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PARRIS N. GLENDENING, Governor
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Ch. 26
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(B) PENALTY.
A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A MISDEMEANOR AND
ON CONVICTION IS SUBJECT TO IMPRISONMENT NOT EXCEEDING 10 YEARS OR A
FINE NOT EXCEEDING $1,000 OR BOTH.
(C) STATUTE OF LIMITATIONS AND IN BANC REVIEW.
A PERSON WHO VIOLATES THIS SECTION IS SUBJECT TO § 5-106(B) OF THE
COURTS ARTICLE.
(D) CHARGING DOCUMENT.
AN INDICTMENT FOR A VIOLATION OF THIS SECTION:
(1) IS SUFFICIENT IF IT STATES THAT THE DEFENDANT COMMITTED AN
UNNATURAL AND PERVERTED SEXUAL PRACTICE WITH A PERSON OR ANIMAL AS
APPLICABLE; BUT
(2) NEED NOT STATE THE PARTICULAR:
(I) UNNATURAL OR PERVERTED SEXUAL PRACTICE WITH WHICH
THE DEFENDANT IS CHARGED; OR
(II) MANNER IN WHICH THE DEFENDANT COMMITTED THE
UNNATURAL OR PERVERTED SEXUAL PRACTICE.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, § 554.
In subsection (b) of this section, the phrase "guilty of a misdemeanor" is
added to state expressly that which was only implied in the former law. In
this State, any crime that was not a felony at common law and has not
been declared to be a felony by statute is considered to be a misdemeanor.
See State v. Canova, 278 Md, 483, 490 (1976); Bowser v. State, 136 Md. 342,
345 (1920); Dutton v. State, 123 Md. 373, 378 (1914); and Williams v. State,
4 Md. App. 342, 347 (1968).
Also in subsection (b) of this section, the former reference to imprisonment
"in jail or in the house of correction" is deleted in light of CS § 9-103, which
requires a judge to sentence an individual to the jurisdiction of the
Division of Correction if the individual is required to be incarcerated at a
specific State institution, and CS § 9-105, which provides that a judge only
may sentence an individual to a local correctional facility if the individual
is sentenced for less than 18 months.
Also in subsection (b) of this section, the former phrase "in the discretion of
the court" is deleted as implicit in the establishment of maximum
penalties.
In subsection (c) of this section, the reference to a violation being "subject
to § 5-106(b) of the Courts Article" is substituted for the former reference
to imprisonment "in the penitentiary" for clarity and consistency within
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- 273 -
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