This is a declaratory judgment action concerning personal liability insurance coverage for a pedophile who was sued for sexual child abuse. We shall hold that the exclusion for injuries expected or intended by the insured applies, *779 despite the pedophile’s subjective belief that his conduct caused no harm.
Petitioner, Gloria Pettit (Pettit), as mother and next friend of her two minor sons, sued James Kowalski (Kowalski) in the Circuit Court for Prince George’s County alleging, purportedly under several theories of negligence, that Kowalski had sexually molested the boys. The amended complaint averred that Kowalski became acquainted with the Pettit family in April of 1991. When the boys’ father died approximately one year later, Kowalski began to spend more time with, take care of, and supervise the Pettit children. Between April 1, 1991, and May 25, 1993, Kowalski engaged in sexual activities with the Pettit children at his residences in Maryland and Virginia, including fondling, undressing, masturbating, and performing oral sex. He encouraged and permitted others to molest the boys. Kowalski also videotaped these activities. The boys were seven and nine years old at the time the abuse began.
During that twenty-six-month span, Kowalski was insured under four separate policies issued by the respondent, Erie Insurance Exchange (Erie). Those policies are: (1) Q520105754, an Erie HomeProtector Policy 2003 Extracover Edition; (2) Q55-2704047, an Erie HomeProtector Policy 2003 Extracover Edition running consecutively to the first; (3) Q41-0180158, an Erie Ultrasure Policy for Landlords; and (4) Q53-0108729, an Erie 2004 Tenantcover Policy. The policies listed (1), (2), and (4) each contain a provision which excludes liability coverage for “injury or damage expected or intended by anyone we protect.” The policy listed (3) excludes liability coverage for “injury or damage expected or intended from the standpoint of anyone we protect.”
Kowalski demanded that Erie defend him in the action brought by Pettit. Erie instead filed an action seeking a judgment declaring that Erie had no duty to indemnify or defend Kowalski as his acts of sexual abuse were intentional, and thus excluded under the “intentional injury” provision found in each of Kowalski’s policies. Kowalski, Pettit, and the two children were named as defendants in the declaratory *780 judgment action. The underlying tort action has been stayed pending the outcome of the action that is now before us.
The circuit court concluded on summary judgment that the intentional injury provisions in the policies excluded adult sexual molestation of children as a matter of law, and it entered an order declaring the rights of the parties to that effect. A divided panel of the Court of Special Appeals affirmed.
Pettit v. Erie Ins. Exch.,
Erie is entitled to a summary judgment declaring that it has no duty to defend Kowalski only if it is manifestly clear that in the underlying tort suit the petitioner cannot allege facts giving rise to a potentiality of coverage.
See Brohawn v. Transamerica Ins. Co.,
Such a situation has arisen here. In the underlying tort suit, petitioner, as plaintiff, alleged that the defendant Kowalski had
“committed] fellatio and oral sex with the minor Plaintiffs with injury; undressed the minor Plaintiffs, and exposed himself to the minor Plaintiffs; ... fondl[ed] the minor Plaintiffs; and filmed these pedophile activities, all of which was for the purpose of [Kowalski’s] self gratification and satisfaction of [his] sexual fantasies as a pedophile.”
In this declaratory judgment case, however, petitioner attempts to characterize that very same activity as Kowalski’s failure to refrain from unreasonable conduct, to warn of his pedophilia, and to take reasonable precautions to protect children in his care from a risk of harm. Such characterizations were rejected in Atwood, 1
In
Harpy v. Nationwide Mut. Fire Ins. Co.,
In the instant action the Court of Special Appeals relied heavily on its decision in
Harpy
and demonstrated that
Harpy
is in accord with the overwhelming majority of decisions elsewhere on the issue.
Pettit,
I
First, petitioner contends that
Harpy
involved “violent unconsensual rape,” but characterizes the conduct engaged in by Kowalski as “involv[ing] many forms of consensual conduct ... normally reserved for adult relationships.” Brief of “Ap
*783
pellants” at 36. Under Maryland Code (1957, 1996 Repl.Vol.), Art. 27, § 464A(a)(3) a person is guilty of a second degree sexual offense who “engages in a sexual act with another person ... [u]nder 14 years of age and the person performing the sexual act is four or more years older than the victim.”
2
Under § 464B(a)(3) a person is guilty of a third degree sexual offense who engages in “[s]exual contact with another person who is under 14 years of age and the person performing the sexual contact is four or more years older than the victim.”
3
Some of Kowalski’s conduct amounts to a sexual act in violation of § 464A(a)(3) and other of Kowalski’s conduct violates § 464B(a)(3).
See Martin v. State,
Under either section, Kowalski’s seven and nine year old victims could not have legally consented to the sexual activities. Both §§ 464A and 464B contain a subsection (a)(1), in which the respective offenses apply if the criminal behavior is “against the will and without the consent of the other person.” Unlike subsection (a)(1), however, subsection (a)(3) of each statute contains no such requirement, and a purported consent by the victim is no defense.
