Legal Question in Family Law in Maryland

sex laws

I wanted info on sodomy laws in my state


Asked on 4/10/02, 7:41 pm

1 Answer from Attorneys

G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: sex laws (Sodomy)

The following are excerpts of Maryland law. Consult the police if you suspect an illegal act.

@ 5-701. Definitions ... (2) "Sexual abuse" includes: ...(i) incest, rape, or sexual offense in any degree;(ii) sodomy; and

(iii) unnatural or perverted sexual practices.

@ 553. Sodomy generally ...Every person convicted of the crime of sodomy shall be sentenced to the

penitentiary for not more than ten years.

@ 554. Unnatural or perverted sexual practices

Every person who is convicted of taking into his or her mouth the sexual

organ of any other person or animal, or who shall be convicted of placing his or

her sexual organ in the mouth of any other person or animal, or who shall be

convicted of committing any other unnatural or perverted sexual practice with

any other person or animal, shall be fined not more than one thousand dollars ($

1,000.00), or be imprisoned in jail or in the house of correction or in the

penitentiary for a period not exceeding ten years, or shall be both fined and

imprisoned within the limits above prescribed in the discretion of the court.

And in any indictment for the commission of any of the acts, hereby declared

to be offenses, it shall not be necessary to set forth the particular unnatural

or perverted sexual practice with the commission of which the defendant may be

And in any indictment for the commission of any of the acts, hereby declared

to be offenses, it shall not be necessary to set forth the particular unnatural

or perverted sexual practice with the commission of which the defendant may be

charged, nor to set forth the particular manner in which said unnatural or

perverted sexual practice was committed, but it shall be sufficient if the

indictment set forth that the defendant committed a certain unnatural and

perverted sexual practice with a person or animal, as the case may be.

ANNOTATION - EVIDENCE OF PENETRATION SUFFICIENT. --Where testimony by the victim and

examining nurse indicated penetration, the evidence was legally sufficient for a

conviction of both first-degree rape and first-degree sexual offense involving sodomy. (Note: A considerable volume of other case

law and annotations exist).

Also see Article 27, @ 35D. CRIMES AND PUNISHMENTS, ABUSE OF CHILDREN OR VULNERABLE ADULTS.

And see Article 27, @ 35C. CAUSING ABUSE TO CHILD.

Without any further information, no more can be said. Acts of sodomy not only carry criminal penalties but are actionable

as a civil complaint. If you feel you have a civil claim, contact an attorney.

Hope this is helpful.

G. Joseph Holthaus III

(410) 799-9002

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Answered on 4/11/02, 3:25 pm


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