A person generally commits the criminal offense of sexual assault of a child—regardless of whether the person knows the age of the child at the time of the offense—if the person (1) causes the penetration of the anus or sexual organ of a child by any means; (2) causes the penetration of the mouth of a child by the sexual organ of the person; (3) causes the sexual organ of the child to contact or penetrate the mouth, anus, or sexual organ of the person or another person; (4) causes the anus of a child to contact the mouth, anus, or sexual organ of the person or another person; or (5) causes the mouth of a child to contact the anus or sexual organ of the person or another person.
The naming and definition of the criminal offense of sexual assault of a child varies from state to state. These criminal offenses are generally located in a state’s statutes—often in the penal or criminal code.
In Maryland, the criminal offense of sexual assault of a child is addressed under the state's sexual offense laws, which are found in the Criminal Law Article of the Maryland Code. The acts described, involving various forms of sexual contact and penetration with a child, would typically fall under the categories of sexual abuse of a minor or a third-degree sexual offense, among others, depending on the specific circumstances of the case. Maryland law defines a child as a person under the age of 18. It is important to note that Maryland law does not allow for the mistake of age as a defense in cases involving sexual offenses against children. This means that an offender cannot argue that they believed the child was of the age of consent to avoid conviction. The penalties for these offenses are severe and can include lengthy prison sentences and mandatory registration as a sex offender. An attorney can provide more detailed information about the specific charges and penalties that may apply in a given case.