Section 3-314 - Sexual conduct between correctional or Department of Juvenile Services employee and inmate or confined child. - Maryland Statutes

§ 3-314. Sexual conduct between correctional or Department of Juvenile Services employee and inmate or confined child.
 

(a)  Definitions.-  

(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. 

(b)  Prohibited - Correctional employee with inmate.-  

(1) This subsection applies to: 

(i) a correctional employee; 

(ii) any other employee of the Department of Public Safety and Correctional Services or a correctional facility; 

(iii) an employee of a contractor providing goods or services to the Department of Public Safety and Correctional Services or a correctional facility; and 

(iv) any other individual working in a correctional facility, whether on a paid or volunteer basis. 

(2) A person described in paragraph (1) of this subsection may not engage in sexual contact, vaginal intercourse, or a sexual act with an inmate. 

(c)  Prohibited - Department of Juvenile Services employee with confined child.- A person may not engage in sexual contact, 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 § 9-226(b) of the Human Services Article. 

(d)  Penalty.- 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. 

(e)  Sentencing.- 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. 
 

[An. Code 1957, art. 27, § 464G; 2002, ch. 26, § 2; ch. 266, § 1; 2003, ch. 53, § 4; 2007, ch. 8, § 1; ch. 458.]