Md. Code, Criminal Law § 3-301.1
This is the official text of Md. Code, Criminal Law § 3-301.1, part of Maryland’s Code, Criminal Law — defines crimes and punishments in Maryland.
Not legal advice. This page reproduces the official text of a government statute for reference only. Laws change, and how a statute applies depends on your specific facts. For advice about your situation, consult a licensed attorney in your state.
§3–301.
Official statutory text
§3–301.1.
(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(2) consent may be withdrawn before or during vaginal intercourse, a sexual act, or sexual contact;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.
(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(2) consent may be withdrawn before or during vaginal intercourse, a sexual act, or sexual contact;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.
Status: in_force · Read it on the official government site
Dealing with a criminal defense matter in Maryland?
See all Maryland Criminal Defense lawyers
About this page: Statute text is reproduced from official government publishers via the
Open US Law dataset
(Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine
(Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.