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Ch. 26
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2002 LAWS OF MARYLAND
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to a person "defi[ing]", "corrupt[ing]", or "poison[ing]" a water supply or
foodstuffs are deleted as unnecessary in light of the broad references to
"contaminat[ing]" those materials.
Also in subsections (a) and (b) of this section, the former references to a
person "conniving!" to contaminate water, food, or drink are deleted as
included within the references to "conspiring]" to contaminate them.
In subsection (c) of this section, the former reference to a person on
conviction being subject to imprisonment "in the penitentiary" is deleted
for consistency within this article. Currently, inmates are sentenced to the
custody of a unit such as the Division of Correction and then are placed in
a particular facility. See CS § 9-103.
Also in subsection (c) of this section, the former reference to imprisonment
"in the discretion of the court" is deleted as implicit in the establishment of
a maximum penalty.
Defined term: "Person" § 1-101
SUBTITLE 3. SEXUAL CRIMES.
3-301. DEFINITIONS.
(A) IN GENERAL.
IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS INDICATED.
REVISOR'S NOTE: This subsection formerly was Art. 27, § 461(a).
In this section, the references to this "subtitle" are substituted for the
former references to this "subheading", although this subtitle is derived, in
part, from material outside of that contained in the former "Sexual
Offenses" subheading in Article 27. Because the material revised in this
subtitle that was not contained in the former "Sexual Offenses"
subheading does not use the terms defined in this section in a manner
contrary to the meanings set forth here, no substantive change results.
No other changes are made.
(B) MENTALLY DEFECTIVE INDIVIDUAL.
"MENTALLY DEFECTIVE INDIVIDUAL" MEANS AN INDIVIDUAL WHO SUFFERS
FROM MENTAL RETARDATION OR A MENTAL DISORDER, EITHER OF WHICH
TEMPORARILY OR PERMANENTLY RENDERS THE INDIVIDUAL SUBSTANTIALLY
INCAPABLE OF:
(1) APPRAISING THE NATURE OF THE INDIVIDUAL'S CONDUCT;
(2) RESISTING VAGINAL INTERCOURSE, A SEXUAL ACT, OR SEXUAL
CONTACT; OR
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- 254 -
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