|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
PARRIS N. GLENDENING, Governor Ch. 26
|
|
|
|
|
|
|
|
|
|
(2) EXCEPT AS PROVIDED IN § 3-307(A)(4) OF THIS SUBTITLE, A SEXUAL
ACT WITH ANOTHER IF THE VICTIM IS 14 OR 15 YEARS OLD, AND THE PERSON
PERFORMING THE SEXUAL ACT IS AT LEAST 4 YEARS OLDER THAN THE VICTIM; OR
(3) EXCEPT AS PROVIDED IN § 3-307(A)(5) OF THIS SUBTITLE, VAGINAL
INTERCOURSE WITH ANOTHER IF THE VICTIM IS 14 OR 15 YEARS OLD, AND THE
PERSON PERFORMING THE ACT IS AT LEAST 4 YEARS OLDER THAN THE VICTIM.
(B) PENALTY.
A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF THE MISDEMEANOR OF
SEXUAL OFFENSE IN THE FOURTH DEGREE AND ON CONVICTION IS SUBJECT TO
IMPRISONMENT NOT EXCEEDING 1 YEAR OR A FINE NOT EXCEEDING $1,000 OR BOTH.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, § 464C.
In this section and throughout this subtitle, the reference to "against the
will" is deleted as included in the reference 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) and (3) of this section, references to the "victim" are
substituted for the former references to "another person" and the "other
person" for clarity and consistency within this subtitle.
Defined terms: "Person" § 1-101
"Sexual act" § 3-301
"Sexual contact" § 3-301
"Vaginal intercourse" § 3-301
3-309. ATTEMPTED RAPE IN THE FIRST DEGREE.
(A) PROHIBITED.
A PERSON MAY NOT ATTEMPT TO COMMIT RAPE IN THE FIRST DEGREE.
(B) PENALTY.
A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A FELONY AND ON
CONVICTION IS SUBJECT TO IMPRISONMENT NOT EXCEEDING LIFE.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, § 464F(b), as it applied to attempted rape in
the first degree.
Defined term: "Person" § 1-101
3-310. ATTEMPTED RAPE IN THE SECOND DEGREE.
(A) PROHIBITED.
A PERSON MAY NOT ATTEMPT TO COMMIT RAPE IN THE SECOND DEGREE.
|
|
|
|
|
|
|
|
|
|
- 265 -
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
 |
