PARRIS N. GLENDENING, Governor                             S.B. 618

(3) As to any other similar instruction, solely because of the nature of the
charge.

COMMITTEE NOTE (COMMITTEE TO REVISE ARTICLE 27): The revision of
the assault laws repeals the statutory crimes of assault with intent to rape and assault with
intent to commit sexual offense. Attempted rape and attempted sexual offense are made
felonies under § 464F of this subheading by the revision.

464F. ATTEMPTED RAPE OR SEXUAL OFFENSE.

(A)    A PERSON WHO ATTEMPTS TO COMMIT RAPE IN THE SECOND DEGREE OR
SEXUAL OFFENSE IN THE SECOND DEGREE IS GUILTY OF A FELONY AND ON
CONVICTION IS SUBJECT TO IMPRISONMENT FOR NOT MORE THAN 20 YEARS.

(B)     A PERSON WHO ATTEMPTS TO COMMIT RAPE IN THE FIRST DEGREE OR
SEXUAL OFFENSE IN THE FIRST DEGREE IS GUILTY OF A FELONY AND ON
CONVICTION IS SUBJECT TO IMPRISONMENT FOR NOT MORE THAN LIFE.

COMMITTEE NOTE (COMMITTEE TO REVISE ARTICLE 27): The
Committee to Revise Article 27 of the Annotated Code recommends that attempted rape
and attempted sexual offense in the first and second degrees be made felonies in order to
indicate the seriousness of these crimes and to provide that there be no statute of
limitations for these offenses. No other changes are intended.

486.

Every person convicted of the crime of robbery OR ATTEMPT TO ROB, or as
accessory thereto before the fact, IS GUILTY OF A FELONY, shall restore the thing robbed
or taken to the owner, or shall pay to him the full value thereof, and be sentenced to [the
penitentiary for not less than three nor] IMPRISONMENT FOR NOT more than [ten] 15
years.

COMMITTEE NOTE (COMMITTEE TO REVISE ARTICLE 27): The
Committee recommends that attempted robbery and attempted robbery with a dangerous
or deadly weapon be made felonies in order to indicate the seriousness of these crimes
and to provide that there be no statute of limitations for these offenses. The reference to
"the penitentiary" is stricken as obsolete since sentencing currently is to the local jail or
to the Division of Correction, depending on the length of the sentence, under the
provisions of Article 27, § 690.

Although the current law appears to provide for a mandatory minimum penalty of 3
years, under the provisions of Article 27, § 643, a judge is given discretion not to impose
the minimum penalty. In addition, there is no mandatory minimum penalty for armed
robbery under § 488, which provides for a penalty of not more than 20 years
imprisonment. In light of this, the Committee recommends that the language ostensibly
providing for a mandatory minimum of 3 years be stricken.

In addition, the Committee recommends that the maximum penalty for robbery be
increased from 10 to 15 years in order to make the penalty for this offense the same as the
current penalty for theft over $300.

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