Sexual Abuse of a Minor Defense in Baltimore

Charge-Specific Defense for Allegations Involving a Minor

A Sexual Abuse of a Minor charge turns on both the alleged conduct and the accused person’s relationship to the minor. At T. Wray McCurdy, P.A., we defend people facing these accusations in Baltimore, whether they have been contacted during an investigation or already arrested or charged.

An accusation can prompt a law-enforcement investigation before formal charges are filed. We help clients understand the accusation, determine the current stage of the case, and decide how to respond to interview requests and other developments. Our criminal defense representation addresses serious sex-crime allegations without treating an accusation as proof.

Our practice also includes:

• Rape and statutory rape
• Sexual offenses in all four degrees
• Child pornography offenses
• Sexting charged under child pornography statutes
• Online solicitation or luring of minors
• Prostitution or solicitation

Call (410) 834-8466 to discuss the investigation or charge with our criminal defense team.

Former-Prosecutor Insight for Allegations Involving Minors

Our team includes two former prosecutors and has handled more than 22,000 cases. T. Wray McCurdy served as an Assistant State’s Attorney for Baltimore County. That prosecutorial background informs how we assess the state’s evidence and strategy.

T. Wray McCurdy has practiced law since 1984. Our firm is also AV Preeminent-rated by Martindale-Hubbell, a peer-review rating recognizing high professional ability and ethical standards. We apply that experience to the factual, evidentiary, and legal questions that cases involving minors can present.

Maryland’s Sexual Abuse of a Minor Law

Maryland Criminal Law § 3-602 applies when a parent or another person with permanent or temporary care, custody, or supervisory responsibility for a minor causes sexual abuse to that minor. It can also apply when the accused is a family or household member. This relationship element distinguishes the charge from other Maryland sex offenses.

The statute defines sexual abuse as an act involving sexual molestation or exploitation of a minor, whether or not the minor sustains physical injuries. The definition includes:

• Incest
• Rape
• A sexual offense in any degree
• Any other sexual conduct that’s a crime

Child molestation is a common descriptive term, but it isn’t the name of a separate Maryland statutory charge. Sexual Abuse of a Minor is the specific offense defined in § 3-602 when the required care, custody, supervisory, family, or household relationship is alleged. Conduct involving a minor may instead be charged under another statute when that relationship element isn’t alleged.

Potential Felony Sentencing & Registration Consequences

A violation of Maryland Criminal Law § 3-602 is a felony punishable by up to 25 years of imprisonment. Sentencing exposure can vary based on the charges filed and how the court resolves the case.

A sentence for violating the statute may be separate from and consecutive to a sentence for another crime arising from the same act or a related child-abuse violation. The court may instead order concurrent sentences, meaning the terms are served at the same time.

Maryland uses a three-tier sex-offender-registration structure. Tier III requires lifetime registration, Tier II requires registration for 25 years, and Tier I requires registration for 15 years. The applicable requirements depend on the conviction, so a particular tier shouldn’t be assumed from the initial accusation alone.

What Can Follow an Accusation in Baltimore

A case can begin with an investigation rather than an arrest. Law enforcement may request an interview before filing formal charges, making it important to understand the status of the case and the purpose of the interview.

The process may include:

• Investigation and interview requests: Law enforcement may seek information or ask the accused person to participate in an interview.
• Arrest and arraignment: After an arrest, arraignment is the court proceeding at which the charge and plea are formally addressed.
• Discovery review: Discovery is the evidence exchanged in the criminal case and reviewed for factual and legal issues.
• Pretrial motions: Motions may ask the court to suppress evidence or dismiss a charge when supported by the circumstances and law.

Felony arraignments in Baltimore can occur at the Elijah E. Cummings Courthouse or the Clarence M. Mitchell, Jr. Courthouse. The Baltimore City State’s Attorney’s Office also operates specialized units focused on sex-offense prosecutions. We draw on our familiarity with this local pretrial process when representing people accused of sexual abuse of a minor in Baltimore.

How We Analyze a Sexual Abuse of a Minor Charge

Our review tests whether the alleged facts establish the relationship required by the statute. We examine whether the state’s theory involves care, custody, supervisory responsibility, or a qualifying family or household relationship. The analysis addresses that element as well as the alleged conduct.

We also assess the reliability and context of the evidence, including the consistency of statements, the circumstances surrounding interviews, and records that support or conflict with the accusation. Depending on the case, we may review interview records, communications, and physical evidence.

Get a Confidential Assessment of the Allegation

A prompt consultation can clarify the current stage of the case and what information is available. It also gives you an opportunity to ask questions about the accusation and the decisions ahead.

A free, confidential case evaluation is available by phone or through our contact form for people seeking child molestation defense in Baltimore. We approach the accusation as an allegation, not proof.

Call (410) 834-8466 to request your confidential case evaluation with T. Wray McCurdy, P.A.