Ch. 524                                    2004 LAWS OF MARYLAND

(1) appraising the nature of the individual's conduct;

(2) resisting vaginal intercourse, a sexual act, or sexual contact; or

(3)     communicating unwillingness to submit to vaginal intercourse, a
sexual act, or sexual contact.

[(c)] (D) "Mentally incapacitated individual" means an individual who,
because of the influence of a drug, narcotic, or intoxicating substance, or because of an
act committed on the individual without the individual's consent or awareness, is
rendered substantially incapable of:

(1)     appraising the nature of the individual's conduct; or

(2) resisting vaginal intercourse, a sexual act, or sexual contact.

[(d)] (E) "Physically helpless individual" means an individual who:

(1) is unconscious; or

(2) (i) does not consent to vaginal intercourse, a sexual act, or sexual
contact; and

(ii) is physically unable to resist, or communicate unwillingness to
submit to, vaginal intercourse, a sexual act, or sexual contact.

[(c)] (F) (1) "Sexual act" means any of the following acts, regardless of
whether semen is emitted:

(i) analingus;

(ii) cunnilingus;

(iii) fellatio;

(iv) anal intercourse, including penetration, however slight, of the
anus; or

(v) an act:

1. in which an object penetrates, however slightly, into
another individual's genital opening or anus; and

2. that can reasonably be construed to be for sexual arousal
or gratification, or for the abuse of either party.

(2) "Sexual act" does not include:

(i) vaginal intercourse; or

(ii) an act in which an object penetrates an individual's genital
opening or anus for an accepted medical purpose.

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