Ch. 712

1994 LAWS OF MARYLAND

464.

(a) A person is guilty of a sexual offense in the first degree if the person engages
in a sexual act 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.

[490.

Persons deemed rogues and vagabonds. If any person shall be apprehended having
upon him any picklock, key, crow, jack, bit, or other implement, at places and under

circumstances from which an intent may be presumed feloniously to break and enter into
any dwelling house, warehouse, storehouse, stable, motor vehicle or outhouse, or shall
have upon him any pistol, hanger, cutlass, bludgeon, or other offensive weapon, also at
places and under circumstances from which may be presumed an intent feloniously to
assault any person, or shall be found in or upon any dwelling house, warehouse,
storehouse, stable or outhouse, or in any enclosed yard or garden or area belonging to any
house, or motor vehicle, with an intent to steal any goods or chattels, every such person
shall be deemed a rogue and vagabond, and on being convicted thereof shall be guilty of
a misdemeanor and shall be sentenced to imprisonment for not more than three years.]

COMMITTEE NOTE:

The portion of this section that relates to buildings is reflected in new § 32. The
portion of this section that relates to motor vehicles is reflected in new § 35. The portion
of this section that relates to a "pistol, hanger, cutlass, bludgeon, or other offensive
weapon" has been repealed because it is redundant in light of Article 27, § 36 of the
Code.

616 1/2.

(c) Any person charged with an offense hereinafter enumerated committed
during the time that person had been released on bail or his own recognizance for
committing an offense hereinafter enumerated, is ineligible to give bail or be released on
recognizance on the subsequent charge, until all prior charges hereunder have finally
been determined by the courts. But a person charged with a subsequent crime hereinafter
set forth, may rebut his ineligibility for release on bail before determination of the prior
charge. If, after consideration of the matters presented in rebuttal, the court hearing the
application for bail is persuaded that the applicant would not pose a danger to any other
person or to the community, and would appear at the time set for trial, the court may
allow release pending trial on suitable bail and on such other conditions as will reasonably
assure that the person charged will not flee. For the purposes of this subsection, court

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