)

(a) Use of Minor. – A person who, outside the United States, employs, uses, persuades, induces, entices, or coerces any minor to engage in, or who has a minor assist any other person to engage in, or who transports any minor with the intent that the minor engage in any sexually explicit conduct for the purpose of producing any visual depiction of such conduct, intending that the visual depiction will be imported into the United States or into waters within 12 miles of the coast of the United States, shall be
punished as provided in subsection (c).
(b) Use of Visual Depiction. – A person who, outside the United States, knowingly receives, transports, ships, distributes, sells, or possesses with intent to transport, ship, sell, or distribute any visual depiction of a minor engaging in sexually explicit conduct (if the production of the visual depiction involved the use of a minor engaging in sexually explicit conduct), intending that the visual depiction will be imported into the United States or into waters within a distance of 12 miles of the coast of the
United States, shall be punished as provided in subsection (c).
(c) Penalties. – A person who violates subsection (a) or (b), or conspires or attempts to do so -
(1) shall be fined under this title, imprisoned not more than 10 years, or both; and
(2) if the person has a prior conviction under this chapter or chapter 109A, shall be fined under this title, imprisoned not more than 20 years, or both.

Section 2241. Aggravated sexual abuse (top)

(a) By Force or Threat. – Whoever, in the special maritime and territorial jurisdiction of the United States or in a Federal prison, knowingly causes another person to engage in a sexual act.
(1) by using force against that other person; or
(2) by threatening or placing that other person in fear that any person will be subjected to death, serious bodily injury, or kidnapping; or attempts to do so, shall be fined under this title, imprisoned for any term of years or life, or both.
(b) By Other Means. – Whoever, in the special maritime and territorial jurisdiction of the United States or in a Federal prison, knowingly -
(1) renders another person unconscious and thereby engages in a sexual act with that other person; or
(2) administers to another person by force or threat of force, or without the knowledge or permission of that person, a drug, intoxicant, or other similar substance and thereby -
(A) substantially impairs the ability of that other person to appraise or control conduct; and
(B) engages in a sexual act with that other person; or attempts to do so, shall be fined under this title, imprisoned for any term of years or life, or both.
(C) With Children. – Whoever crosses a State line with intent to engage in a sexual act with a person who has not attained the age of 12 years, or in the special maritime and territorial jurisdiction of the United States or in a Federal prison, knowingly engages in a sexual act with another person who has not attained the age of 12 years, or knowingly engages in a sexual act under the circumstances described in subsections (a) and (b) with another person who has attained the age of 12 years but has not attained the age of 16 years (and is at least 4 years younger than the person so engaging), or attempts to do so, shall be fined under this title, imprisoned for any term of years or life, or both. If the defendant has previously been convicted of another Federal offense under this subsection, or of a State offense that would have been an offense under either such provision had the offense occurred in a Federal prison, unless the death penalty is imposed, the defendant shall be sentenced to life in prison.
(d) State of Mind Proof Requirement. – In a prosecution under subsection (c) of this section, the Government need not prove that the defendant knew that the other person engaging in the sexual act had not attained the age of 12 years.

Section 2242. Sexual abuse (top)

Whoever, in the special maritime and territorial jurisdiction of the United States or in a Federal prison, knowingly -
(1) causes another person to engage in a sexual act by threatening or placing that other person in fear (other than by threatening or placing that other person in fear that any person will be subjected to death, serious bodily injury, or kidnapping); or
(2) engages in a sexual act with another person if that other person is -
(A) incapable of appraising the nature of the conduct; or
(B) physically incapable of declining participation in, or communicating unwillingness to engage in, that sexual act; or attempts to do so, shall be fined under this title, imprisoned not more than 20 years, or both.

