{"id":373879,"date":"2016-03-31T21:35:29","date_gmt":"2016-04-01T02:35:29","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/maryland-law\/maryland-prohibited-consensual-sexual-activity-laws.html"},"modified":"2023-01-23T11:21:52","modified_gmt":"2023-01-23T16:21:52","slug":"maryland-prohibited-consensual-sexual-activity-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/maryland-law\/maryland-prohibited-consensual-sexual-activity-laws.html","title":{"rendered":"Maryland Prohibited Consensual Sexual Activity Laws"},"content":{"rendered":"\n
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Maryland Prohibited Consensual Sexual Activity Laws<\/h1>\n
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\n By FindLaw Staff<\/a> | Legally reviewed by Nicole Prebeck, Esq.<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

It’s well-known that nonconsensual activities, like rape and sexual assault, are illegal. It’s not as well-known that some consensual sexual activities are also prohibited by law. Throughout history, states have used certain laws to criminalize sexual activity between same-sex partners. That changed in 2003.<\/p>\r\n

In that year, the U.S. Supreme Court heard Lawrence v. Texas<\/a><\/i>. In that case, a man challenged his conviction in Texas for having sex with another man in the privacy of his own home, which violated a state anti-sodomy law. However, the U.S. Supreme Court ruled that law unconstitutional and unenforceable. In the wake of that decision by the U.S. Supreme Court, all anti-sodomy laws, as they apply to consenting adults, became unconstitutional and unenforceable.<\/p>\r\n

While Maryland’s laws still feature prohibitions on certain acts of sodomy, they cannot be used to criminalize sexual activity between same-sex partners.<\/p>\r\n

Continue reading for an overview of Maryland laws that pertain to sexual activity.<\/p>\r\n

Laws Related to Sexual Activity in Maryland<\/h2>\r\n

Each state has laws that prohibit certain kinds of consensual sexual activity<\/a>. Normally these correlate with the social norms of that particular state, and they tend to change with the times.<\/p>\r\n

Maryland’s prohibited consensual sexual activity laws include regulations found in most other states, like provisions for public indecency and indecent exposure. However, the state also makes it a misdemeanor for someone who is HIV-positive to expose another person to the virus.<\/p>\r\n

In Maryland law, there is also a provision that requires mandatory HIV testing and reporting under certain circumstances. And of course, while certain acts of sodomy remain illegal in Maryland, any laws related to that type of sexual activity can no longer be used to criminalize sexual activity between same-sex partners.<\/p>\r\n

More About Laws Related to Sexual Activity<\/h2>\r\n

The main provisions of Maryland’s prohibited consensual sexual activity laws are listed in the chart below. You can also visit FindLaw’s Sex Crimes<\/a> section for more comprehensive information on this topic.<\/p>\r\n\r\n

Sodomy Laws Applicable to<\/p>\r\n<\/th>\r\n

Under \u00a73-322<\/a>, it remains a crime to engage in acts of sodomy when the act involves an animal.<\/td>\r\n<\/tr>

Penalty for Sodomy<\/p>\r\n<\/th>\r\n

Under the same statute, offenses are treated as a misdemeanor. Offenders face up to 10 years in prison and\/or a fine of up to $1,000.<\/td>\r\n<\/tr>

HIV Exposure and Compelled Testing for Offenders<\/p>\r\n<\/th>\r\n

Indecent Exposure<\/p>\r\n<\/th>\r\n

Age of Consent<\/p>\r\n<\/th>\r\n

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  • Under most circumstances, the age of consent in Maryland is 16.<\/li>\r\n
  • The offense of engaging in sexual activity with someone under the age of consent is known as statutory rape.<\/li>\r\n
  • For more information about statutory rape, consider reviewing FindLaw’s page on the subject<\/a>.<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>

Prostitution & Other Related Offenses<\/p>\r\n<\/th>\r\n