Randallstown, MD asked in Criminal Law and Sexual Harassment for Maryland

Q: If I have sex with a 16 or 17-year-old and she consented for the sexual engagement would I be charged with a crime?

I need some legal advice on something I read that the state of Maryland age of consent law states that a boy or girl has to be at the middle age of 16 years old to consent to sexual activity, I'm writing up a consent form that would be in the legal terms of this stature. However, I am not sure how to go about it I mean I wrote up the whole thing according to the 2010 version of the statute but I'm not actually sure where to go from here. Me Sleeping with a 16 or 17-year-old may not fit very well with people and I want to have something that says that she agreed to perform sexual acts with me, I rather have something else that allows me to have written proof that she decided to do this having a verbal proof wouldn't be enough and would need to update this written agreement. So the question is this if I have sent with a 16 or 17-year-old (e.g. if she gave consent written or otherwise) would I be charged with a crime?

2 Lawyer Answers
Thomas J. Maronick Jr
Thomas J. Maronick Jr
PREMIUM
Answered
  • Criminal Law Lawyer
  • Glen Burnie, MD
  • Licensed in Maryland

A: Here is the general Maryland rule:

first: consent can only be granted WHEN the statutes allow for consent. It is NOT a defense if you thought she was older.

IF you are 20, and she's 17, it is OK if she consents. If you are 21 and she's 17, it isn't generally OK. The age of seniority in Maryland (adulthood) is 18. If the other person is not 18, the sex would need to fit into one of the exceptions. Being 17 and consenting to sex with a 20 year old is an exception.

I am not sure what you are referring to re the 2010 statute. Please be more specific if you are referencing any statute.

Thomas J. Maronick Jr
Thomas J. Maronick Jr
PREMIUM
Answered
  • Criminal Law Lawyer
  • Glen Burnie, MD
  • Licensed in Maryland

A: I wanted to further clarify my answer: the 21 example below - if the 21 is turning 22, on the 22nd birthday that's when things could get problematic. If within 4 years, generally is OK.

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