WILLIAM DONALD SCHAEFER, Governor                           Ch. 712

This change is stylistic and conforms this section to the new burglary offenses
established in this bill. This change essentially retains the current law in this area.

410.

All murder which shall be committed in the perpetration of, or attempt to
perpetrate, any rape in any degree, sexual offense in the first or second degree, sodomy,
mayhem, robbery, [burglary,] BURGLARY IN THE FIRST, SECOND, OR THIRD DEGREE,
kidnapping as defined in §§ 337 and 338 of this article, [storehouse breaking as defined
in §§ 32 and 33 of this article, or daytime housebreaking as defined in § 30 (b) of this
article,] or in the escape or attempt to escape from the Maryland Penitentiary, the house
of correction, the Baltimore City Detention Center, or from any jail or penal institution in
any of the counties of this State, shall be murder in the first degree.

COMMITTEE NOTE:

This change is stylistic and conforms this section to the new burglary offenses
established in this bill. This change essentially retains the current law in this area.

441.

(e) The term "crime of violence" means abduction; arson in the first degree;
[burglar)', including common-law and all statutory' and storehouse forms of burglary
offenses;] BURGLARY IN THE FIRST, SECOND, OR THIRD DEGREE; escape;
[housebreaking;] kidnapping; manslaughter, excepting involuntary manslaughter;
mayhem; murder; rape; robbery; robbery with a deadly weapon; carjacking or armed
carjacking; sexual offense in the first degree; and sodomy; or an attempt to commit any of
the aforesaid offenses; or assault with intent to commit any other offense punishable by
imprisonment for more than one year.

COMMITTEE NOTE:

This change is stylistic and conforms this section to the new burglary offenses
established in this bill. This change essentially retains the current law in this area.

462.

(a) A person is guilty of rape in the first degree if the person engages in vaginal
intercourse with another person by force or threat of force against the will and without
the consent of the other person and:

(5) The person commits the offense in connection with [the breaking and
entering of a dwelling house] BURGLARY IN THE FIRST, SECOND, OR THIRD DEGREE.

COMMITTEE NOTE:

This change is primarily stylistic and is intended to conform this section to the new
burglary offenses established in this bill. However, this change also expands the current
law in this area by making this section applicable to an offense involving the breaking and
entering of a storehouse (i.e., second degree burglary) as well as an offense involving the
breaking and entering of a dwelling.

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