Q: In MD is offense code CR.3.602.(b)(1) considered a "violent crime"?
I researched the most up to date Maryland State Commission on Criminal Sentencing Policy and it lists CR, §3-602(b) as being a violent offense but NOT CR, §3-602(b)(i).
A: ALL violations of subsection (b) constitutes a violent crime. The separate sections within subsection (b) are not differentiated in this regard.
A:
More specifically, 14-101 of the Criminal Law Article defines violent crime under the cited section as follows:
(16) sexual abuse of a minor under § 3-602 of this article if:
(i) the victim is under the age of 13 years and the offender is an adult at the time of the offense; and
(ii) the offense involved:
1. vaginal intercourse, as defined in § 3-301 of this article;
2. a sexual act, as defined in § 3-301 of this article;
3. an act in which a part of the offender's body penetrates, however slightly, into the victim's genital opening or anus; or
4. the intentional touching of the victim's or the offender's genital, anal, or other intimate area for sexual arousal, gratification, or abuse;
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