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ROBERT L. EHRLICH, JR., Governor
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H.B. 822
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(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) (1) Except as provided in [paragraph (2)] PARAGRAPHS (2) AND (3) of
this subsection, a person who violates SUBSECTION (A) OF this section is guilty of the
felony of sexual offense 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 SEXUAL OFFENSE 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 sexual
offense in the first degree and on conviction is subject to imprisonment not exceeding
life without the possibility of parole if[:
(i) the person is convicted in the same proceeding of violating §
3-503(a)(2) of this title and the victim was a child under the age of 16 years; or
(ii)] the defendant was previously convicted of violating this section
or § 3-303 of this subtitle.
[(c)] (D) If the State intends to seek a sentence of imprisonment for life
without the possibility of parole under subsection [(b)(2)] (C)(2) OR (3) of this section,
the State shall notify the person in writing of the State's intention at least 30 days
before trial.
3-503.
(a) (1) A person may not, without color of right:
(i) forcibly abduct, take, or carry away a child under the age of 12
years from:
1. the home or usual place of abode of the child; or
2. the custody and control of the child's parent or legal
guardian;
(ii) without the consent of the child's parent or legal guardian,
persuade or entice a child under the age of 12 years from:
1. the child's home or usual place of abode; or
2. the custody and control of the child's parent or legal
guardian; or
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- 4243 -
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