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Maryland Sex Offender Records

What is a Sex Offender?

A sex offender in Maryland is an individual who has been convicted of a sex offense by the Maryland courts. Sex offenses are commonly construed to simply include rape or sexual abuse. In Maryland, however, these sexual offenses include all sexual actions, conducts, and behaviors that are prohibited by the state's penal code (Title 3, Subtitle 3, Sections 3-301 to 3-324). A finding of guilt for these crimes can result in felony convictions, large fine penalties, and lengthy imprisonment periods.

Asides from the hefty fines and lengthy terms, a felony sex conviction carries a stigma that can damage an offender's profession, reputation, community, and even family. It can also make finding job opportunities, future homes, financing, and even privacy exceptionally hard.

A sex conviction in the state occurs when an offender or defendant:

  • Is convicted by a jury or a judicial officer
  • Enters a nolo contendere plea
  • Receives probation before being sentenced for a crime
  • Is not found criminally liable for a sex crime due to mental incapacity.

Individuals convicted of sex offenses are subject to Maryland's sex offender registry laws (Maryland Criminal Procedure Code Section 11), and they are required by law to participate in the sex offender registry program.

Who is Considered a Sex Offender in Maryland?

Sex offenders in Maryland are individuals mandated by the Maryland Criminal Code to register with local law enforcement agencies after being convicted of sex offenses. According to Maryland Criminal Procedure Article, Section 11-701, they may register as any of the following;

  • Child Sexual Offender
  • Offender
  • Sexually Violent Offender
  • Sexually Violent Predator

A child sexual offender refers to someone who has been found guilty of violating Section 3-602 of the Criminal Code by:

  • Committing sexual abuse or neglect of a minor.
  • Violating any provision of the state's rape or sexual offense law (sections 3-303 through 3-307 of the Criminal code) for a crime involving a minor under the age of 15.

An offender refers to a person who has been found guilty of violating Section 3-503 of the state criminal code by doing the following;

  • Forcibly abducting a child under the age of 18.
  • Soliciting sexual activity from a minor under the age of 18.
  • Breaching the child pornography statute (Section 11-207 of the Criminal Code).
  • Violating prostitution and related offenses laws specified in Title 11, Subtitle 3 of the Criminal Code, especially when the person engaging in prostitution is under 18.
  • Being convicted of a felony involving conduct that constitutes a sexual offense against a person under the age of 18

A sexually violent offender is defined as someone who has been convicted of the following sexually violent offenses:

  • Rape (1st or 2nd degree)
  • Sexual offense (1st, 2nd, or 3rd degree)
  • Attempted rape (1st or 2nd degree)
  • Attempted sexual offense (1st or 2nd degree)

In Maryland, a sexually violent predator is any individual convicted of a sexually violent offense and considered to be at risk of committing another similar offense.

What are the Different Types of Sex Offenses in Maryland?

Generally, sex offenses in Maryland carry harsh penalties, such as lengthy prison sentences, expensive fines, and mandatory sex offender registration. A comprehensive list of all sex crimes in Maryland is highlighted in the Maryland Code, Subtitle 3 (sexual crimes), Section 3. The offenses can also be viewed on the Department of Public Safety and Corrections Services' website. Some of the sexual offenses identified in these statutes include:

Rape in the first or second degree (Md. Code Ann., Criminal Law § 3-303)

These offenses are fundamentally similar because they both criminalize engaging in any "sexual act" with another by force, fear of force, or without permission. However, they differ by the circumstances under which the act was performed. For example, an offender may commit rape in the first degree if the individual engages in a sexual act or vaginal intercourse with another individual while using a harmful weapon, inflicting substantial physical harm, or committing the crime with the help of another.

In contrast, if the victim is cognitively challenged, mentally disabled, or physically helpless, it is rape in the second degree (Maryland Code Annotated, Criminal Law § 3-304). Also, regardless of the circumstances or if verbal or physical consent was given, if the victim is a minor under 14 and the perpetrator is at least four years older, it is rape in the second degree. Both charges involve a requirement to register as a sex offender for the rest of one's life.

Sexual offense in the third and fourth-degree

Sexual offenses in the fourth and third degrees (felonies) primarily ban sexual contact with another person without their consent, as well as illegal sexual intercourse and sexual acts. Nonetheless, their punishments differ based on the conditions under which the illegal act occurred.

