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FROM THE DEFENSE DESK / ROMEO & JULIET LAWS
16 APR 2026 · 5 MIN READ · BY TODD A. SPODEK
THE BRIEF · FILED UNDER: MARYLAND
DOCKET NO. 049 · THE DEFENSE DESK

Romeo and Juliet laws in Maryland.

Maryland sets consent at sixteen and writes a four-year gap element into its third- and fourth-degree offenses: for fourteen- and fifteen-year-olds, only actors at least four years older are inside the statutes. The gap is the charge.

Todd A. Spodek
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The Maryland baseline.

The age of consent in Maryland is sixteen. For fourteen- and fifteen-year-old partners, the sexual offense statutes (Md. Code, Crim. Law §§ 3-307, 3-308) apply where the actor is at least four years older - fourth-degree sexual offense for vaginal intercourse with a fifteen-year-old by an actor four-plus years older, third-degree where the victim is fourteen and the gap is met. Below fourteen, rape in the second degree covers actors four or more years older, carrying up to twenty years - and below that structure, the child-victim provisions take over entirely.

Four years, measured to the day.

Inside the gap, Maryland leaves the pairings alone: seventeen and fourteen, eighteen and fifteen - no offense under the age-based statutes. At the line, everything changes: nineteen and fifteen is a misdemeanor fourth-degree offense (up to one year) if the gap clears four years; twenty-three and fifteen climbs the ladder. Maryland’s quirk is that its lowest tier is a misdemeanor - unusual nationally - which makes charging decisions and plea posture different here than in felony-first states. Registration still follows many convictions, and the registry - not the sentence - is usually the fight worth having.

THE MARYLAND LINES · §§ 3-307/3-308
16+Age of consent reached.
14-15 + GAP UNDER 4 YRSOutside the statutes - the close-in-age zone.
14-15 + GAP 4+ YRSThird/fourth-degree offense - up to 10 years / 1 year by tier.
UNDER 14 + GAP 4+Rape 2nd - up to 20 years. No relief below the floor.
IF THIS IS YOUR SITUATION
Stop reading. Start defending.

What the exemption never covers.

Close-in-age rules govern one thing: consensual contact between peers. They do not touch positions of trust - teachers, coaches, clergy, and employers face separate statutes regardless of age gaps. They do not legalize images: explicit photos of anyone under 18 are child pornography under federal law, even a photo of yourself, even sent willingly between two teenagers. And they do not travel: crossing state lines changes the applicable law mid-trip, and federal statutes like § 2423 attach the moment travel or the internet is involved. The exemption is a shield for Maryland conduct only - and a narrow one.

If you or your child is charged in Maryland.

These cases begin with a phone extraction and an interview - and the interview is where they are usually lost. Say nothing, consent to nothing, and get counsel moving the same week: the age documentation, the messages showing what each person represented, and the relationship timeline all get assembled before the narrative hardens. Where the close-in-age rule applies, we make prosecutors confront it early - many of these cases are declinable on the math alone.

And because registration is the real, permanent penalty here, every decision - plea, trial, diversion - gets measured first against the registry. This firm defends these cases in state and federal court, and the first consultation is free and confidential.

Todd A. Spodek
THE AUTHOR
Todd A. Spodek
Managing partner. Second-generation federal defense lawyer - the Netflix defense, the Fox and CNN analyst chair, and two decades of federal courtrooms.
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