Brune, C. J.,
delivered the opinion of the Court.
The appellant was convicted by the Circuit Court for St. Mary’s County under an indictment charging assault “with intent to commit an unnatural sexual act, * * * to wit, Sodomy.” No question was raised as to the sufficiency of the indictment and it was conceded that the charge consisted of simple assault.
On the evening of April 30, 1955, State Trooper John E. Koons was patrolling Great Mills Road in St. Mary’s County when he noticed the appellant’s car turn from the highway onto a small private road. His suspicions aroused, he drove into the private road and pulled up behind the appellant’s automobile which was parked there. From this point the Trooper observed the appellant and the prosecuting witness with their heads together on the right front seat of the appellant’s car. When the appellant noticed the Trooper’s automobile, he moved over under the steering wheel and started to pull away. The Trooper flashed his spotlight on the appellant’s car and ordered him to stop. The appellant brought his car to a stop, and obeying the Trooper’s order, he and the prosecuting witness got out of the car. The Trooper noticed that the front of the pants of the prosecuting witness was open and that his underwear was showing.
[159]*159At the trial the appellant denied any improper conduct. According to the prosecuting witness, who was fifteen years old at the time of the offense, he met the appellant at a Leonardtown tavern where the appellant asked him to take a ride with him to get something to eat at a certain restaurant. On the way the appellant drove into the private road, where Trooper Koons followed them, and stopped the car. The appellant then reached over and “unzipped” the prosecuting witness’ pants and proposed an act of oral perversion, offering the prosecuting witness money if he would allow him to proceed. The prosecuting witness had previously submitted on several occasions to similar perverted acts on his person by the appellant in return for money. The prosecuting witness clearly offered no resistance to the improper advances by the appellant.
The appellant’s main contention is that the consent of the prosecuting witness constituted a defense to the crime charged.
The courts which have dealt with the effect of consent as a defense to a charge of criminal assault have divided criminal assault into two general types. A criminal assault which tends to bring about a breach of the public peace is treated as a crime against the public generally, and therefore the consent of the victim is no defense. On the other hand, a criminal assault which is not accompanied by the threat of serious hurt or breach of the public peace is treated as a crime against the., person, and the consent of the person assaulted is held to be a good defense, since the absence of consent is an essential element of the offense. 4 Am. Jur., Assault and Battery, Secs. 83, 89; 6 C. J. S., Assault and Battery, Sec. 90; Note, 15 L. R. A. 853; Wharton, Criminal Law, 12th Ed., vol. 1, Sec. 835; Russell on Crime, 10th Ed., Vol. 1, p. 760; R. v. Donovan [1934], 2 K.B. 498.
In determining whether or not the offense here charged is of the type first mentioned, which tends to bring about a breach of the public peace, we think that our statutes dealing with the prevention of juvenile crime are pertinent. By Code (1951), Article 26, Sec. 52, the Circuit Courts of most of the Counties of this State, including St. Mary’s County, are vested with jurisdiction over juvenile causes and “original, [160]*160exclusive jurisdiction to try, subject to the right of trial by jury unless waived, * * * any parent, guardian or other adult for any wilful act or omission * * * tending to cause any condition bringing a child within the jurisdiction of the court * * (Emphasis supplied.) Sec. 54 of the same Article subjects any adult found guilty of any such act or omission to punishment by fine not exceeding $500 or imprisonment for not more than two years, or both.
The conduct of the prosecuting witness in the present case clearly would subject him to the jurisdiction of the Circuit Court for St. Mary’s County as a “delinquent child” under the provisions of Article 26, Secs. 51 and 52 of the Code (1951). Though there is a difference in the age limits for the jurisdiction of a juvenile court in different parts of the State, a fifteen year old boy would fall within the jurisdiction of a juvenile court anywhere in the State. Equally clearly, the conduct of the appellant in inducing this boy to engage in perverted practices would subject him to the pun-' ishment provided for in the above sections of Article 26.
