United States v. Cabrera-Umanzor, 728 F.3d 347, 352 (4th Cir. Aug. 26, 2013) (the inclusion in Maryland offense of causing abuse to a child, under Md. Code, art. 27, 35C, of a nonexclusive list of possible ways of satisfying the elements of the offense does not thereby become a divisible statute, where the list is not composed of elements of the offense).

The court reasoned:

The government insists, however, that 35C is divisible. As the government notes, 35C defines sexual abuse to include sexual offense in any degree. See Md.Code, art. 27, 35C (a)(6)(ii)(1) (Sexual abuse includes, but is not limited to ... [i]ncest, rape, or sexual offense in any degree ). In the government's view, the incorporation of these state-law sex crimes creates additional categories of child sexual abuse"for example, sexual abuse through the commission of rape or sexual abuse through the commission of a sexual offense. And because at least some of the incorporated offenses are categorically crimes of violence for purposes of U.S.S.G. 2L1.2, see Chacon, 533 F.3d at 258 (second-degree sexual offense under Maryland law constitutes a conviction for forcible sex offense), the government argues that the statute is divisible into crimes-of-violence categories and that the modified categorical approach was therefore properly applied. We disagree.

As the Supreme Court emphasized in Descamps, the central feature of both the categorical approach and its helper, the modified categorical approach, is a focus on the elements, rather than the facts, of a crime. Descamps, 133 S.Ct. at 2285. The elements of the crime of sexual abuse of a child are those previously listed"an act involving sexual molestation or sexual exploitation of a minor, by a person with the requisite familial or custodial relationship to the minor. See Schmitt, 63 A.3d at 643. The crimes listed in 35C(6)(ii) are merely illustrative, Walker, 69 A.3d at 1084, 2013 WL 3456566, at *14, and they simply provide[ ] examples of acts that come within [the statutory] definition, Tribbitt, 943 A.2d at 1266. The crimes, therefore, are not elements of the offense, but serve only as a non-exhaustive list of various means by which the elements of sexual molestation or sexual exploitation can be committed.FN2 See Crispino v. State, 417 Md. 31, 7 A.3d 1092, 1102"03 (2010). And as alternative means rather than elements, the listed crimes are simply irrelevant to our inquiry. See Descamps, 133 S.Ct. at 2285 n. 2.