State Guide
Age of Consent in Maryland
A plain-English guide to the age of consent in Maryland, cited to Md. Criminal Law § 3-307. A genuine close-in-age allowance exists for 14 and 15 year olds, and the offender’s own age changes which charge applies.
Close-in-age allowance under 4 years, ages 14–15Maryland at a glance
The core figures from this guide, in one place.
| Age of consent | 16 |
|---|---|
| Governing statute | Md. Criminal Law § 3-307 (Sexual Offense, Fourth Degree) |
| Close-in-age mechanism | Not covered if gap is under 4 years, victim 14–15 |
| Offender-age layer | Offender 21+ with a 14–15 year old is a more serious, third-degree charge |
| Related offense | Sexual offense, third degree — Md. Criminal Law § 3-307(a)(3) |
Overview
Maryland sets its age of consent at 16. Sexual activity with someone 14 or 15 is addressed by two different charges depending on the offender’s own age: a misdemeanor fourth-degree sexual offense if the offender is at least four years older but under 21, or a more serious third-degree felony if the offender is 21 or older.
Below a four-year gap, neither of these age-based provisions reaches consensual conduct with a 14 or 15 year old. This is Maryland’s genuine close-in-age allowance.
Age of consent in Maryland
Md. Criminal Law Section 3-307 makes it a fourth-degree sexual offense, a misdemeanor, to engage in a sexual act with a 14 or 15 year old where the offender is at least four years older. A separate part of the same statute makes the same conduct a third-degree felony if the offender is 21 or older. A related statute, Section 3-304, covers vaginal intercourse with a victim under 14 where the offender is at least four years older, as second-degree rape.
Close-in-age rules in Maryland
For a 14 or 15 year old victim, the outcome depends on both the age gap and the offender’s own age:
- Gap under 4 years: not covered by these age-based provisions at all.
- Gap of 4 years or more, offender under 21: fourth-degree sexual offense, a misdemeanor.
- Offender 21 or older: third-degree sexual offense, a felony, regardless of the exact size of the gap beyond that.
Exceptions and defenses
Maryland courts have held that a mistake about the victim’s age is not a defense to these offenses, established in Garnett v. State (1993). A position of authority, including school employees 21 or older and supervisors 22 or older in organized youth activities, removes any close-in-age consideration for a student or participant under 18, and consent is not a defense in those cases.
Applicable statutes
The codified Maryland law this guide is drawn from.
Practical examples
Example 1. A 15-year-old and an 18-year-old, a three-year gap. Because the gap is under four years, neither age-based provision reaches this conduct.
Example 2. A 15-year-old and a 20-year-old, a five-year gap. This meets the four-year threshold, and the offender is under 21, so fourth-degree sexual offense applies, a misdemeanor.
Example 3. A 14-year-old and a 22-year-old, an eight-year gap. Because the offender is 21 or older, third-degree sexual offense applies instead, a felony.
Frequently asked questions about Maryland
What is the age of consent in Maryland?
16. Sexual activity with a 14 or 15 year old is addressed under Md. Criminal Law Section 3-307, with the outcome depending on the age gap and the offender’s own age.
Does Maryland have a Romeo and Juliet law?
Yes, a genuine one. If the gap is under four years, these age-based provisions do not apply to a 14 or 15 year old victim at all.
Why does the offender’s own age matter, not just the gap?
Maryland grades the offense two ways: a misdemeanor if the offender is under 21, and a more serious felony if the offender is 21 or older, even for the same underlying age gap.
Does a mistaken belief about age count as a defense?
No. Maryland courts, in Garnett v. State, held that a mistake about the victim’s age is not a defense to these offenses.
Does a position of authority change anything?
Yes. School employees 21 or older and supervisors 22 or older in organized youth activities face charges regardless of the age gap, and consent is not a defense in those cases.
Official sources
Primary and official sources this guide is built from.
Two ways the charge escalates
Both the gap and the offender’s own age matter in Maryland.
| Circumstance | Outcome |
|---|---|
| Gap under 4 years | Not covered by these provisions |
| Gap 4+ years, offender under 21 | Fourth-degree sexual offense (misdemeanor) |
| Offender 21 or older | Third-degree sexual offense (felony) |
About this guide
Who wrote it, who reviewed it, and when it was last checked.
RomeoAndJulietLaw.com Editorial Team
Drafted from the Maryland Code and Maryland Court of Appeals case law, cross-checked against the Maryland People’s Law Library and multiple independent legal references.
Pending attorney review
This guide has not yet been checked by a licensed Maryland attorney. It is sourced and cited, but should not be treated as attorney-reviewed until this line is updated with a named reviewer.
Primary source for this guide
Editorial notes
This guide reflects the Maryland Code as of 26 July 2026. It has not yet been reviewed by a licensed Maryland attorney; treat it as sourced and current-as-drafted, not as attorney-verified, until the reviewer field above is updated.