Section 2243. Sexual abuse of a minor or ward (top)

(a) Of a Minor. – Whoever, in the special maritime and territorial jurisdiction of the United States or in a Federal prison, knowingly engages in a sexual act with another person who -
(1) has attained the age of 12 years but has not attained the age of 16 years; and
(2) is at least four years younger than the person so engaging; or attempts to do so, shall be fined under this title, imprisoned not more than 15 years, or both.
(b) Of a Ward. – Whoever, in the special maritime and territorial jurisdiction of the United States or in a Federal prison, knowingly engages in a sexual act with another person who is -
(1) in official detention; and
(2) under the custodial, supervisory, or disciplinary authority of the person so engaging; or attempts to do so, shall be fined under this title, imprisoned not more than one year, or both.
(c) Defenses. – (1) In a prosecution under subsection (a) of this section, it is a defense, which the defendant must establish by a preponderance of the evidence, that the defendant reasonably believed that the other person had attained the age of 16 years.
(2) In a prosecution under this section, it is a defense, which the defendant must establish by a preponderance of the evidence, that the persons engaging in the sexual act were at that time married to each other.
(d) State of Mind Proof Requirement. – In a prosecution under subsection (a) of this section, the Government need not prove that the defendant knew -
(1) the age of the other person engaging in the sexual act; or
(2) that the requisite age difference existed between the persons so engaging.

Section 2244. Abusive sexual contact (top)

(a) Sexual Conduct in Circumstances Where Sexual Acts Are Punished by This Chapter. – Whoever, in the special maritime and territorial jurisdiction of the United States or in a Federal prison, knowingly engages in or causes sexual contact with or by another person, if so to do would violate -
(1) section 2241 of this title had the sexual contact been a sexual act, shall be fined under this title, imprisoned not more than ten years, or both;
(2) section 2242 of this title had the sexual contact been a sexual act, shall be fined under this title, imprisoned not more than three years, or both;
(3) subsection (a) of section 2243 of this title had the sexual contact been a sexual act, shall be fined under this title, imprisoned not more than two years, or both; or
(4) subsection (b) of section 2243 of this title had the sexual contact been a sexual act, shall be fined under this title, imprisoned not more than six months, or both.
(b) In Other Circumstances. – Whoever, in the special maritime and territorial jurisdiction of the United States or in a Federal prison, knowingly engages in sexual contact with another person without that other person’s permission shall be fined under this title, imprisoned not more than six months, or both.
(c) Offenses Involving Young Children. – If the sexual contact that violates this section is with an individual who has not attained the age of 12 years, the maximum term of imprisonment that may be imposed for the offense shall be twice that otherwise provided in this section.

Section 2245. Sexual abuse resulting in death (top)

A person who, in the course of an offense under this chapter, engages in conduct that results in the death of a person, shall be punished by death or imprisoned for any term of years or for life.

Section 2246. Definitions for chapter (top)

As used in this chapter -
(1) the term “prison” means a correctional, detention, or penal facility;
(2) the term “sexual act” means -
(A) contact between the penis and the vulva or the penis and the anus, and for purposes of this subparagraph contact involving the penis occurs upon penetration, however slight;
(B) contact between the mouth and the penis, the mouth and the vulva, or the mouth and the anus;
(C) the penetration, however slight, of the anal or genital opening of another by a hand or finger or by any object, with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person; or
(D) the intentional touching, not through the clothing, of the genitalia of another person who has not attained the age of 16 years with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person;
(3) the term “sexual contact” means the intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks of any person with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person;
(4) the term “serious bodily injury” means bodily injury that involves a substantial risk of death, unconsciousness, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty;
(5) the term “official detention” means -
(A) detention by a Federal officer or employee, or under the direction of a Federal officer or employee, following arrest for an offense; following surrender in lieu of arrest for an offense; following a charge or conviction of an offense, or an allegation or finding of juvenile delinquency; following commitment as a material witness; following civil commitment in lieu of criminal proceedings or pending resumption of criminal proceedings that are being held in abeyance, or pending extradition, deportation, or exclusion; or
(B) custody by a Federal officer or employee, or under the direction of a Federal officer or employee, for purposes incident to any detention described in subparagraph (A) of this paragraph, including transportation, medical diagnosis or treatment, court appearance, work, and recreation; but does not include supervision or other control (other than custody during specified hours or days) after release on bail, probation, or parole, or after release following a finding of juvenile delinquency; and
(6) the term “State” means a State of the United States, the District of Columbia, and any commonwealth, possession, or territory of the United States.