Moreover, petitioner’s use of the word “violent” to differentiate
Harpy
from the instant case is similarly inappropriate. Child sexual abuse is an affront to the dignity of the child—an invasion of the child’s autonomy—because a child cannot appreciate or comprehend the full nature of the sexual acts.
See Doe v. Archdiocese of Washington,
114 Md.App.
*784
169, 186,
II
Petitioner’s principal contention is that Kowalski had no subjective intent to harm his victims. 4 In support petitioner points to the uncontradieted affidavit of Dr. Neil H. Blumberg, a psychiatrist who, based on a review of Kowalski’s medical records, concluded that Kowalski “suffered from a mental disorder known as pedophilia” and that “he did not have the intent to harm these two children.” The affiant stated that
“[t]his disorder is not characterized by intent to injure or harm their sexual partner. To the contrary, it is motivated by their own need for sexual gratification and is based upon their belief that their relationship and sexual activity with the child is healthy and normal.”
*785
Petitioner submits that, in deciding if there is insurance coverage, whether an injury is expected or intended by the insured is determined by the insured’s subjective intent. Although petitioner acknowledges that Kowalski intended to engage in the conduct constituting sexual acts and contacts, the submission is that Erie’s policies cover such conduct because Kowalski subjectively believed that the sexual acts and contacts were not harmful to the children. Legal support for this position, petitioner asserts, is found in
Allstate Ins. Co. v. Sparks,
Erie does not join issue with petitioner over whether injury expected or intended by the insured ordinarily is determined by the insured’s subjective intent. Further, Erie does not seek to distinguish its policy that excludes for injury expected or intended “from the standpoint of’ the insured from the policies that do not include the quoted language. Erie’s position is that in cases of sexual molestation of a child by an adult, the conduct is intentional as a matter of law for the purpose of construing an intentional conduct exclusion in an insurance policy. Thus, the subjective belief of the insured as to whether harm was intended is immaterial.
Petitioner’s repeated reliance upon
Sparks
is misplaced. In that case, three youths attempted to siphon gasoline at night from a truck parked near a mill. One of the boys, displaying “an extraordinary lack of good judgment,” lit a cigarette lighter in order to provide some light. The flame ignited gas fumes and resulted in a fire which destroyed the mill and virtually everything inside. In a declaratory judgment action brought by the insurer of one of the boys it was held that there was a potentiality of coverage.
Sparks,
*786
Petitioner also misreads the holding of this Court in
Bailer.
There, the insured secretly videotaped his au pair while she was in the shower. The insured had been issued a policy which, as here, contained an intentional act exclusion. The policy in
Bailer,
however, also contained a specific provision
including
coverage for liability resulting from “invasion of privacy.”
Bailer,
Indeed, one aspect of
Bailer
has particular relevance to the petitioner’s argument in this case. In an attempt to argue that its policy was unambiguous, Erie contended that this Court should “distinguish[ ] between intended means and an unintended or unexpected result.”
Id.
at 528,
Similarly, in the instant case, sexual molestation is a tort which is only committed intentionally. There is no dichotomy between the “damages” resulting from Kowalski’s conduct and his intent to perform the acts of sexual child abuse. Unlike
Sparks,
the harm committed by Kowalski—sexual molestation of two young boys—is entirely contained within the activity which he admits; the resulting harm
is
Kowalski’s conduct itself.
See Doe,
*787
Prior to the instant matter, Maryland appellate courts have not considered whether pedophilia is relevant to one’s capacity to form intent under traditional tort principles. Other jurisdictions which have addressed this question, however, have concluded that it is not.
See State Farm Fire & Cas. Co. v. Jenner,
Wiseman v. Leming,
“This Court, in agreeing with other jurisdictions, finds that the defendant’s acts of child molestation in this case, which are proscribed by our criminal statutes due to the heinous nature of such acts, are inherently harmful to the victim of the crime. Therefore, it can be inferred from these acts that the defendant intended to harm the victim. In so holding, this Court finds that the subjective intent of the defendant is irrelevant.”
Id. at 329.
The cases on the issue before us are collected in a law review article, C.L. Mueller, Comment, Ohio Homeowners Beware: Your Homeowner’s Insurance Premium May Be Subsidizing Child Sexual Abuse, 20 U. Dayton L.Rev. 341 (1994). The author, after referring to three decisions upholding the position advocated by the petitioner in the instant case, gives the following summary:
“These earlier decisions were based, in part, on a desire to compensate the victim. Subsequent decisions, however, either have not followed, or have overturned these earlier decisions. Since 1982, courts in at least thirty-three states have decided that the intent to injure is inferred as a matter of law from the intent to commit child sexual abuse. Thus, in these states, the child sexual abuser’s homeowner’s insurance company does not have a duty to indemnify the insured.”
