What’s the Difference Between Third- and Fourth-Degree Sexual Offense in Maryland?

 Posted on February 23, 2026 in Sex Crimes

The consequences of being convicted of a sexual offense in Maryland go far beyond jail time. A conviction can follow you for the rest of your life, affecting where you can live, where you can work, and how people see you.

If you are charged with a third- or fourth-degree sexual offense in 2026, you need to understand exactly what those charges mean. Our Harford County, MD criminal defense attorney has more than 15 years of experience and has helped over 10,000 clients. Let us help you, too.

What Is a Fourth-Degree Sexual Offense in Maryland?

Fourth-degree sexual offense is the less severe of the two charges, but that does not mean it is minor. Under Maryland Criminal Law Article Section 3-308, you can be charged with fourth-degree sexual offense in several situations.

What Actions Can Lead to a Fourth-Degree Charge?

The law covers a range of conduct, including the following:

• Sexual contact with someone who is 14 or 15 years old when the accused is at least 4 years older
• Sexual contact with a person who is mentally incapacitated or physically helpless
• Sexual contact with someone who has clearly communicated they do not consent
• Sexual contact by a person in a position of authority, such as a teacher or supervisor, with someone under their supervision

What Are the Penalties for Fourth-Degree Sexual Offense?

Fourth-degree sexual offense is a misdemeanor in Maryland. However, do not let that word fool you into thinking the consequences are light. A conviction can carry up to one year in jail and fines up to $1,000.

Depending on the circumstances, a conviction may also trigger sex offender registration requirements. This will affect your housing, your employment, and your daily life for years or even decades after you have served your sentence.

What Is a Third-Degree Sexual Offense in Maryland?

Third-degree sexual offense is a felony charge and carries significantly more serious consequences. Under Maryland Criminal Law Article Section 3-307, this charge applies when sexual conduct occurs under specific aggravating circumstances.

What Makes a Charge Third-Degree Instead of Fourth-Degree?

The key difference usually comes down to the nature of the contact and the circumstances surrounding it. Third-degree sexual offense typically involves the following:

• Sexual contact with someone under 14 years old when the accused is at least 4 years older
• Sexual contact with someone 14 or 15 years old when the accused is at least 21
• Sexual contact that involves force or a threat of force, without that person’s consent
• Sexual contact with someone who is mentally incapacitated, where the accused knew or reasonably should have known about that condition

What Are the Penalties for Third-Degree Sexual Offense?

A conviction for third-degree sexual offense in Maryland can result in up to 10 years in prison and a felony on your permanent record. The collateral consequences, meaning the effects that follow you after prison, are severe. Sex offender registration, restrictions on where you can live, and the lasting impact on your reputation and career make this a charge that demands an aggressive and experienced defense from day one.

How Can Third- and Fourth-Degree Sex Offense Charges Be Defended?

Every case is different, and the right defense strategy depends on the specific facts. Here are some of the approaches your attorney might take.

Challenging the Evidence

In many cases, the prosecution's evidence is thinner than it appears. There may be little or no actual evidence. Witness accounts may be inconsistent. Texts may have been taken out of context.

Questioning Consent and Intent

Maryland law requires the prosecution to prove specific elements beyond a reasonable doubt. The burden that the alleged victim did not consent is on the state.

Investigating the Accuser's Account

False accusations do happen. Motives matter, as do prior inconsistent statements. Sexual offense cases account for a significant share of wrongful convictions in the United States. Your attorney should dig into the details and not simply accept the prosecution's version of events.

Call a Harford County Sex Offense Defense Attorney Today

A third- or fourth-degree sexual offense charge in Maryland can reshape your entire future if it is not handled with the seriousness it deserves. At Baltimore Legal Services, our Northern Baltimore County criminal defense lawyer is ready to hear your side of the story and start building your defense right away. We offer free consultations and 24/7 availability. Call 858-523-8423 now.