In the light of the public policy embodied in these statutes dealing with juvenile delinquency and those who contribute thereto, we conclude that this assault is of a type which constitutes a crime against the public generally, for which the consent of the fifteen year old prosecuting witness affords no defense.
The New York Court of Appeals in People v. Gibson, 232 N. Y. 458, 134 N. E. 531, in dealing with a similar problem took a similar view. In that case the defendant was convicted of an assault upon a girl fifteen years of age. It was alleged that the defendant placed his hands upon the victim tending to the provocation of sexual intercourse. The girl freely consented to these acts of the defendant. The court affirmed the conviction in a split decision (4-3) on two grounds. The first was that she was below the age of consent. The second, which is here pertinent, was that since the impairment of a child’s morals was a statutory crime, the “Consent is no defense to such a charge.” The Court also held that the fact that the impairment of a child’s morals was an independent offense did not preclude the prosecution for assault.
[161]*161This New York decision was cited with approval in State v. Chicorelli, 129 Conn. 601, 30 A. 2d 544, 545, where the defendant was convicted under a statute punishing indecent assault and providing that cohsent of the person assaulted shall not be a defense. The defendant contended on appeal that the absence of consent was an element of an indecent assault, and therefore the statute was contradictory. The Supreme Court of Connecticut, in refuting this contention, commented: “Indeed, in view of the nature of the offense, it may well be questioned whether consent would justify a disregard of the invasion of the public welfare and morality of the state which would be caused by the acts forbidden, even in the absence of the statutory provision.”
Our view as to the effect of Sections 51, 52 and 54 of Article 26 of the Code (1951) is not impaired by the absence of any statute declaring an assault with intent to commit sodomy a crime or specifying a penalty therefor. Such an assault was held in Davis v. State, 3 Harris & J. 154, to be punishable either at common law or under a local statute, Acts of 1793, Chapter 57, Section 10, formerly in force in Baltimore County, which was held to impose a penalty for such an offense. The majority opinion states that: “As the judgment of the Court may be either at common law, or under the Act of Assembly, the conclusion [of each of the two counts of the indictment] contra formam statuti,
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Brune, C. J.,
delivered the opinion of the Court.
The appellant was convicted by the Circuit Court for St. Mary’s County under an indictment charging assault “with intent to commit an unnatural sexual act, * * * to wit, Sodomy.” No question was raised as to the sufficiency of the indictment and it was conceded that the charge consisted of simple assault.
On the evening of April 30, 1955, State Trooper John E. Koons was patrolling Great Mills Road in St. Mary’s County when he noticed the appellant’s car turn from the highway onto a small private road. His suspicions aroused, he drove into the private road and pulled up behind the appellant’s automobile which was parked there. From this point the Trooper observed the appellant and the prosecuting witness with their heads together on the right front seat of the appellant’s car. When the appellant noticed the Trooper’s automobile, he moved over under the steering wheel and started to pull away. The Trooper flashed his spotlight on the appellant’s car and ordered him to stop. The appellant brought his car to a stop, and obeying the Trooper’s order, he and the prosecuting witness got out of the car. The Trooper noticed that the front of the pants of the prosecuting witness was open and that his underwear was showing.
[159]*159At the trial the appellant denied any improper conduct. According to the prosecuting witness, who was fifteen years old at the time of the offense, he met the appellant at a Leonardtown tavern where the appellant asked him to take a ride with him to get something to eat at a certain restaurant. On the way the appellant drove into the private road, where Trooper Koons followed them, and stopped the car. The appellant then reached over and “unzipped” the prosecuting witness’ pants and proposed an act of oral perversion, offering the prosecuting witness money if he would allow him to proceed. The prosecuting witness had previously submitted on several occasions to similar perverted acts on his person by the appellant in return for money. The prosecuting witness clearly offered no resistance to the improper advances by the appellant.
