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The State was still going to prosecute the case but neither the prosecutor, nor the girls’ parents wanted his life ruined.Ultimately, I was able to work out a deal for probation before judgment which will allow him to have the matter expunged in 3 years.It was only then that my client found out that she was 15.Even then he believed he was protected because the girl had admitted that she lied about her age and even admitted to having shown him her sister’s driver’s license.(Note: under the sexual child abuse statute it is unlawful to engage in sexual conduct with a child under the age of 18 if the adult has temporary or permanent custody of the child.This subject is covered in greater detail in another blog).The girl was still in the room and was in fact in bed and naked.The police separated the two for questioning and both admitted that they had engaged in consensual intercourse.
The girl had advised my client that she was 18 from when he first met her and by her appearance, she could easily pass for that age.
Maryland Criminal Attorney– This is a legal question that I am asked quite often, mostly by young men.
The answer to the question is contained in the trite but partly true expression that “15 will get you 20”.
The law states that if an adult 4 years or more older than the child under 16, engages in sexual conduct with that child, he is guilty – period.
There is no knowledge or intent requirement under this statute hence the standard – strict liability.
The problem was having a conviction for a fourth degree sex offense and the possibility that the judge might require him register as a sex offender, which is within the court’s discretion on convictions for fourth degree sex offense (sex offender registration is mandatory for all other sex offenses).