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Ch. 4 2006 LAWS OF MARYLAND
(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 18 YEARS OF AGE OR OLDER MAY NOT VIOLATE SUBSECTION (A)
OF THIS SECTION INVOLVING A VICTIM WHO IS A CHILD UNDER THE AGE OF 13
YEARS.
[(c)] (D) (1) Except as provided in paragraphs (2) [and], (3), AND (4) 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 18 YEARS OF AGE OR OLDER 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 25 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) IF THE STATE RAILS 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 [(c)(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.
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