Section 2247. Repeat offenders (top)

(a) Maximum Term of Imprisonment. – The maximum term of imprisonment for a violation of this chapter after a prior sex offense conviction shall be twice the term otherwise provided by this chapter, unless section 3559(e) applies.
(b) Prior Sex Offense Conviction Defined. – In this section, the term “prior sex offense conviction” has the meaning given that term in section 2426(b).

United States Code
TITLE 18 – CRIMES AND CRIMINAL PROCEDURE
PART I – CRIMES
CHAPTER 7 – ASSAULT
Section 116. Female genital mutilation (top)

(a) Except as provided in subsection (b), whoever knowingly circumcises, excises, or infibulates the whole or any part of the labia majora or labia minora or clitoris of another person who has not attained the age of 18 years shall be fined under this title or imprisoned not more than 5 years, or both.
(b) A surgical operation is not a violation of this section if the operation is -
(1) necessary to the health of the person on whom it is performed, and is performed by a person licensed in the place of its performance as a medical practitioner; or
(2) performed on a person in labor or who has just given birth and is performed for medical purposes connected with that labor or birth by a person licensed in the place it is performed as a medical practitioner, midwife, or person in training to become such a practitioner or midwife.
(c) In applying subsection (b)(1), no account shall be taken of the effect on the person on whom the operation is to be performed of any belief on the part of that person, or any other person, that the operation is required as a matter of custom or ritual.

Section 1460. Possession with intent to sell, and sale, of obscene matter on Federal property (top)

(a) Whoever, either -
(1) in the special maritime and territorial jurisdiction of the United States, or on any land or building owned by, leased to, or otherwise used by or under the control of the Government of the United States; or
(2) in the Indian country as defined in section 1151 of this title, knowingly sells or possesses with intent to sell an obscene visual depiction shall be punished by a fine in accordance with the provisions of this title or imprisoned for not more than 2 years, or both.
(b) For the purposes of this section, the term “visual depiction” includes undeveloped film and videotape but does not include mere words.

Section 1462. Importation or transportation of obscene matters (top)

Whoever brings into the United States, or any place subject to the jurisdiction thereof, or knowingly uses any express company or other common carrier or interactive computer service (as defined in section 230(e)(2) (!1) of the Communications Act of 1934), for carriage in interstate or foreign commerce -
(a) any obscene, lewd, lascivious, or filthy book, pamphlet, picture, motion-picture film, paper, letter, writing, print, or other matter of indecent character; or
(b) any obscene, lewd, lascivious, or filthy phonograph recording, electrical transcription, or other article or thing capable of producing sound; or
(c) any drug, medicine, article, or thing designed, adapted, or intended for producing abortion, or for any indecent or immoral use; or any written or printed card, letter, circular, book, pamphlet, advertisement, or notice of any kind giving information, directly or indirectly, where, how, or of whom, or by what means any of such mentioned articles, matters, or things may be obtained or made; or
Whoever knowingly takes or receives, from such express company or other common carrier or interactive computer service (as defined in section 230(e)(2) (!1) of the Communications Act of 1934) any matter or thing the carriage or importation of which is herein made unlawful – Shall be fined under this title or imprisoned not more than five years, or both, for the first such offense and shall be fined under this title or imprisoned not more than ten years, or both, for each such offense thereafter.

Section 1463. Mailing indecent matter on wrappers or envelopes (top)

All matter otherwise mailable by law, upon the envelope or outside cover or wrapper of which, and all postal cards upon which, any delineations, epithets, terms, or language of an indecent, lewd, lascivious, or obscene character are written or printed or otherwise impressed or apparent, are nonmailable matter, and shall not be conveyed in the mails nor delivered from any post office nor by any letter carrier, and shall be withdrawn from the mails under such regulations as the Postal Service shall prescribe. Whoever knowingly deposits for mailing or delivery, anything declared by this section to be nonmailable matter, or knowingly takes the same from the mails for the purpose of circulating or disposing of or aiding in the circulation or disposition of the same, shall be fined under this title or imprisoned not more than five years, or both.

Section 1464. Broadcasting obscene language (top)

Whoever utters any obscene, indecent, or profane language by means of radio communication shall be fined under this title or imprisoned not more than two years, or both.

