|
|
|
|
|
|
|
|
|
|
|
|
|
|
ROBERT L. EHRLICH, JR., Governor Ch. 4
|
|
|
|
|
|
|
|
|
[(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 sexual offense
in the second degree and on conviction is subject to imprisonment not exceeding 20
years.
(2) (I) SUBJECT TO SUBPARAGRAPH (III) OF THIS PARAGRAPH, A
PERSON 18 YEARS OF AGE OR OLDER WHO VIOLATES SUBSECTION (B) OF THIS
SECTION IS GUILTY OF THE FELONY OF SEXUAL OFFENSE IN THE SECOND DEGREE
AND ON CONVICTION IS SUBJECT TO IMPRISONMENT FOR NOT LESS THAN 5 YEARS
AND NOT EXCEEDING 20 YEARS.
(II) A COURT MAY NOT SUSPEND ANY PART OF THE MANDATORY
MINIMUM SENTENCE OF 5 YEARS.
(III) IF THE STATE FAILS TO COMPLY WITH SUBSECTION (D) OF THIS
SECTION, THE MANDATORY MINIMUM 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.
Article - Criminal Procedure
10-215.
(a) The following events are reportable events under this subtitle that must be
reported to the Central Repository in accordance with § 10-214 of this subtitle:
(1) the issuance or withdrawal of an arrest warrant;
(2) an arrest;
(3) the release of a person after arrest without the filing of a charge;
(4) the filing of a charging document;
(5) a release pending trial or an appeal;
(6) a commitment to an institution of pretrial detention;
(7) the dismissal of an indictment or criminal information;
(8) a nolle prosequi;
(9) the marking of a charge "stet" on the docket;
(10) an acquittal, conviction, verdict of not criminally responsible, or any
other disposition of a case at or following trial, including a finding of probation before
judgment;
(11) the imposition of a sentence;
(12) a commitment to a State correctional facility or local correctional
facility;
- 77 -
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
 |
