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Ch. 26
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PARRIS N. GLENDENING, Governor
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(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.
A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF THE FELONY OF SEXUAL
OFFENSE 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 FOR 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, § 464.
In this section and throughout this subtitle, the references to "against the
will" are deleted as included in the references to "without 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, the references to the "victim"
are substituted for the former references to the "other person" for clarity
and consistency within this subtitle.
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
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- 261 -
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