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1979
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MARVIN MANDEL, Governor
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372.
"Machine gun" as used in this subtitle, means a
weapon, of any description, by whatever name known,
loaded or unloaded, from which more than one shot or
bullet may be automatically discharged from a magazine,
by a single function of the firing device.
"Crime of violence" applies to and includes any of
the following crimes or an attempt to commit any of the
same, namely, murder of any degree, manslaughter,
kidnapping, rape IN ANY DEGREE, mayhem, assault to do
great bodily harm, robbery, burglary, housebreaking,
breaking and entering and larceny.
"Person" applies to and includes firm, partnership,
association or corporation.
410.
All murder which shall be committed in the
perpetration of, or attempt to perpetrate, any rape IN
ANY DEGREE, SEXUAL OFFENSE IN THE FIRST OR SECOND DEGREE,
sodomy, mayhem, robbery, burglary, kidnapping as defined
in sections 337 and 338 of this article, storehouse
breaking as defined in sections 32 and 33 of this
article, or daytime housebreaking as defined in section
30(b) of this article, or in the escape or attempt to
escape from the Maryland Penitentiary, the house of
correction, the Baltimore City jail, or from any jail or
penal institution in any of the counties of this State,
shall be murder in the first degree.
433.
[Nothing contained in this] THIS subtitle [shall]
MAY NOT abrogate or IN ANY DEGREE effect any existing law
defining or prohibiting the crime of abduction or rape,
IN ANY DEGREE as contained in §§ 1, 2, [461, 462 and 464]
462 AND 463 of this article.
463.
(a) A person is guilty of rape in the second
degree if the person engages in vaginal intercourse with
another person:
(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].
(b) Any person violating the provisions of this
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