1252

LAWS OF MARYLAND

[Ch. 252

(I)    THE DEFENDANT COMMITTED THE MURDER
AT A TIME WHEN HE WAS CONFINED OR UNDER SENTENCE OF
CONFINEMENT TO ANY CORRECTIONAL INSTITUTION IN THIS
STATE;

(II)   THE DEFENDANT COMMITTED THE MURDER
IN FURTHERANCE OF AN ATTEMPT TO ESCAPE FROM OR EVADE THE
LAWFUL CUSTODY, ARREST, OR DETENTION OF OR BY A LAW
ENFORCEMENT OFFICER, CORRECTIONAL OFFICER, OR GUARD;

(III)  THE VICTIM WAS A HOSTAGE TAKEN OR
ATTEMPTED TO BE TAKEN IN THE COURSE OF A KIDNAPPING OF AN
ATTEMPT TO KIDNAP;

(IV)   THE VICTIM WAS A CHILD ABDUCTED IK
VIOLATION OF SECTION 2 OF THIS ARTICLE;

(V)    THE DEFENDANT COMMITTED THE MURDER
PURSUANT TO AN AGREEMENT OR CONTRACT TO COMMIT THE MURDER
FOR PECUNIARY GAIN;

(VI)   AT THE TIME OF THE MURDER, THE
DEFENDANT WAS UNDER A SENTENCE OF LIFE IMPRISONMENT[[.]];

(VII)  THE DEFENDANT COMMITTED MORE THAN
ONE OFFENSE OF MURDER IN THE FIRST DEGREE ARISING OUT OF
THE SAME OR SEPARATE INCIDENTS;

(VIII)   THE DEFENDANT COMMITTED THE
MURDER WHILE COMMITTING OR ATTEMPTING TO COMMIT ROBBERY.

(C)    EVERY PERSON CONVICTED OF AIDING, ABETTING, OR
COUNSELLING THE COMMISSION OF ANY MURDER SPECIFIED IN
SUBSECTION (A) OR (B) SHALL BE SENTENCED TO LIFE
IMPRISONMENT.

(D)    A DEATH SENTENCE MAY NOT BE SUSPENDED, AND NO
OTHER PENALTY IN LIEU OF THE DEATH PENALTY MAY BE IMPOSED
UPON CONVICTION OF A MURDER IN THE FIRST DEGREE SPECIFIED
IN SUBSECTION (B).

461.

Every person convicted of a crime of rape or as being
accessory thereto before the fact shall[, at the
discretion of the court, suffer death, or] be sentenced
to confinement in the penitentiary for [the period of his
natural life, or undergo a confinement in the
penitentiary for] not less than eighteen months nor more
than [twenty-one years] THE PERIOD OF HIS NATURAL LIFE;
and penetration shall be evidence of rape, without proof
of emission.

462.