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MARVIN MANDEL, Governor 1987
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(1) Employs or displays a dangerous or
deadly weapon of an article which the other person
reasonably concludes is a dangerous or deadly weapon; or
(2) Inflicts suffocation, strangulation,
disfigurement, or serious physical injury upon the other
person or upon anyone else in the course of committing
the offense; or
(3) 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
(4) The person commits the offense aided and
abetted by one or more other persons.
[(2) With another person who is under 14
years of age and the person performing the act is at
least four [or more] years older than the victim] AND IN
THE PERFORMANCE OF THE ACT COMMITS ANY OF THE ACTS SET
FORTH IN SUBPARAGRAPHS (I) THROUGH (IV) IN THIS
SUBSECTION.
(b) Any person violating the provisions of this
section is guilty of a felony and upon conviction is
subject to imprisonment for no more than the period of
his natural life.
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
(3) WHO IS UNDER 14 YEARS OF AGE AND THE
PERSON PERFORMING THE ACT IS AT LEAST FOUR YEARS OLDER
THAN THE VICTIM.
(b) Any person violating the previsions of this
section is guilty of a felony and upon conviction is
subject to imprisonment for a period of not more than 20
years.
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SECTION 2. AND BE IT FURTHER ENACTED, That the
provisions of this Act are applicable only to offenses
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