WICOMICO COUNTY DEPARTMENT OF SOCIAL SERVICES v. B.A.

WICOMICO COUNTY DEPARTMENT OF SOCIAL SERVICES v. B.A.
Court of Appeals, McDonald, July 12, 2016,
Sexual Abuse (Civil)- FL 5-701 – Sexual abuse by one with temporary responsibility for a child must involve sexually exploitative conduct (or act specifically to facilitate same) during the period of responsibility.

(Dissent – Adkins – civil statute should be considered ambiguous, and therefore expanded in light of legislative intent)
(Dissent – Watts joined by Harrell, anything done during period of responsibility that assists in grooming for sexual exploitation should qualify regardless of demonstrated intent)

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Douglas Bey v. State

DOUGLAS FORD BEY II v. STATE OF MARYLAND
Court of Special Appeals, Harrell, June 29, 2016,
Course of Conduct with Child – CR 3-315 – “Course of conduct” can not be sub-divided where continuous; unit of prosecution is one course of conduct per victim

(Concur – Friedman – Statute is ambiguous and would rely on Rule of Lenity in merging sentence)
Affirmed by CoA
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