(a) A person may not engage in:
(1) sexual contact with another without the consent of the other;
(2) except as provided in § 3-307(a)(4) of this subtitle, a sexual act
with another if the victim is 14 or 15 years old, and the person
performing the sexual act is at least 4 years older than the victim; or
(3) except as provided in § 3-307(a)(5) of this subtitle, vaginal
intercourse with another if the victim is 14 or 15 years old, and the
person performing the act is at least 4 years older than the victim.
(b) (1) Except as provided in paragraph (2) of this subsection, a person who
violates this section is guilty of the misdemeanor of sexual offense in
the fourth degree and on conviction is subject to imprisonment not
exceeding 1 year or a fine not exceeding $1,000 or both.
(2) (i) On conviction of a violation of this section, a person who has been
convicted on a prior occasion not arising from the same incident of a
violation of §§ 3-303 through 3-312 or § 3-315 of this subtitle
or § 3-602 of this title is subject to imprisonment not exceeding 3
years or a fine not exceeding $1,000 or both.
(ii) If the State intends to proceed against a person under subparagraph (i)
of this paragraph, it shall comply with the procedures set forth in the
Maryland Rules for the indictment and trial of a subsequent offender.
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