A fourth-degree sexual offense is considered a misdemeanor. The relevant statute (Section 3-308) strongly outlaws non-consensual sexual contact. In fact, the absence of consent is the sole element that must be demonstrated to secure a conviction for this offense. This sexual offense is punishable by up to one year in prison or a fine of up to $1,000, with a 15-year registration requirement.

A third-degree sexual offense is considered a felony. It occurs when non-consensual sexual contact happens in certain instances, such as when the victim is significantly mentally challenged or when the perpetrator uses a deadly weapon and inflicts serious bodily harm. If the victim is under 14 years, and the person performing the sexual contact is at least four years older, the accused party is guilty of sexual offense in the third degree, regardless of verbal or physical consent.

A third-degree sexual offense carries a maximum sentence of 10 years in prison and a mandatory registration requirement of either 25 years or a lifetime, depending on the circumstances of the offense.

Sexual Conduct Between a Facility Employee and a Confined Child or Individual (Md. Code Ann., Criminal Law § 3-314)

This law prohibits any sexual contact, vaginal intercourse, or a sexual act between:

  • An employee of a correctional facility and an inmate.
  • A juvenile services professional and a child or juvenile incarcerated in a child care institution or a juvenile detention center, respectively.
  • A provider of court-mandated services and a person who has been ordered to get those services (while the order is still active).

In Maryland, this offense is classified as a misdemeanor, punishable by up to 3 years in jail, a fine of up to $3,000, or both.

Continuing Course of Conduct Against Child (Md. Code Ann., Criminal Law § 3-315)

Maryland law maintains that it is unlawful to engage in a pattern of behavior that includes three or more actions that would be considered first or second-degree rape, or a sexual offense in the first, second, or third-degree over 90 days or more with a minor who is under the age of 14 years.

Because this is a felony, it carries a potential punishment of 30 years in prison.

Sodomy (Md. Code Ann., Criminal Law § 3-321)

This conduct is classified as "unnatural or perverted sexual behavior" in Maryland. According to the state code, a person may not:

  • Put the sexual organ of another individual or animal in their mouth
  • Put an individual's sexual organ in the mouth of another person or of an animal
  • Engage in other unnatural or indecent sexual conducts with another individual or animal

The violation of this section is a felony, and the offender is subject to a prison sentence not above 10 years, a fine of not more than $1,000, or both.

Incest (Md. Code Ann., Criminal Law § 3–323)

An individual may not intentionally engage in vaginal intercourse with someone they are not permitted to marry under Article 2-202 of the Family Code. Any individual found guilty of violating this provision is guilty of a felony. This crime is punishable by a prison sentence of at least a year but not more than 10 years.

Sexual abuse of a minor (Md. Code Ann., Criminal Law § 3–602)

This statute defines "sexual abuse" as any conduct that involves sexual molestation or exploitation of a minor or juvenile, regardless of whether physical injuries occured. Incest, rape, sexual offense of any degree, sodomy, and other unnatural or perverse sexual practices are examples of sexual abuse.

An adult (parent or guardian) who has permanent or temporary care, custody, or responsibility for the supervision of a minor is prohibited from perpetrating sexual abuse to the minor under the provisions of this statute. According to the law, a family member is likewise prohibited from sexually abusing a minor under the age of majority.

It is a crime to disobey this legislation, and any individual who does so will be punished accordingly. If convicted, the perpetrator will be punished with a maximum of 25 years in state prison.

Child pornography (Md. Code Ann., Criminal Law § 11–207)

This section maintains that it is unlawful for an individual to:

  • Induce or knowingly allow a minor to participate as a subject in the production of a visual display or performance of perverted sexual abuse or sexual conduct.
  • Photograph or film a child engaging in sexual conduct.
  • Knowingly promote, advertise, or disseminate visual representations or performances that depict a minor as a subject of sexual conduct.

A person who breaks this law commits a felony and faces the following penalties if convicted:

  • A prison sentence of 10 years, a fine of up to $25,000, or both
  • A prison sentence of 10 years, a fine of up to $50,000, or both, for each subsequent offense.

Maryland Code Annotated, Criminal Law §3 differentiates between sexual act, sexual contact, and vaginal intercourse. By emphasizing these differences, it is possible to quickly determine the sexual offense committed in a given situation.

