MARVIN MANDEL, Governor

1539

464C.

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

(2) IN SEXUAL CONTACT WITH ANOTHER PERSON
AGAINST THE BILL AND WITHOUT THE CONSENT OF THE OTHER
PERSON; OR

(2) IN A SEXUAL ACT WITH ANOTHER PERSON WHO

IS 15 YEARS OF AGE AND THE PERSON PERFORMING THE SEXUAL

ACT IS FOUR OR MORE YEARS OLDER THAN THE OTHER PERSON; OR

(3) IN VAGINAL__INTERCOURSE WITH ANOTHER

PERSON WHO IS 14 OR 15 YEARS OF AGE AND THE PERSON

PERFORMING THE SEXUAL ACT IS FOUR OR MORE YEARS OLDER
THAN THE OTHER PERSON.

(B)    ANY PERSON VIOLATING THE PROVISIONS OF THIS
SECTION IS GUILTY OF A MISDEMEANOR AND UPON CONVICTION
IS SUBJECT TO IMPRISONMENT FOR A PERIOD OF NOT MORE THAN
ONE YEAR, OR A FINE OF NOT MORE THAN $1,000, OR BOTH FINE
AND IMPRISONMENT.

464D.

A PERSON MAY NOT BE PROSECUTED UNDER SECTIONS 462,

463, 464B, AND 464C OF THIS SUBHEADING IF THE VICTIM IS
THE PERSON'S LEGAL SPOUSE AT THE TIME OF THE COMMISSION
OF THE ALLEGED RAPE OR SEXUAL OFFENSE UNLESS THE PARTIES

ARE LIVING SEPARATE AND APART PURSUANT TO A DECREE OF

DIVORCE A MENSA ET THORO.

464E.

UNDEFINED WORDS OR PHRASES IN THIS SUBHEADING WHICH
DESCRIBE ELEMENTS OF THE COMMON LAW CRIME OF RAPE SHALL
RETAIN THEIR JUDICIALLY DETERMINED MEANING EXCEPT TO THE

EXTENT EXPRESSLY OR BY IMPLICATION CHANGED IN THIS

SUBHEADING.

SECTION 3. AND BE IT FURTHER ENACTED, That
[[Section 465]] Sections 465, 553 and 554 of Article 21 -
Crimes and Punishments, of the Annotated Code of Maryland
(1971 Replacement Volume and 1975 Supplement) be and [[it
is]] they are hereby repealed and reenacted, with
amendments, to read as follows:

Article 27 — Crimes and Punishments

465.

[Wherever any female shall be] IF A PERSON IS
transported by any means, with the intent to violate [§§
461, 462 and 464 of this article] THIS [[SUBTITLE]]
SUBHEADING and the [said] intent [shall be] IS followed
by actual violation of [any of the said sections] THIS
[[SUBTITLE]] SUBHEADING, the circuit court of any county