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Ch. 26
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2002 LAWS OF MARYLAND
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ELEMENT OF COMMON-LAW RAPE RETAINS ITS JUDICIALLY DETERMINED MEANING,
EXCEPT TO THE EXTENT IT IS EXPRESSLY OR IMPLIEDLY CHANGED IN THIS
SUBTITLE.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, § 464E.
The reference to an undefined "word or phrase" is substituted for the
former reference to undefined "words or phrases" in light of Art. 1, § 8,
which provides that the singular generally includes the plural. Similarly,
the reference to an "element" is substituted for the former reference to
"elements".
The reference to this "subtitle" is substituted for the former reference 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 deal with
the elements of rape at common law or otherwise, no substantive change
results.
The former redundant reference to the "crime of" rape is deleted as
surplusage.
3-303. RAPE IN THE FIRST DEGREE.
(A) PROHIBITED.
A PERSON MAY NOT:
(1) ENGAGE IN VAGINAL INTERCOURSE 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) PENALTY.
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