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ROBERT L. EHRLICH, JR., Governor
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Ch. 4
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(1) engage in vaginal intercourse with another by force, or the threat of
force, without the consent of the other; and
(2) (i) employ or display a dangerous weapon, or a physical object that
the victim reasonably believes is a dangerous weapon;
(ii) suffocate, strangle, disfigure, or inflict serious physical injury
on the victim or another in the course of committing the crime;
(iii) threaten, or place the victim in fear, that the victim, or an
individual known to the victim, imminently will be subject to death, suffocation,
strangulation, disfigurement, serious physical injury, or kidnapping;
(iv) commit the crime while aided and abetted by another; or
(v) commit the crime in connection with a burglary in the first,
second, or third degree.
(b) A person may not violate subsection (a) of this section while also violating
§ 3-503(a)(2) of this title involving a victim who is a child under the age of 16 years.
(C) A PERSON AT LEAST 18 YEARS OLD MAY NOT VIOLATE OR ATTEMPT TO
VIOLATE SUBSECTION (A) OF THIS SECTION INVOLVING A VICTIM WHO IS UNDER THE
AGE OF 13 YEARS.
[(c)](D) (1) Except as provided in paragraphs (2) [and], (3), AND (1) of this
subsection, a person who violates subsection (a) of this section is guilty of the felony of
rape in the first degree and on conviction is subject to imprisonment not exceeding
life.
(2) A person who violates subsection (b) of this section is guilty of the
felony of rape in the first degree and on conviction is subject to imprisonment not
exceeding life without the possibility of parole.
(3) A person who violates this section is guilty of the felony of rape in the
first degree and on conviction is subject to imprisonment not exceeding life without
the possibility of parole if the defendant was previously convicted of violating this
section or § 3-305 of this subtitle.
(4) (I) SUBJECT TO SUBPARAGRAPH (III) OF THIS PARAGRAPH, A
PERSON WHO VIOLATES SUBSECTION (C) OF THIS SECTION IS GUILTY OF THE
FELONY OF RAPE IN THE FIRST DEGREE AND ON CONVICTION IS SUBJECT TO
IMPRISONMENT FOR NOT LESS THAN 35 YEARS AND NOT EXCEEDING LIFE WITHOUT
THE POSSIBILITY OF PAROLE.
(II) A COURT MAY NOT SUSPEND ANY PART OF THE MANDATORY
MINIMUM SENTENCE OF 25 YEARS.
(III) EXCEPT AS PROVIDED IN § 4-305 OF THE CORRECTIONAL
SERVICES ARTICLE, A PERSON SENTENCED UNDER THIS PARAGRAPH IS NOT
ELIGIBLE FOR PAROLE IN LESS THAN 25 YEARS.
- 29 -
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