1226

LAWS OF MARYLAND

Ch. 205

464A.

(a)    A person is guilty of a sexual offense in the
second degree if the person engages in a sexual act 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)    Under [15] 14 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.

464C.

(a)    A person is guilty of a sexual offense in the
fourth degree if the person engages:

(1)    In sexual contact with another person
against the will and without the consent of the other
person; or

(2)    In a sexual act 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; or

(3)    In vaginal intercourse with another person
who is 14 or 15 years of age and the person performing the
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.

SECTION 2. AND BE IT FURTHER ENACTED, That the
provisions of this Act are applicable only to offenses
committed after the effective date of this Act; and the
repeal or amendment by this Act of crimes and offenses
existing prior to the effective date of this Act does not
preclude the prosecution of persons who, prior to the
effective date of this Act, committed those crimes and
offenses as those crimes and offenses then existed,