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Ch. 187
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2002 LAWS OF MARYLAND
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(3) if the victim is under the age of 14 years, and the person performing
the act is at least 4 years older than the victim.
(b) (1) [A] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION, A
person who violates this section is guilty of the felony of rape in the second degree and
on conviction is subject to imprisonment not exceeding 20 years.
(2) A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF THE FELONY
OF RAPE IN THE SECOND DEGREE AND ON CONVICTION IS SUBJECT TO
IMPRISONMENT NOT EXCEEDING LIFE WITHOUT THE POSSIBILITY OF PAROLE IF:
(I) THE VICTIM WAS A CHILD UNDER THE AGE OF 16 YEARS;
(II) THE DEFENDANT WAS PREVIOUSLY CONVICTED OF VIOLATING
THIS SECTION OR §§ 3-303, 3-305, OR 3-306 § 3-303, § 3-305, OR § 3-306 OF THIS ARTICLE
AND THE VICTIM IN THE PREVIOUS VIOLATION WAS A CHILD UNDER THE AGE OF 10
YEARS.
(C) IF THE STATE INTENDS TO SEEK A SENTENCE OF IMPRISONMENT
FOR LIFE WITHOUT THE POSSIBILITY OF PAROLE UNDER SUBSECTION (B)(2) OF THIS
SECTION, THE STATE SHALL NOTIFY THE PERSON IN WRITING OF THE STATE'S
INTENTION AT LEAST 30 DAYS BEFORE THE TRIAL.
3-305.
(a) A person may not:
(1) engage in a sexual act with another by force, or the threat of force,
without the consent of the other; and
(2) (i) employ or display a dangerous weapon, or a physical object that
the victim reasonably believes is a dangerous weapon;
(ii) suffocate, strangle, disfigure, or inflict serious physical injury
on the victim or another in the course of committing the crime;
(iii) threaten, or place the victim in fear, that the victim, or an
individual known to the victim, imminently will be subject to death, suffocation,
strangulation, disfigurement, serious physical injury, or kidnapping;
(iv) commit the crime while aided and abetted by another; or
(v) commit the crime in connection with a burglary in the first,
second, or third degree.
(b) (1) [A] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION, A
person who violates this section is guilty of the felony of sexual offense in the first
degree and on conviction is subject to[:
(1) ] imprisonment not exceeding life[; or],
(2) A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF THE FELONY
OF SEXUAL OFFENSE IN THE FIRST DEGREE AND UPON ON CONVICTION IS SUBJECT
TO IMPRISONMENT NOT EXCEEDING LIFE WITHOUT THE POSSIBILITY OF PAROLE IF:
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- 1692 -
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