Section 1465. Transportation of obscene matters for sale or distribution (top)

Whoever knowingly transports or travels in, or uses a facility or means of, interstate or foreign commerce or an interactive computer service (as defined in section 230(e)(2) (!1) of the Communications Act of 1934) in or affecting such commerce for the purpose of sale or distribution of any obscene, lewd, lascivious, or filthy book, pamphlet, picture, film, paper, letter, writing, print, silhouette, drawing, figure, image, cast, phonograph recording, electrical transcription or other article capable of producing sound or any other matter of indecent or immoral character, shall be fined under this title or imprisoned not more than five years, or both.

The transportation as aforesaid of two or more copies of any publication or two or more of any article of the character described above, or a combined total of five such publications and articles, shall create a presumption that such publications or articles are intended for sale or distribution, but such presumption shall be rebuttable.

Section 1466. Engaging in the business of selling or transferring obscene matter (top)

(a) Whoever is engaged in the business of selling or transferring obscene matter, who knowingly receives or possesses with intent to distribute any obscene book, magazine, picture, paper, film, videotape, or phonograph or other audio recording, which has been shipped or transported in interstate or foreign commerce, shall be punished by imprisonment for not more than 5 years or by a fine under this title, or both.
(b) As used in this section, the term “engaged in the business” means that the person who sells or transfers or offers to sell or transfer obscene matter devotes time, attention, or labor to such activities, as a regular course of trade or business, with the objective of earning a profit, although it is not necessary that the person make a profit or that the selling or transferring or offering to sell or transfer such material be the person’s sole or principal business or source of income. The offering for sale of or to transfer, at one time, two or more copies of any obscene publication, or two or more of any obscene article, or a combined total of five or more such publications and articles, shall create a rebuttable presumption that the person so offering them is “engaged in the business” as defined in this subsection.

Section 1466A. Obscene visual representations of the sexual abuse of children (top)

(a) I n General. – Any person who, in a circumstance described in subsection (d), knowingly produces, distributes, receives, or possesses with intent to distribute, a visual depiction of any kind, including a drawing, cartoon, sculpture, or painting, that -
(1)(A) depicts a minor engaging in sexually explicit conduct; and
(B) is obscene; or
(2)(A) depicts an image that is, or appears to be, of a minor engaging in graphic bestiality, sadistic or masochistic abuse, or sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex; and
(B) lacks serious literary, artistic, political, or scientific value; or attempts or conspires to do so, shall be subject to the penalties provided in section 2252A(b)(1), including the penalties provided for cases involving a prior conviction.
(b) Additional Offenses. – Any person who, in a circumstance described in subsection (d), knowingly possesses a visual depiction of any kind, including a drawing, cartoon, sculpture, or painting, that -
(1)(A) depicts a minor engaging in sexually explicit conduct; and
(B) is obscene; or
(2)(A) depicts an image that is, or appears to be, of a minor engaging in graphic bestiality, sadistic or masochistic abuse, or sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex; and
(B) lacks serious literary, artistic, political, or scientific value; or attempts or conspires to do so, shall be subject to the penalties provided in section 2252A(b)(2), including the penalties provided for cases involving a prior conviction.
(c) Nonrequired Element of Offense. – It is not a required element of any offense under this section that the minor depicted actually exist.
(d) Circumstances. – The circumstance referred to in subsections
(a) and (b) is that -
(1) any communication involved in or made in furtherance of the offense is communicated or transported by the mail, or in interstate or foreign commerce by any means, including by computer, or any means or instrumentality of interstate or foreign commerce is otherwise used in committing or in furtherance of the commission of the offense;
(2) any communication involved in or made in furtherance of the offense contemplates the transmission or transportation of a visual depiction by the mail, or in interstate or foreign commerce by any means, including by computer;
(3) any person travels or is transported in interstate or foreign commerce in the course of the commission or in furtherance of the commission of the offense;
(4) any visual depiction involved in the offense has been mailed, or has been shipped or transported in interstate or foreign commerce by any means, including by computer, or was produced using materials that have been mailed, or that have been shipped or transported in interstate or foreign commerce by any means, including by computer; or
(5) the offense is committed in the special maritime and territorial jurisdiction of the United States or in any territory or possession of the United States.
(e) Affirmative Defense. – It shall be an affirmative defense to a charge of violating subsection (b) that the defendant -
(1) possessed less than 3 such visual depictions; and
(2) promptly and in good faith, and without retaining or allowing any person, other than a law enforcement agency, to access any such visual depiction -
(A) took reasonable steps to destroy each such visual depiction; or
(B) reported the matter to a law enforcement agency and afforded that agency access to each such visual depiction.
(f) Definitions. – For purposes of this section -
(1) the term “visual depiction” includes undeveloped film and videotape, and data stored on a computer disk or by electronic means which is capable of conversion into a visual image, and also includes any photograph, film, video, picture, digital image or picture, computer image or picture, or computer generated image or picture, whether made or produced by electronic, mechanical, or other means;
(2) the term “sexually explicit conduct” has the meaning given the term in section 2256(2)(A) or 2256(2)(B); and
(3) the term “graphic”, when used with respect to a depiction of sexually explicit conduct, means that a viewer can observe any part of the genitals or pubic area of any depicted person or animal during any part of the time that the sexually explicit conduct is being depicted.