The appellant’s main contention is that the consent of the prosecuting witness constituted a defense to the crime charged.
The courts which have dealt with the effect of consent as a defense to a charge of criminal assault have divided criminal assault into two general types. A criminal assault which tends to bring about a breach of the public peace is treated as a crime against the public generally, and therefore the consent of the victim is no defense. On the other hand, a criminal assault which is not accompanied by the threat of serious hurt or breach of the public peace is treated as a crime against the., person, and the consent of the person assaulted is held to be a good defense, since the absence of consent is an essential element of the offense. 4 Am. Jur., Assault and Battery, Secs. 83, 89; 6 C. J. S., Assault and Battery, Sec. 90; Note, 15 L. R. A. 853; Wharton, Criminal Law, 12th Ed., vol. 1, Sec. 835; Russell on Crime, 10th Ed., Vol. 1, p. 760; R. v. Donovan [1934], 2 K.B. 498.
In determining whether or not the offense here charged is of the type first mentioned, which tends to bring about a breach of the public peace, we think that our statutes dealing with the prevention of juvenile crime are pertinent. By Code (1951), Article 26, Sec. 52, the Circuit Courts of most of the Counties of this State, including St. Mary’s County, are vested with jurisdiction over juvenile causes and “original, [160]*160exclusive jurisdiction to try, subject to the right of trial by jury unless waived, * * * any parent, guardian or other adult for any wilful act or omission * * * tending to cause any condition bringing a child within the jurisdiction of the court * * (Emphasis supplied.) Sec. 54 of the same Article subjects any adult found guilty of any such act or omission to punishment by fine not exceeding $500 or imprisonment for not more than two years, or both.
The conduct of the prosecuting witness in the present case clearly would subject him to the jurisdiction of the Circuit Court for St. Mary’s County as a “delinquent child” under the provisions of Article 26, Secs. 51 and 52 of the Code (1951). Though there is a difference in the age limits for the jurisdiction of a juvenile court in different parts of the State, a fifteen year old boy would fall within the jurisdiction of a juvenile court anywhere in the State. Equally clearly, the conduct of the appellant in inducing this boy to engage in perverted practices would subject him to the pun-' ishment provided for in the above sections of Article 26.
In the light of the public policy embodied in these statutes dealing with juvenile delinquency and those who contribute thereto, we conclude that this assault is of a type which constitutes a crime against the public generally, for which the consent of the fifteen year old prosecuting witness affords no defense.
The New York Court of Appeals in People v. Gibson, 232 N. Y. 458, 134 N. E. 531, in dealing with a similar problem took a similar view. In that case the defendant was convicted of an assault upon a girl fifteen years of age. It was alleged that the defendant placed his hands upon the victim tending to the provocation of sexual intercourse. The girl freely consented to these acts of the defendant. The court affirmed the conviction in a split decision (4-3) on two grounds. The first was that she was below the age of consent. The second, which is here pertinent, was that since the impairment of a child’s morals was a statutory crime, the “Consent is no defense to such a charge.” The Court also held that the fact that the impairment of a child’s morals was an independent offense did not preclude the prosecution for assault.
[161]*161This New York decision was cited with approval in State v. Chicorelli, 129 Conn. 601, 30 A. 2d 544, 545, where the defendant was convicted under a statute punishing indecent assault and providing that cohsent of the person assaulted shall not be a defense. The defendant contended on appeal that the absence of consent was an element of an indecent assault, and therefore the statute was contradictory. The Supreme Court of Connecticut, in refuting this contention, commented: “Indeed, in view of the nature of the offense, it may well be questioned whether consent would justify a disregard of the invasion of the public welfare and morality of the state which would be caused by the acts forbidden, even in the absence of the statutory provision.”
