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Ch. 26
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PARRIS N. GLENDENING, Governor
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A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF THE FELONY OF RAPE IN
THE FIRST DEGREE AND ON CONVICTION IS SUBJECT TO:
(1) IMPRISONMENT NOT EXCEEDING LIFE; OR
(2) IF THE PERSON IS CONVICTED IN THE SAME PROCEEDING OF
VIOLATING § 3-503(A)(2) OF THIS ARTICLE AND THE VICTIM WAS A CHILD UNDER THE
AGE OF 16 YEARS, IMPRISONMENT NOT EXCEEDING LIFE WITHOUT THE POSSIBILITY
OF PAROLE.
(C) REQUIRED NOTICE.
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 TRIAL.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, § 462.
In this section and throughout this subtitle, references to "against the will"
are deleted as included in the references to "without the consent". The
Court of Appeals has determined that "against the will" and "without the
consent" are synonymous in the law of rape. See, e.g., State v. Rusk, 289
Md. 230 (1981).
In subsection (a)(2)(i) and (ii) of this section, references to the "victim" are
substituted for the former references to the "other person" for clarity and
consistency within this section.
In subsection (a)(2)(i) of this section, the reference to a "physical object" is
substituted for the former word "article" for clarity.
Also in subsection (a)(2)(i) of this section, the word "believes" is substituted
for the former word "concludes" for clarity.
Also in subsection (a)(2)(i) of this section, the former references to a
"deadly weapon are deleted as included in the references to a "dangerous"
weapon.
In subsection (a)(2)(iii) of this section, the reference to "an individual"
known to the victim is substituted for the former reference to "any person",
because only a human being may suffer death, strangulation,
disfigurement, serious physical injury, or kidnapping.
In subsection (a)(2)(iv) of this section, the reference to "another" is
substituted for the former reference to "one or more other persons", for
clarity and in light of Art. 1, § 8, which provides that the singular generally
includes the plural.
Defined terms: "Person" § 1-101
"Vaginal intercourse" § 3-301
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- 259 -
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