Section 1468. Distributing obscene material by cable or subscription television (top)

(a) Whoever knowingly utters any obscene language or distributes any obscene matter by means of cable television or subscription services on television shall be punished by imprisonment for not more than 2 years or by a fine in accordance with this title, or both.
(b) As used in this section, the term “distribute” means to send, transmit, retransmit, telecast, broadcast, or cablecast, including by wire, microwave, or satellite, or to produce or provide material for such distribution.
(c) Nothing in this chapter, or the Cable Communications Policy Act of 1984, or any other provision of Federal law, is intended to interfere with or preempt the power of the States, including political subdivisions thereof, to regulate the uttering of language that is obscene or otherwise unprotected by the Constitution or the distribution of matter that is obscene or otherwise unprotected by the Constitution, of any sort, by means of cable television or subscription services on television

Section 1470. Transfer of obscene material to minors (top)

Whoever, using the mail or any facility or means of interstate or foreign commerce, knowingly transfers obscene matter to another individual who has not attained the age of 16 years, knowing that such other individual has not attained the age of 16 years, or attempts to do so, shall be fined under this title, imprisoned not more than 10 years, or both.

§36 C.F.R. § 1002.34 (top)

(a) A person commits disorderly conduct when, with intent to cause public alarm, nuisance, jeopardy or violence, or knowingly or recklessly creating a risk thereof, such person commits any of the following prohibited acts:

(1) Engages in fighting or threatening, or in violent behavior.

(2) Uses language, an utterance, or gesture, or engages in a display or act that is obscene, physically threatening or menacing, or done in a manner that is likely to inflict injury or incite an immediate breach of the peace.

(3) Makes noise that is unreasonable, considering the nature and purpose of the actor’s conduct, location, time of day or night, and other factors that would govern the conduct of a reasonably prudent person under the circumstances.

(4) Creates or maintains a hazardous or physically offensive condition.

(b) The regulations contained in this section apply, regardless of land ownership, on all lands and waters within the boundaries of the area administered by the Presidio Trust that are under the legislative jurisdiction of the United States.

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

Our federal attorneys are licensed to handle cases in Virginia, Maryland, Pennsylvania & Massachusetts, however our federal attorneys handle legal matters in federal court only in Virginia, Maryland & Massachusetts.

Please click on attorneys to learn more about the federal sex offense lawyers who assist clients with sex offense matters in the federal courts of Virginia, Maryland or Massachusetts.

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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MILITARY LAW ASSISTANCE

BY FORMER MILITARY LAWYERS & ARMED FORCES PERSONNEL

Military law primarily consists of the Uniform Code of Military Justice (UCMJ). The purpose of the military law is to govern and regulate Armed Forces personnel. Military law also consists of other statutory provisions and allows for the adding of unwritten common law of the usage and custom of military service. Additionally, it also includes regulations authorized by the President as Commander in Chief of the Armed Forces. Military law is part of our body of law as a whole. Military law is fully recognized by the state courts. This body of law is in effect both during times of peace as well as in time of war. All armed force personnel in the Armed Forces of the United States are subject to military law at all times.

