1538

LAWS OF MARYLAND

Ch. 573

(1) BY FORCE OR THREAT OF FORCE AGAINST THE
WILL AND WITHOUT THE CONSENT OF THE OTHER PERSON; OR

(2) WHO IS MENTALLY DEFECTIVE, MENTALLY

INCAPACITATED, OR PHYSICALLY HELPLESS, AND THE PERSON

PERFORMING THE ACT KNOWS OR SHOULD REASONABLY KNOW THE
OTHER PERSON IS MENTALLY DEFECTIVE, MENTALLY
INCAPACITATED, OR PHYSICALLY HELPLESS: OR

(3) UNDER 15 YEARS OF AGE AND THE PERSON

PERFORMING THE SEXUAL ACT IS FOUR OR MORE YEARS OLDER

THAN THE VICTIM.

(B) ANY PERSON VIOLATING THE PROVISIONS OF THIS

SECTION IS GUILTY OF A FELONY AND UPON CONVICTION IS

SUBJECT TO IMPRISONMENT FOR A PERIOD OF NOT MORE THAN 20
YEARS.

464B.

(A) A PERSON IS GUILTY OF A SEXUAL OFFENSE IN THE
THIRD DEGREE IF THE PERSON ENGAGES IN SEXUAL CONTACT:

(1)    WITH ANOTHER PERSON AGAINST THE WILL AND
WITHOUT THE CONSENT OF THE OTHER PERSON, AND:

(I) EMPLOYS OR DISPLAYS A DANGEROUS OR
DEADLY WEAPON OR AN ARTICLE WHICH THE OTHER PERSON
REASONABLY CONCLUDES IS A DANGEROUS OR DEADLY WEAPON; OR

(II) INFLICTS SUFFOCATION,

STRANGULATION, DISFIGUREMENT OR SERIOUS PHYSICAL INJURY
UPON THE OTHER PERSON OR UPON ANYONE ELSE IN THE COURSE
OF COMMITTING THAT OFFENSE; OR

(III)   THREATENS OR PLACES THE VICTIM IN
FEAR THAT THE VICTIM OR ANY PERSON KNOWN TO THE VICTIM
WILL BE IMMINENTLY SUBJECTED TO DEATH, SUFFOCATION.
STRANGULATION, DISFIGUREMENT, SERIOUS PHYSICAL INJURY, OR
KIDNAPPING; OR

(IV)   COMMITS THE OFFENSE AIDED AND
ABETTED BY ONE OR MORE OTHER PERSONS; OR

(2)    WITH ANOTHER PERSON WHO IS MENTALLY

DEFECTIVE, MENTALLY INCAPACITATED, OR PHYSICALLY
HELPLESS, AND THE PERSON KNOWS OR SHOULD REASONABLY KNOW
THE OTHER PERSON IS MENTALLY DEFECTIVE, MENTALLY
INCAPACITATED, OR PHYSICALLY HELPLESS; OR

(3)    WITH ANOTHER PERSON WHO IS UNDER 14
YEARS OF AGE AND THE PERSON PERFORMING THE SEXUAL CONTACT
IF FOUR OR MORE YEARS OLDER THAN THE VICTIM.

(B) ANY PERSON VIOLATING THE PROVISIONS OF THIS

SECTION IS GUILTY OF A FELONY AND UPON CONVICTION IS

SUBJECT TO IMPRISONMENT FOR A PERIOD OF NOT MORE THAN 10
YEARS.