I'm not a lawyer, but the way I read it, it means the perp did one of two things:

1 - Sexual contact without consent of victim. or
2 - Vaginal intercourse with victim.

Since it sounds like the kid "consented", it sounds like he's being charged under definition #2.

Edited to point out: the semi-colon can be used to separate two distinct but related items, as seem to be the case in this statute.

GO

edit cuz I actually read what it said this time.

The 1st step in analizing any legal hypothesis, is to make a gramatical and semantic interpretation of the text itself. Let's dissect the paragraph:

4th degree sexual offense: ...

a) Sexual contact (i.e. intentionally touching genitalia, the anus or other intimate area. Does not penetration with penis or mouth) without consent of victim. Does not specify age, so it'a applicable to any case of unwanted sexual touching.

b) sexual act (differentiated from sexual contact) with victim 14 or 15 and perpetrator 4 years older.

c) Vaginal intercourse with victim 14 or 15 and perpetrator 4 years older. Here, the age <4 year age difference between the offender and the (consenting) victim, is an extenuating circumstance.

Observe the use of a colon in the paragraph. Colons can be used to distinguish between 2 separate but related axioms.

Dear Members,

This has been a rough few weeks for many of us. As you know, two Earth Treks employees were charged with varying degrees of criminal sexual behavior with a minor. You probably have read the news stories, been asked about this by friends and witnessed the sadness of the Earth Treks staff. While this is an ongoing investigation, I want to answer some of the most common questions.

What is the extent of the investigation? At this point in the investigation (approximately 3 weeks), charges have been brought against two male staff members who coached the higher level climbing teams. One male staff member, who was 19 years old at the time, was charged with 4 misdemeanor offenses—none of which are alleged to have occurred at Earth Treks. The other staff member, Michael Lyons, has been charged with 12 criminal counts, some of which are alleged to have taken place at our Columbia gym. The police investigation is ongoing, so more charges may be brought in the future. According to the police, no other staff members are under investigation and Earth Treks is not under investigation.

Could Earth Treks or the parents have prevented this? At a staff and parent meeting last Thursday, Detective Miller, the Howard County lead investigator, described the behavioral profile of adults who have sex with minors. Unfortunately, he described our situation perfectly. These adults know that what they are doing is illegal, so they hide it. They are skilled manipulators, who build impressive levels of trust in order to be above suspicion. And rarely do they have criminal records.

Michael Lyons was a coach for the U.S. National Team, both prior to coming to Earth Treks and during his 2-1/2 year tenure with us. His coaching accomplishments were impressive. The Earth Treks Team placed 4th in the nation in Bouldering and 8th in Roped Climbing this year. Respected by his peers, Michael even taught the class on appropriate relationships between coaches and athletes at last year's USA Climbing Coaches Symposium. And both Michael and the other staff member passed criminal background checks as part of their coaching responsibilities.

Both staff members were well aware of Earth Treks' policies and procedures regarding youth protection. Michael taught these to the coaching staff at trainings. As part of that training, he frequently told the story of a staff member who we fired, and banned from the gyms for life, for sending text messages to a minor. That true story was told to impress upon staff that there was no tolerance for inappropriate behavior at Earth Treks. It is our practice to ban for life all staff members who are terminated for committing severe breaches of trust. Sadly, with Michael Lyons serving as the head coach, we had the fox guarding the henhouse. The two staff members involved violated their responsibilities, our core values, our community's moral code and the law. Needless to say, their employment ended as soon as we learned of the criminal charges.

What is Earth Treks doing to prevent this from happening again? We are working with USA Climbing, the Climbing Wall Association and other national organizations to develop best practices for the climbing industry. For a dozen years we have drug tested all our staff. We have also run criminal background checks on select staff positions (summer camp staff, coaches who take youth to competitions, etc.). Our policy with regard to criminal background checks is now under review and will be guided by industry best practices. A more aggressive, holistic strategy to youth protection will be put in place. The biggest difference in our strategy will be how we convey youth protection policy, codes of conduct, and educational resources—with an emphasis on reaching as wide an audience as possible. Mike Lyons went about things in such a way to deceive his supervisors and peers as well as parents and kids. We have to make sure that everyone (staff, members, parents and kids) understands our expectations with regard to the care of youth and how to recognize the warning signs and respond if they have any concerns. Our goal is to make Earth Treks an environment that is hostile to all potential criminals.

How has this affected staff and the climbing team? We are devastated. The betrayal of our trust was so great, the crimes so repulsive, the shock so abrupt, that we were all sent into a spiral of grief. There has been a lot of crying, especially early on. Now anger is growing. All of this is a natural process, and if we are to heal, we have to work through the emotions. There have been several team parent meetings in the last two weeks. They were all emotional gatherings. As a community, we have identified and partnered with counseling groups to get help to the team members and parents most affected. We all love our children and are working hard to help them, and us, process, learn and grow from this tragedy.

What is next for the junior climbing teams? It is important for all of us to never lose sight of the powerful role that climbing plays in our lives. Climbing teaches us to be good partners, how to grow through challenges and how to co-exist in a complex, inter-generational community. The teenagers and kids on the team are becoming better people because of the environment that we've all created. You should be very proud of the role you play in creating an environment in which so much learning takes place.

We see this tragedy as an opportunity. The teams will continue (we have our first athlete competing in the Junior World Cup this summer). Climbing is short-listed for the 2020 Olympics. The sport is evolving at breakneck speed. We need this team to remain a leader in the nation. Why? Because this team should be an ambassador for all that is good about our community. Earth Treks has always been a leader. We've hosted some of the biggest and best indoor comps in the nation. Our community has produced some of the best climbers in the country. We have a proud history of pushing ourselves, and the benefits of being on the edge are felt by everyone who climbs in these gyms. The drive to be excellent fuels the creativity of our route setters, convinces us to expand during a recession and inspires the staff to treat you as a friend and fellow member of the tribe.

On behalf of all of us at Earth Treks, I want to apologize to you, for the effects that this tragedy has had on you. It is unfair that you, your community and your sport have been tarnished by the events of the past few weeks. You deserve better. Earth Treks will continue to grow. Climbing teaches us how to overcome challenges.

Thank you for your continued support,

Chris Warner
President and Proud Founder

Earth Treks didn’t deserve the negative attention that was brought on by these two individuals.

Why not?

Montague was arrested in July. He is facing four counts of committing an unnatural or perverted practice and four counts of fourth-degree sex offenses.

What on earth does that mean? Or maybe I don't want to know?

GO

In Maryland, oral sex is considered "unnatural and perverted practice". No kidding.

http://www.sodomy.org/...yland/perverted.html

In Maryland, oral sex is considered "unnatural and perverted practice". No kidding.

http://www.sodomy.org/...yland/perverted.html

Way to go Maryland.