If you need assistance with any aspect of military law, contact the SRIS Law Group military lawyers.

The SRIS Law Group military lawyers are former JAG attorneys and former armed forces personnel. Our military lawyers can assist you with any of the following matters:

• Administrative Separation Boards
• Court Martial Fraud & Larceny
• Court Martial Sex Offenses
• Court Martial Military Offenses
• Delay and Exemption Cases
• Boards of Inquiry
• Court Martial Other Offenses
• Military Divorces

Our military lawyers will travel to any part of the world to assist you. We currently have Virginia offices in Virginia Beach, Richmond, Lynchburg, Fairfax & Manassas. Our Maryland offices are in Rockville & Annapolis.

Feel free to contact us on line or toll free at 888-437-7747.

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MARYLAND SEX OFFENSE DEFENSE, MASSACHUSETTS SEX OFFENSE DEFENSE & VIRGINIA SEX OFFENSE/CRIME ATTORNEYS

REPRESENTING SEX OFFENSE 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.

It is important to seek a SRIS, P.C. sex crime defense lawyer if you have been charged with a sex offense in Virginia, Massachusetts or Maryland.  A sex crime conviction carries serious consequences, but there are solutions and defenses to these sex offense charges. The attorneys in our firm who defend clients charged with a sex crime in Virginia, Maryland and Massachusetts have extensive experience in aggressively defending individuals charged with sex offenses.

If you wish to consult a SRIS, P.C. sex crimes defense attorney in Virginia, sex offense in Massachusetts or sex offense in Maryland, please simply contact us via e-mail, phone, or by filling out our on-line form. A Virginia sex offense defense lawyer, Maryland sex offense defense attorney or Massachusetts sex offense defense lawyer from SRIS, P.C. will gladly consult with you regarding your matter.

The sex crimes defense lawyers of SRIS, P.C. have offices in the following locations:

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

Please click on the state to see some of the different sex crimes:

• Sex Offense Law in Virginia
• Sex Offense Law in Maryland
• Sex Offense Law in Massachusetts

The criminal sex defense attorneys of SRIS, P.C. who defend clients that are accused of a sex offenses are willing to defend them all the way to the Supreme Court of Virginia if necessary. To learn more about this… contact us.

Why is it important to have legal representation?

Legal representation is critical in sex crimes cases because with the social sentiment following anyone accused of a sex crime, you need a sex offense law attorney who is not affected by public opinion, and who can advise you of rights and protections you may be unaware of.  Regardless of the charge, you deserve an opportunity to explain your side of the story, and clear your good name.

A sex offense defense lawyer of the Law Offices of SRIS, P.C. will question every part of the charge to force the prosecution to prove every element of its sex offense case. The Maryland, Massachusetts & Virginia sex offense defense attorneys of SRIS, P.C. pledge to give relentless, aggressive representation to challenge every facet of the case so that you have the best defense possible.

The Maryland sex crimes defense lawyers, Massachusetts sex crimes defense attorneys & Virginia sex crimes defense lawyers at SRIS, P.C., represent and defend clients in a wide range of sexual offense law cases, including: rape, child molestation, child abuse, date rape, FMS (False Memory Syndrome), indecent exposure, Münchhausen’s Syndrome by Proxy, sex offender registration, possession/distribution/sale of child pornography (kiddie porn), sexual battery, lewd conduct, spousal rape, statutory rape and internet sex crimes such as solicitation of a minor via internet (computer solicitation of a minor, sexual solicitation of a minor, use of a comminication system to solicit a minor).

Clients receive individualized attention and professional legal representation.

At the Law Offices of SRIS, P.C., our Virginia sex crimes defense attorneys, Maryland sex crimes defense attorneys, & Massachusetts sex crimes defense attorneys handle each legal matter tailored to the personal needs, concerns, and best interest of our clients. You can expect prompt replies to e-mails and phone calls . Our sex offense defense lawyers are committed to offering honest and sound advice. Most important, our sex crimes defense attorneys will defend and advocate your case aggressively and vigorously both in plea negotiations and in the courtroom.

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

Our attorneys are licensed to handle sex offense cases in Virginia, Maryland, & Massachusetts, however we defend sex offense cases only in Virginia, Maryland & Massachusetts.

