Ch. 189

LAWS OF MARYLAND

(iii) Threatens or places the victim in fear
that the victim or any person known to the victim will be
imminently subjected to death, suffocation, strangulation,
disfigurement, serious physical injury, or kidnapping; or

(iv) Commits the offense aided and abetted by
one or more other persons; or

(2)  With another person who is mentally defective,
mentally incapacitated, or physically helpless, and the person
knows or should reasonably know the other person is mentally
defective, mentally incapacitated, or physically helpless; or

(3)  With another person who is under 14 years of age
and the person performing the sexual contact is four or more
years older than the victim.

(b) Any person violating the provisions of this section is
guilty of a felony and upon conviction is subject to imprisonment
for a period of not more than 10 years.

464C.

(a)  A person is guilty of a sexual offense in the fourth
degree if the person engages:

(1)   In sexual contact with another person against the
will and without the consent of the other person; or

(2)   In a sexual act with another person who is 14 or
15 years of age and the person performing the sexual act is four
or more years older than the other person; or

(3)  In vaginal intercourse with another person who is
14 or 15 years of age and the person performing the act is four
or more years older than the other person.

(b)  Any person violating the provisions of this section is
guilty of a misdemeanor and upon conviction is subject to
imprisonment for a period of not more than one year, or a fine of
not more than $1,000, or both fine and imprisonment.

464D.

(A)  EXCEPT AS PROVIDED IN SUBSECTIONS (B), (C), AND (D) OF
THIS SECTION, A [A] person may not be prosecuted under §§ 462,
463, 464B, and 464C of this subheading if the victim is the
person's legal spouse at the time of the commission of the
alleged rape or sexual offense [unless the parties are living
separate and apart pursuant to a decree of limited divorce].

(B)  A PERSON MAY BE PROSECUTED UNDER §§ 462(A), 463(A)(1),
AND 464B(A)(1)(I) AND (II) OF THIS SUBHEADING FOR AN OFFENSE

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