In 2024, Maryland lawmakers made significant changes to the punishments for sex crimes. The penalties were increased in many instances. However, there was good news for those who have been charged or arrested but not convicted of crimes. The charges will no longer show up on your consumer credit report.
Redefining Consent in Sexual Assault Cases
Maryland lawmakers have redefined consent in sexual assault cases and removed the requirement to prove “force or threat of force.” Prosecutors don’t have to demonstrate that the accused used force or threats to establish a second-degree rape charge. Instead, the law now focuses on whether the victim clearly conveyed consent.
This statutory change clarifies that sexual acts must involve a clear and voluntary agreement from all parties. It also accounts for situations where victims may have been unable to resist due to fear or trauma responses, such as freezing.
Maryland’s new standard shifts the focus to the victim’s lack of consent and does not require proof of physical resistance. The law emphasizes that consent must be enthusiastic and explicit. It can’t be assumed based on prior relationships, attire, or the absence of physical resistance.
Statutes of Limitations Extended for Sex Crimes
The statute of limitations for sexual extortion was extended to five years.
The statute of limitations for stalking was extended to 10 years.
The statute of limitations for revenge porn was eliminated. The previous legal deadline was two years.
The changes acknowledge the long-term impact of these crimes and provide victims with more time to report offenses.
Increased Penalties for Indecent Exposure Involving Minors
The penalties for indecent exposure involving minors were increased. Those convicted of intentionally exposing themselves in the presence of a minor could face up to five years in prison, a fine of up to $10,000, or both. The previous penalties for indecent exposure were a maximum of three years jail time and fines up to $1,000.
Penalties may increase if the person has been convicted of indecent exposure multiple times. The judge could also add more jail time and fines if the suspect has been convicted of other sex crimes.
The strengthened penalties could have a dire effect on security clearances, triggering an investigation and revocation of your security clearance.
Protections for Individuals with Criminal Records in Credit Reports
But there was good news for those who have been charged or arrested for crimes but not convicted. Cases that did not end in a guilty verdict or plea, resulted in a nolle prosequi or were expunged will no longer show up on your consumer credit report.
In addition, the threshold for when businesses can use negative financial information that typically disappears after seven to 10 years has been raised. Now, businesses can only use expired information if you apply for a loan or insurance policy exceeding $150,000 or you are applying for a job paying more than $70,000 annually. Previously, the thresholds were $50,000 for loans and insurance policies and $20,000 for jobs.
These reforms aim to reduce barriers to employment, housing, and loans for individuals with criminal records and promote fairness in consumer reporting.
Compliance Credits and Private Home Detention Monitoring
Maryland is also revising compliance credits and monitoring systems for home detention. These changes aim to expand eligibility for alternative sentencing programs and improve rehabilitation opportunities. The adjustments include increased monitoring requirements and enhanced reporting systems to ensure compliance with court-ordered terms.
If you’re under private home detention monitoring, you can earn compliance credits. These credits can significantly reduce the length of active supervision.
To earn compliance credits, you must:
- Comply with the conditions and goals of their probation, parole, or mandatory release supervision
- Have no new arrests
- Obey “no contact” conditions
- Be current on court-ordered payments
- Be current on community supervision requirements
Home detention allows a person to remain at home instead of going to jail or prison. Participants must remain at home at all times, except for preapproved absences.
Importance of Legal Representation
Given the move toward stronger penalties, individuals facing sex crime charges in Maryland should consult an experienced criminal defense attorney as soon as possible. Lawyers specializing in Maryland sex crimes can:
- Evaluate the strengths and weaknesses of your case
- Gather evidence to support defenses
- Negotiate plea bargains or look for ways to get the charges reduced or dropped
If you’ve been charged under the updated laws, it’s important to hire experienced legal counsel to review your case for the best way to defend you against the accusations. The criminal defense lawyers at Maronick Law LLC have experience with Annapolis, Baltimore, Bel Air, Essex, Ocean City, Towson, and White Marsh sex crimes defense.
Maronick Law LLC can meet with you remotely if you have access to Zoom. You can contact the law office at 410.244.5068 or our website for a free consultation.