Id.
at 346 (footnotes omitted). The Mueller law review article was prompted by a split on the issue among Ohio intermediate appellate courts.
Id.
at 347 n. 31. Subsequent to the Mueller article the Supreme Court of Ohio adopted the majority rule.
See Cuervo v. Cincinnati Ins. Co.,
*789 III
Petitioner’s third attempt at distinguishing this claim from the majority rule is to claim that the specific policy at issue in the instant case “involves different issues of contract construction and interpretation.” Brief of “Appellants” at 37. Specifically, petitioner claims that Erie could have included the “sexual molestation exclusion” found in some of its other policies and thereby expressly excluded from coverage acts such as those committed by Kowalski. 6 Erie tells us that the sexual molestation exclusion was not approved by the Insurance Commissioner for use in Maryland until after the period during which the subject abuse occurred. 7 We shall treat these positions as presenting a factual dispute, but it is not a material one. See Maryland Rule 2-501(a).
*790 Petitioner’s contract construction argument is that Erie’s failure to use a “sexual molestation” exclusion in the policies issued to Kowalski reflects an intent to provide coverage for sexual molestation. Such an inference requires as its predicate the notion that a “sexual molestation” exception—if such conduct were already prohibited under a general provision excluding all intentional torts—would be impermissibly redundant.
This inference does not flow logically. As the Court of Special Appeals noted in this case, “liability insurance policies often contain both broad exclusions and specific exclusions that overlap.”
Pettit,
Many factors underlie the commercial reality that insurance policies often contain specific exclusions for conduct also excluded under a more general provision. Among these is the policy that ambiguous insurance contracts are to be construed against the insurer. Insurance companies have an interest in drafting policies with as few ambiguities as possible; therefore, it is likely that they would include “redundant” exclusions so as to reduce the possibility of doubt that the activity in question is excluded. See 9 G.J. Couch, Couch on Insurance § 127.28, at 127-60 (3d ed. 1997) (The purpose of a specific policy provision addressing sexual claims is to make the intentions of the parties “plainer.”).
The absence of a “redundant” exclusion is not evidence that the behavior is covered, so long as the policy is not, in fact, ambiguous. Erie’s policies in the instant case are not.
JUDGMENT OF THE COURT OF SPECIAL APPEALS AFFIRMED. COSTS TO BE PAID BY PETITIONER, GLORIA PETTIT. .
CHASANOW, J., concurs in the result only.
Notes
. Petitioner analogizes to two cases,
Faya v. Almaraz,
. Article 27, § 461(e) provides: " ‘Sexual act’ means cunnilingus, fellatio, analingus, or anal intercourse, but does not include vaginal intercourse. Emission of semen is not required.”
. "Sexual contact” is defined by Art. 27, § 461(f) as including "the intentional touching of any part of the victim's or actor’s anal or genital areas or other intimate parts for the purposes of sexual arousal or gratification.”
. Kowalski's affidavit, in relevant part, reads:
"2. During my care and supervision of [the Pettit children], I did not intend nor expect to injure [the Pettit children]. To the contrary, at all times, I provided care and supervision for these two children with the intent and expectation to aid, comfort and assist them.... Contrary to intending or expecting to injure [the Pettit children], my course of conduct, clearly demonstrates that I routinely provided care and supervision of these children with the intent and expectation to aid, care, comfort and support them at all times. In fact, prior to May 25, 1993, I designated [the Pettit children] as beneficiaries of my Will because I love them so much.
"3. I love these children and any sexual behavior or conduct the . children and I engaged in were mutual and consensual expressions of our love for each other.”
. Two of the three earlier cases referred to by Mueller are cited by the petitioner in the instant matter. One is
State Auto Mut. Ins. Co. v.
*789
McIntyre,
. Note here that this argument contains an implicit admission that insurance companies and courts can successfully identify instances of "sexual molestation” for purposes of excluding it from coverage. This admission refutes petitioner’s absurd argument advanced on brief and in oral argument that a decision in favor of Erie would create a regime in which "every time an adult kisses a child or touches their genitalia (i.e. while changing their diaper), it is substantially certain that injury is intended or expected to occur.” Brief of "Appellants” at 25. Obviously, the law is capable of drawing distinctions between molestation for the purpose of sexual gratification and affection.
. The record contains a HomeProtector policy, 2004 Tenantcover edition, which insures against personal liability arising out of the "business pursuits of educators while employed by others, including corporal punishment of pupils.” The provision is an exception to the general exclusion for bodily injury or property damage arising out of business pursuits. The policy further excludes, except as to business pursuits of educators, “bodily injury or property damage which arises out of the sexual molestation, corporal punishment or physical or mental abuse by anyone we protect.”