Regardless of whether semen is expelled, a "sexual act" involves any action that can be understood as sexually stimulating or gratifying, or performed for either party's abuse, including:

  • Analingus
  • Cunnilingus (oral sex)
  • Fellatio
  • Anal penetration

It does not, however, include vaginal intercourse or a medically approved act in which an object penetrates the genital entrance or anus of an individual.

On the other hand, "sexual contact" refers to the intentional touching of the victim's genitals, anal regions, or other private regions for sexual pleasure or satisfaction, or for either party's abuse. It is described as an act in which a part of an individual's body (other than the penis, mouth, or tongue) penetrates, even slightly, into another individual's genitals or anus. However, it does not include the usual display of familial or friendly affection or acts conducted for a valid medical purpose.

Whether or not semen is expelled, "vaginal intercourse" refers to genital copulation. It involves any penetration of the vagina, no matter how small.

What Types of Sex Offenders Exist in Maryland?

Pursuant to Maryland Criminal Procedure, Section 11-701, sexual offenders in Maryland are categorized into three tiers by the severity of the crime, the risk of the offender committing another sex crime, and the potential harm to the community. These classifications are as follows:

  • Tier I
  • Tier II
  • Tier III

Tier I is the least severe category of the three tiers. This tier includes people convicted of fourth-degree sex offenses, including:

  • Visual surveillance or peeping without the victim's permission
  • The possession of child pornography items
  • Transmitting false information on the internet like false domain names and misleading digital images
  • Sex-trafficking by compulsion, deception, or force
  • Providing information about a juvenile/minor to encourage unlawful sexual conduct

Those who are obligated to register as Tier I must do so for 15 years.

Tier II constitutes offenders convicted of a third-degree sex offense such as:

  • Abducting a minor below 16 years for prostitution or unlawful sexual conduct
  • Distributing and manufacturing child pornography
  • Hiring a minor for an illicit sexual purpose
  • Operating a call house (house of prostitution)
  • Human trafficking and sale of children
  • Sexual solicitation of a minor
  • Sexual misconduct between an employee of a correctional facility or the Department of Juvenile Services (DJS) and a confined inmate or child
  • Multiple Tier 1 convictions

Tier II sex offenders are obligated to remain on the registry for 25 years.

Tier III is the most serious of the three levels of sex offender classifications. Offenders in this category have been convicted of more serious sexual offenses such as:

  • 1st and 2nd-degree sex offenses or attempted 1st and 2nd-degree sex offenses
  • Rape of any kind
  • Assault to rape or sexually abuse an adult or minor
  • Kidnapping or abduction of children(under the age of 12
  • Sale of a child
  • Sodomy
  • Incestuous relations
  • Murder, with the aim of raping or sexually abusing a minor
  • Multiple Tier II convictions or a Tier I and Tier II conviction

According to Maryland Criminal Procedure, Section 11-723, Tier III offenders must stay on the registry for the rest of their lives. Typically, state law requires lifelong registration if the registrant is:

  • Considered a sexually violent predator
  • Convicted of a sexually violent offense, or
  • Convicted of a sexual act involving penetration of a minor under the age of 12

Also, while Tier I and Tier II offenders are required to report to local law enforcement authorities every six months, Tier III registrants must register every three months to ensure their profiles are current.

Although registration as a sex offender and updating that information when obligated are legal requirements, offenders may be exempt from these requirements for various reasons, including successful completion of their term, death, pardon, relocation, or expungement. Registrants that have been removed due to relocation will have their names submitted to the authorities in the jurisdiction they moved to.

How to Find a Sex Offender Near Me in Maryland

In Maryland, the public has access to information such as residence, image, employment, and contact information of a sex offender. They may access this information by querying local law enforcement authorities or searching the county, state, or federal sex offender registries.

Every county in Maryland and Baltimore City has a designated local law enforcement unit that serves as a registration location for child sexual offenders and sexually violent predators. Sexual offenders, including residents and non-residents, must register with these designated agencies located in the jurisdictions where they live, work, or attend school.

During registration, offenders will fill out a registration statement containing all relevant information about their identity and location. Interested individuals can receive a copy of this statement by submitting a written request that includes the purpose or reason of the request to a local law enforcement unit.

