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Session Laws, 2002
Volume 800, Page 257   View pdf image
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PARRIS N. GLENDENING, Governor
Ch. 26
Defined term: "Vaginal intercourse" § 3-301 (F) SEXUAL CONTACT. (1) "SEXUAL CONTACT", AS USED IN §§ 3-307 AND 3-308 OF THIS
SUBTITLE, MEANS AN INTENTIONAL TOUCHING OF THE VICTIM'S OR ACTOR'S
GENITAL, ANAL, OR OTHER INTIMATE AREA FOR SEXUAL AROUSAL OR
GRATIFICATION, OR FOR THE ABUSE OF EITHER PARTY. (2) "SEXUAL CONTACT" INCLUDES AN ACT: (I) IN WHICH A PART OF AN INDIVIDUAL'S BODY, EXCEPT THE
PENIS, MOUTH, OR TONGUE, PENETRATES, HOWEVER SLIGHTLY, INTO ANOTHER
INDIVIDUAL'S GENITAL OPENING OR ANUS; AND (II) THAT CAN REASONABLY BE CONSTRUED TO BE FOR SEXUAL
AROUSAL OR GRATIFICATION, OR FOR THE ABUSE OF EITHER PARTY. (3) "SEXUAL CONTACT" DOES NOT INCLUDE: (I) A COMMON EXPRESSION OF FAMILIAL OR FRIENDLY AFFECTION; OR (II) AN ACT FOR AN ACCEPTED MEDICAL PURPOSE. REVISOR'S NOTE: This subsection is new language derived without
substantive change from former Art. 27, § 461(f). In paragraph (1) of this subsection, the former reference to "any part of" a
genital, anal, or other intimate area is deleted because the specific
reference to touching a part of a genital, anal, or other intimate area is
included in the general reference to touching that area. (G) VAGINAL INTERCOURSE. (1) "VAGINAL INTERCOURSE" MEANS GENITAL COPULATION, WHETHER
OR NOT SEMEN IS EMITTED. (2) "VAGINAL INTERCOURSE" INCLUDES PENETRATION, HOWEVER
SLIGHT, OF THE VAGINA. REVISOR'S NOTE: This subsection is new language derived without
substantive change from former Art. 27, § 461(g). In paragraph (1) of this subsection, the former reference to "ordinary
meaning" is deleted as surplusage. In paragraph (2) of this subsection, the phrase "includes penetration,
however slight, of the vagina" is substituted for the former inaccurate
phrase "[p]enetration, however slight, is evidence of vaginal intercourse"
for clarity. 3-302. CONSTRUCTION OF SUBTITLE. IN THIS SUBTITLE AN UNDEFINED WORD OR PHRASE THAT DESCRIBES AN
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Session Laws, 2002
Volume 800, Page 257   View pdf image
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