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Ch. 26
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2002 LAWS OF MARYLAND
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(II) IS PHYSICALLY UNABLE TO RESIST, OR COMMUNICATE
UNWILLINGNESS TO SUBMIT TO, VAGINAL INTERCOURSE, A SEXUAL ACT, OR SEXUAL
CONTACT.
REVISOR'S NOTE: This subsection is new language derived without
substantive change from former Art. 27, § 461(d).
The defined term "physically helpless individual" is substituted for the
former defined term "physically helpless" for grammatical accuracy
The references to an "individual" are substituted for the former references
to a "victim" because, where the defined term "mentally defective
individual" is applicable in this subtitle, the term "victim" is used in the
substantive crime. See §§ 3-304(a)(2), 3-306(a)(2)(i), and 3-307(a)(2) of
this subtitle.
The instances of the former redundant phrase "an act of" are deleted as
implicit in the references to 'Vaginal intercourse".
(E) SEXUAL ACT.
(1) "SEXUAL ACT" MEANS ANY OF THE FOLLOWING ACTS, REGARDLESS
OF WHETHER SEMEN IS EMITTED:
(I) ANALINGUS;
(II) CUNNILINGUS;
(III) FELLATIO;
(IV) ANAL INTERCOURSE, INCLUDING PENETRATION, HOWEVER
SLIGHT, OF THE ANUS; OR
(V) AN ACT:
1. IN WHICH AN OBJECT PENETRATES, HOWEVER SLIGHTLY,
INTO ANOTHER INDIVIDUAL'S GENITAL OPENING OR ANUS; AND
2. THAT CAN REASONABLY BE CONSTRUED TO BE FOR
SEXUAL AROUSAL OR GRATIFICATION, OR FOR THE ABUSE OF EITHER PARTY.
(2) "SEXUAL ACT" DOES NOT INCLUDE:
(I) VAGINAL INTERCOURSE; OR
(II) AN ACT IN WHICH AN OBJECT PENETRATES AN INDIVIDUAL'S
GENITAL OPENING OR ANUS FOR AN ACCEPTED MEDICAL PURPOSE.
REVISOR'S NOTE: This subsection is new language derived without
substantive change from former Art. 27, § 461(e).
In paragraph (1)(iv) of this subsection, the phrase "including penetration,
however slight, of the anus" is substituted for the former, inaccurate
phrase "[p]enetration, however slight, is evidence of anal intercourse".
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