Alternatively, they may access sex offender data via Maryland's Sex Offender Registry. This database contains information on those who have been convicted of sex offenses in the state.

What Happens When You Register as a Sex Offender in Maryland?

In Maryland, registering as a sex offender may limit an offender's ability to reintegrate into society. Unlike other states in the US, Maryland does not prohibit or limit the places where a registered sex offender may live or work. Nevertheless, a person on the registry is not permitted on the premises of an elementary school, child care facility, or secondary school.

Still, offenders may face public shaming, humiliation, and victimization due to their sex offender registration. Despite the intervention of the law, their offenses may follow them and obstruct their ability to find housing or work. Some registered sex offenders may be harassed because of the personal details being published online, though this is subject to criminal prosecution in the state.

Furthermore, sex offenders must regularly update their information on the sex offender registry. If a sex offender willfully fails to register, knowingly submits false information, or refuses to alter their address after relocating, they face penalties under Maryland's Criminal Procedure Article, Section 11-721. As such, they could be found guilty of a misdemeanor and face a prison sentence of up to 3 years, a fine of up to $5,000, or both.

What is the Maryland Sex Offender Registry?

The Maryland sex offender registry is a searchable database that provides information on known sex offenders. Maintained by the Department of Public Safety and Correctional Services, the registry records the name, address, age, place of employment, school, legal description of the crime(s) committed, date, and jurisdiction of conviction. Anyone convicted of a sex crime in Maryland is mandated to register with the sex offender registry. The duration of registration ranges from 15years to a lifetime, depending on the category of crime conviction. The sex offender registry in Maryland is available to any member of the public. The photograph, address, and registration details of the offender are accessible by anyone in the state.

Interested members of the public may also obtain public record information from third party websites. These privately owned sites typically host data culled from public databases and repositories. However, the information available on third-party sites may vary since they are independent of government sources. To use a third-party site, record seekers may be required to provide all of some of the following information:

  • The full name on the record of choice
  • The last known or current address of the named individual
  • The address of the requestor

What are the Sex Offender Laws in Maryland?

Maryland has several laws designed to address sex offenses, including Maryland Rape and Sexual Assault Laws, Megan’s Law, Maryland Child Pornography Laws, and Maryland Criminal Statute of Limitations Laws. The laws outlined below are specific to the sex offenders registry in Maryland.

  • Maryland Criminal Procedure Code Section 11-701

This section clearly defines the various tiers of sex offenders in the state. It also gives a legal definition for the sex offender, the sexually violent predator, release, the supervising authority, and jurisdiction relating to sex offender registration.

  • Maryland Criminal Procedure Code Section 11-702.1

Maryland makes provision for sex offender requirements to apply to sexual crimes predating the registry. Retroactive requirements apply to a sex offender convicted of an offense before July 1, 1997, and was under the custody supervising authority by October 1, 2001. Section 11-702.1 also applies to a child sex offender convicted on or before October 1, 1995.

  • Maryland Criminal Procedure Code Section 11-704

Section 11-704 describes registration requirements for sex offenders in Maryland. This outlines who should register as a sex offender, including a child sexual offender, an adult offender, a sexually violent offender, a sexually violent predator, and similar offenders from other states moving to Maryland.

  • Maryland Criminal Procedure Code Section 11-721

Code Section 11-721 outlines the penalties for sex offenders who fail to register or violate registration laws. Registration violations can attract fines up to $10,000 and imprisonment for up to 5years.

  • Maryland Criminal Procedure Code Section 11-723, 11-724

Code Sections 11-723 and 11-724 cover the convictions that require a lifetime registration and the penalties for violation. In Maryland, Tier III sex offenders have a lifetime registration. Violators can be fined up to $10,000 and face jail time of up to 5years. Section 11-724 also outlines the provisions under which a lifetime registrant may file a petition for discharge from supervision.

How Long Do Sex Offenders Have to Register in Maryland?

Sex offender registration ranges from 15years to a lifetime, depending on the category of a sex offense.

  • Tier I registrants must register every six months for 15years.
  • Tier II registrants must register every six months for 25years.
  • Tier III registrants must register every three months for life.

Can a Sex Offender Live With Their Family in Maryland?

Yes, sex offenders in Maryland may live with their families. Maryland does not place any residency restrictions on registered sex offenders.

