Laws governing the crimes relating to sexual assaults are often quite complex to understand without having background knowledge. As diverse a crime as sexual assault is, it can often be too difficult to distinguish. Maryland categorizes sexual assault into four degrees of offensive sexual activity.
Understanding the difference between 1st, 2nd & 3rd-degree sexual assault
First-degree criminal sexual conduct
First-degree criminal sexual conduct is a very serious crime with the defendant spending life in prison.
Being charged with first-degree criminal sexual conduct involves sexual penetration (oral or anal sex, or any object or part of one’s body penetrating the genitals or anus for sexual pleasure) and either one of the following conditions:
- The victim of the crime was under the age of 13.
- The victim of the crime was over the age of 13, but:
- The person accused of the crime is a part of victim’s household.
- The person accused of the crime is related to the victim by blood.
- The person accused of the crime holds authority over the victim.
- The person accused of the crime belongs to the faculty of the victim’s school and is either a teacher, a substitute teacher or an administrator at a public school.
- There has been use of a weapon or an object much similar to the nature of a weapon.
- The person accused of the crime used physical force or a form of physical violence.
Second-degree criminal sexual conduct
Any defendant being punished for second-degree criminal sexual conduct with up to 15 years in prison and involves the need to wear an electronic monitor. Second-degree criminal sexual conduct involves sexual contact, with and either one of the following conditions:
- The victim of the crime was under the age of 13.
- The victim of the crime was over the age of 13, but:
- The person accused of the crime is a part of victim’s household.
- The person accused of the crime is related to the victim by blood.
- The person accused of the crime holds authority over the victim.
- The person accused of the crime belongs to the faculty of the victim’s school and is either a teacher, a substitute teacher or an administrator at a public school.
Third-degree criminal sexual conduct
A defendant charged with a third-degree criminal sexual conduct can face up to 15 years in prison. Third-degree criminal sexual conduct in nature is quite similar to first-degree criminal sexual conduct and involves some form of sexual penetration and one of the following conditions:
- The victim of the crime was under the age of 13.
- The penetration was accomplished by means of coercion or force.
The victim of the crime was physically incapacitated (drunk or unconscious for example); with the person accused of the crime having complete knowledge of it.