UNITED STATES OF AMERICA v. OSMIN ALFARO
US Court of Appeals for the Fourth Circuit, Traxler, August 29, 2016,
Sentencing – Maryland conviction for 3rd-Degree Sex Offense under CR 3-307(a)(1) qualified as a “crime of violence” (forcible sex offense) and thus the sentencing enhancement was proper

Case Summary: Alfaro was convicted of 3rd Degree Sex Offense (CR 3-307(a)(1)) in MD in 2003 and deported in 2008. In 2014, he was charged with illegal re-entry and received an enhanced sentence for having a prior “crime of violence.” He claimed that Sex-3 was not a “crime of violence” under federal law. The Court disagreed.
Note- “Forcible sex offenses” are included in the federal definition of “crime of violence.”
Note – Sex-3 has 2 basic varieties: aggravated sexual contact and statutory, age-based offenses.
Note – Sexual Contact is an intentional touching of either the victim’s or actor’s genital, anal, or other intimate area for sexual arousal or gratification, or for the abuse of either party.
Note- Under federal law, sexual contact with another without consent is a “forcible sex offense.”
From the case– Alfaro argued that Sex-3 wasn’t a “sex offense” because it doesn’t require “an intent to gratify sexual urges.”

Note: “Forcible sex offense” doesn’t require “an intent to gratify sexual urges,” as rape doesn’t require that it be done to gratify sexual urges and rape is the “most serious of all forcible sex offenses.”