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

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

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 SEX OFFENSE DEFENSE, MASSACHUSETTS SEX OFFENSE DEFENSE & VIRGINIA SEX OFFENSE/CRIME ATTORNEYS

REPRESENTING SEX OFFENSE 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.

It is important to seek a SRIS, P.C. sex crime defense lawyer if you have been charged with a sex offense in Virginia, Massachusetts or Maryland.  A sex crime conviction carries serious consequences, but there are solutions and defenses to these sex offense charges. The attorneys in our firm who defend clients charged with a sex crime in Virginia, Maryland and Massachusetts have extensive experience in aggressively defending individuals charged with sex offenses.

If you wish to consult a SRIS, P.C. sex crimes defense attorney in Virginia, sex offense in Massachusetts or sex offense in Maryland, please simply contact us via e-mail, phone, or by filling out our on-line form. A Virginia sex offense defense lawyer, Maryland sex offense defense attorney or Massachusetts sex offense defense lawyer from SRIS, P.C. will gladly consult with you regarding your matter.

The sex crimes defense lawyers of SRIS, P.C. have offices in the following locations:

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

Please click on the state to see some of the different sex crimes:

• Sex Offense Law in Virginia
• Sex Offense Law in Maryland
• Sex Offense Law in Massachusetts

The criminal sex defense attorneys of SRIS, P.C. who defend clients that are accused of a sex offenses are willing to defend them all the way to the Supreme Court of Virginia if necessary. To learn more about this… contact us.

Why is it important to have legal representation?

Legal representation is critical in sex crimes cases because with the social sentiment following anyone accused of a sex crime, you need a sex offense law attorney who is not affected by public opinion, and who can advise you of rights and protections you may be unaware of.  Regardless of the charge, you deserve an opportunity to explain your side of the story, and clear your good name.

A sex offense defense lawyer of the Law Offices of SRIS, P.C. will question every part of the charge to force the prosecution to prove every element of its sex offense case. The Maryland, Massachusetts & Virginia sex offense defense attorneys of SRIS, P.C. pledge to give relentless, aggressive representation to challenge every facet of the case so that you have the best defense possible.

The Maryland sex crimes defense lawyers, Massachusetts sex crimes defense attorneys & Virginia sex crimes defense lawyers at SRIS, P.C., represent and defend clients in a wide range of sexual offense law cases, including: rape, child molestation, child abuse, date rape, FMS (False Memory Syndrome), indecent exposure, Münchhausen’s Syndrome by Proxy, sex offender registration, possession/distribution/sale of child pornography (kiddie porn), sexual battery, lewd conduct, spousal rape, statutory rape and internet sex crimes such as solicitation of a minor via internet (computer solicitation of a minor, sexual solicitation of a minor, use of a comminication system to solicit a minor).

Clients receive individualized attention and professional legal representation.

At the Law Offices of SRIS, P.C., our Virginia sex crimes defense attorneys, Maryland sex crimes defense attorneys, & Massachusetts sex crimes defense attorneys handle each legal matter tailored to the personal needs, concerns, and best interest of our clients. You can expect prompt replies to e-mails and phone calls . Our sex offense defense lawyers are committed to offering honest and sound advice. Most important, our sex crimes defense attorneys will defend and advocate your case aggressively and vigorously both in plea negotiations and in the courtroom.

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

Our attorneys are licensed to handle sex offense cases in Virginia, Maryland, & Massachusetts, however we defend sex offense cases only in Virginia, Maryland & Massachusetts.

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

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

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

Tweet This Post

SEX CRIMES DEFENSE – VIRGINIA MARYLAND MASSACHUSETTS

It is important to seek a sex crimes defense lawyer if you have been charged with a sex offense in Virginia, Massachusetts or Maryland.  A sex crime conviction carries serious consequences, but there are solutions and defenses to these sex offense charges.

The SRIS Law Group sex crimes attorneys in our firm who defend clients charged with a sex crimes in Virginia, sex crimes in Maryland and sex crimes in Massachusetts have extensive experience in aggressively defending individuals charged with sex offenses. Contact us at 888-437-7747.

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