Our view as to the effect of Sections 51, 52 and 54 of Article 26 of the Code (1951) is not impaired by the absence of any statute declaring an assault with intent to commit sodomy a crime or specifying a penalty therefor. Such an assault was held in Davis v. State, 3 Harris & J. 154, to be punishable either at common law or under a local statute, Acts of 1793, Chapter 57, Section 10, formerly in force in Baltimore County, which was held to impose a penalty for such an offense. The majority opinion states that: “As the judgment of the Court may be either at common law, or under the Act of Assembly, the conclusion [of each of the two counts of the indictment] contra formam statuti, is not improper; and the crime intended to be committed, being only an aggravation of the assault, it is sufficiently set forth in the manner it is stated.” Judge Nicholson concurred in the judgment of the majority, though he disagreed with the reasoning of the majority on another question. Judge Polk dissented without opinion. Section 10 of Chapter 57 of the Acts of 1793 was superseded by Section 4 of Chapter 138 of the Acts of 1809, which does not mention assault with intent to commit sodomy; but the Act of 1809 does not appear to have come into effect prior to the decision of the Davis case in 1811 and is not referred to therein.1 The ques[162]*162tion of the effectiveness of consent as negativing an assault is the same when the offense is considered as a common-law offense as it would have been under such a statute as Chapter 57 of the Acts of 1793, which made no mention of consent. (We may note in passing that the Acts of 1793, Chapter 57, was never in force in St. Mary’s County. This is an additional reason for regarding the statutory change effected by the Acts of 1809, Chapter 138, as of little, if any, significance in the instant case.) We think that our modem statutes dealing with juvenile delinquents and with adults who contribute to their delinquency have established the public policy of this State applicable to this case as making the consent of a child subject to those laws unavailable as a defense to such a charge of assault as is here presented. The sub-title of Article 26 of the Code dealing with “Juvenile Causes”, which includes Sections 51, 52 and 54, is applicable to St. Mary’s County. There are comparable provisions applicable to each of the Counties exempted from the operation of that sub-title, to the City of Baltimore, which is also exempted, and to Prince George’s County, which is not enumerated among the exempted Counties but has a Public Local Law dealing with the subject.2
Also, according to a majority of American jurisdictions, the consent of the victim, who is below the age of consent to rape, to an assault with intent to rape is no defense. These de[163]*163cisions are generally reasoned on grounds of the public policy objection to consent of these innocent victims providing an excuse for the conduct of such offenders. State v. Roby, 194 Iowa 1032, 188 N. W. 709; People v. Parker, 74 Cal. App. 540, 241 P. 401; Murphy v. State, 120 Ind. 115, 22 N. E. 106; People v. Goulette, 82 Mich. 36, 45 N. W. 1124; State v. Allison, 24 S. D. 622, 124 N. W. 747; Note, 81 A. L. R. 599.
In so holding that consent in this case is no defense to the charge of assault with intent to commit an unnatural sexual act, we realize that there are contrary decisions. McDermett v. United States (D. C. Mun. App.), 98 A. 2d 287; Commonwealth v. Shrodes, 354 Pa. 70, 46 A. 2d 483. We find the reasoning of People v. Gibson, supra, more persuasive.
The appellant further contends that he was convicted on the uncorroborated testimony of the prosecuting witness who freely consented to his acts. Without deciding whether the prosecuting witness was an accomplice under the holdings in Gregoire v. State, 211 Md. 514, 128 A. 2d 243, Coleman v. State, 209 Md. 379, 121 A. 2d 254, Watson v. State, 208 Md. 210, 117 A. 2d 549, and the cases there cited, there was abundant corroborating testimony provided by State Trooper Koons. He testified that when he pulled up behind the appellant’s car he saw the heads of both parties together on the right side of the automobile; that when the appellant noticed the Trooper’s car pulling up he attempted to escape; and that the prosecuting witness’ clothes were in the state of disarray already described when he got out of the appellant’s car. All these facts tend to support the prosecuting witness5' version of what occurred, and we consider them ample corroboration.
Judgment affirmed, with costs.