WILLIAM DONALD SCHAEFER, Governor                       H.B. 471

(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.

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:

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