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Current as of January 01, 2025 | Updated by Findlaw Staff
(a) In this subtitle, “consent” means the clear and voluntary agreement by an individual to engage in vaginal intercourse, a sexual act, or sexual contact.
(b) In this subtitle:
(1) the existence of consent, lack of consent, or withdrawal of consent shall be determined based on a totality of the circumstances, including the words and conduct of the victim and the defendant;
(2) consent may be withdrawn before or during vaginal intercourse, a sexual act, or sexual contact;
(3) the lack of consent may be communicated through words or conduct;
(4) a current or previous dating, social, or sexual relationship by itself does not constitute consent;
(5) submission as a result of fear, threat, or coercion does not constitute consent if the individual alleged to have performed the act in violation of this subtitle knows or reasonably should know that the victim would submit as a result of fear, threat, or coercion; and
(6) the manner of dress of an individual does not constitute consent.
(c) This section may not be construed to require documentation of consent.
Cite this article: FindLaw.com - Maryland Code, Criminal Law § 3-301.1 - last updated January 01, 2025 | https://codes.findlaw.com/md/criminal-law/md-code-crim-law-sect-3-301-1/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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