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2006 LAWS OF MARYLAND
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Ch. 4
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(III) IF THE STATE FAILS TO COMPLY WITH SUBSECTION (E) OF THIS
SECTION, THE MANDATORY MINIMUM SENTENCE SHALL NOT APPLY.
[(d)] (E) If the State intends to seek a sentence of imprisonment for life
without the possibility of parole under subsection [(e)(2) or (3)] (D)(2), (3), OR (4) of this
section, OR IMPRISONMENT FOR NOT LESS THAN 25 YEARS UNDER SUBSECTION (D)(4)
OF THIS SECTION, the State shall notify the person in writing of the State's intention
at least 30 days before trial.
3-304.
(a) A person may not engage in vaginal intercourse with another:
(1) by force, or the threat of force, without the consent of the other;
(2) if the victim is a mentally defective individual, a mentally
incapacitated individual, or a physically helpless individual, and the person
performing the act knows or reasonably should know that the victim is a mentally
defective individual, a mentally incapacitated individual, or a physically helpless
individual; or
(3) if the victim is under the age of 14 years, and the person performing
the act is at least 4 years older than the victim.
(B) A PERSON AT LEAST 18 YEARS OLD MAY NOT VIOLATE OR ATTEMPT TO
VIOLATE THIS SECTION INVOLVING A VICTIM WHO IS A CHILD UNDER THE ACE OF 13
YEARS.
[(b)(C) (1) [A] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS
SUBSECTION, A person who violates this section is guilty of the felony of rape in the
second degree and on conviction is subject to imprisonment not exceeding 30 years.
(2) (I) SUBJECT TO SUBPARAGRAPH (III) OF THIS PARAGRAPH, A
PERSON WHO VIOLATES SUBSECTION (B) OF THIS SECTION IS GUILTY OF THE
FELONY OF RAPE IN THE SECOND DEGREE AND ON CONVICTION IS SUBJECT TO
IMPRISONMENT FOR NOT LESS THAN 15 5 YEARS AND NOT EXCEEDING LIFE 20
YEARS.
(II) A COURT MAY NOT SUSPEND ANY PART OF THE MANDATORY
MINIMUM SENTENCE OF 15 5 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 15 YEARS.
(III) IF THE STATE FAILS TO COMPLY WITH SUBSECTION (D) OF THIS
SECTION, THE MANDATORY MINIMUM SENTENCE SHALL NOT APPLY.
(D) IF THE STATE INTENDS TO SEEK A SENTENCE OF IMPRISONMENT FOR
NOT LESS THAN 5 YEARS UNDER SUBSECTION (C)(2) OF THIS SECTION, THE STATE
SHALL NOTIFY THE PERSON IN WRITING OF THE STATE'S INTENTION AT LEAST 30
DAYS BEFORE TRIAL.
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