Do Sex Offenders Have to Notify Neighbors in Maryland?

Sex offenders do not have to notify neighbors in Maryland. When an offender moves from one area to another within the state or another state, they must inform the relevant authorities. Registered offenders must contact the Department of Public Safety and Correctional Services(DPSCS) within three days in writing. The DPSCS will then notify the new county local law enforcement unit. This agency is either the Sex Offender Registry Unit of that area, or the relevant federal unit, depending on which court the conviction occurred. Failing to notify the authorities warrants arrests and would attract penalties.

Do Sex Offenders Have to Put a Sign in Their Yard in Maryland?

No, a sex offender is not required to put up a yard sign in Maryland. If an offender is moving within the state, updating the DPSCS in writing is sufficient. Sex offenders in Maryland are also not monitored by GPS. However, if the offender is moving out of the state, the destination state or country rule would be applicable.

Non-residents of Maryland who are schooling or working within the state must register on the Sex Offenders Registry for the duration of their stay. This rule applies to students, workers, and other visitors registered in other states.

How Close Can a Sex Offender Live to a School in Maryland?

Mayland has no residential restrictions on registered sex offenders. A registrant can live close to a school. However, they must not knowingly enter a child care facility, an elementary school, or a secondary school. The person, if caught, is guilty of a misdemeanor. A sex offender convicted of such misdemeanor is subject to not more than five years jail time or a fine of $5,000 or both.

Note that the state mandates that registrants maintain all required data on the sex offenders registry, including addresses.

Can You Expunge a Sex Offender Charge in Maryland?

The name of an individual can only come off the registry if the required term is complete, the individual dies, or there is an early termination as a result of any of the following:

  • The court has reversed the conviction
  • Pardon for conviction from the governor was received
  • Expunged conviction.

Documents required for early termination include:

  • A true test copy of the court order reversing, vacating, or setting aside the conviction underlying the registration.
  • A copy of a governor’s pardon for the conviction that necessitated the registration
  • A true test copy of a court order for expungement of the conviction, underlying the registration, respectively.

Note that an individual who relocates from Maryland to another state will have his information removed from the state sex offender registry. However, the destination state will get a notification. The new location will proceed to update its database with the relevant sex offender information.

How to Look Up Sex Offenders in Maryland

Maryland maintains a sex offenders registry accessible via the Department of Public Safety and Correctional Services (DPSCS) website. Members of the public can search the Maryland Sex Offender Registry by name, area, or city.

  • Area: A search by address allows interested persons to view all published offenders within a specified area. The search address can be work, business, school, or other desired address.
  • Name: An individual can search using the first, last name, or alias of an offender. Search results will display any match or partial match.
  • City: A sex offender by city search will show all published offenders in the specified town or city.

Interested persons can also use the search to locate non-compliant offenders. This search will only bring up results on published non-compliant sex offenders.

The Maryland DPSCS developed an Offender Watch program through which it notifies the public about sex offenders. The program is a free email alert service in which people register any number of addresses. Subscribers receive a notification if a new offender registers within one mile of those addresses.

Is Public Urination a Sex Offense in Maryland?

Urinating in public can be treated as indecent exposure in Maryland, and indecent exposure is a misdemeanor in the state. Such a misdemeanor could carry a conviction of up to 3 years in jail and a $1,000 fine. Being convicted of indecent exposure does not require registration as a sex offender. An individual convicted for a fourth-degree sexual offense must register with the Maryland Sex Offender Registry. It is important to note that many indecent exposure offenders end up with fourth-degree sexual offense charges.

How to Report a Sex Offender in Maryland?

To report a sex offender in Maryland, interested persons can reach out to the local law enforcement agencies across the state. A resident can also reach out to the Department for public safety and correctional services at:

Department for Public Safety and Correctional Services
Sex Offender Registry Unit
P.O. Box 5743 Pikesville MD 21282-5743
TelePhone: (410) 585-3600
Fax: (410) 653-5690

Just like breaking parole, a sex offender failing to register details at the right time is a crime. This crime is subject to jail time and a fine. If the offender puts in the wrong information on the registry, they can face a misdemeanor charge. Such a charge is punishable with up to 3 years of jail time, a fine of up to $5,000, or both. Failing to update address, work status, educational enrollment could also be costly.