ROBERT L. EHRLICH, JR., Governor                             Ch. 524

CHAPTER 524
(House Bill 923)

AN ACT concerning

Sexual Offenses - No Means No Spousal Defense

FOR the purpose of prohibiting a person from engaging in vaginal intercourse with
another without the consent of the other; prohibiting a person from engaging in
a sexual act with another without the consent of the other; defining a certain
term; providing for certain criminal penalties; repealing modifying provisions
relating to a certain spousal defense; providing that a person may be prosecuted
under a certain subtitle for a crime against a certain victim under certain
circumstances; and generally relating to sexual offenses.

BY repealing and reenacting, with amendments,
Article - Criminal Law
Section 3 301 and 3 307 3-318
Annotated Code of Maryland
(2002 Volume and 2003 Supplement)

BY repealing

Article—Criminal Law

Section 3-318

Annotated Code of Maryland

(2002 Volume and 2003 Supplement)

BY adding to

Article—Criminal Law

Section 3-318

Annotated Code of Maryland

(2002 Volume and 2003 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Criminal Law

3-301.

(a) In this subtitle the following words have the meanings indicated.

(B) "FORCE" DOES NOT REQUIRE PROOF THAT A VICTIM PHYSICALLY
RESISTED, BUT OTHERWISE RETAINS ITS JUDICIALLY DETERMINED MEANING.

[(b)] (C) "Mentally defective individual" means an individual who suffers from
mental retardation or a mental disorder, either of which temporarily or permanently
renders the individual substantially incapable of:

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