Ch. 524                                    2004 LAWS OF MARYLAND

(4) engage in a sexual act with another if the victim is 14 or 15 years old,
and the person performing the sexual act is at least 21 years old; [or]

(5) engage in vaginal intercourse with another if the victim is 14 or 15
years old, and the person performing the act is at least 21 years old;

(6) ENGAGE IN VAGINAL INTERCOURSE WITH ANOTHER WITHOUT THE
CONSENT OF THE OTHER; OR

(7) ENGAGE IN A SEXUAL ACT WITH ANOTHER WITHOUT THE CONSENT
OF THE OTHER.

(b) A person who violates this section is guilty of the felony of sexual offense in
the third degree and on conviction is subject to imprisonment not exceeding 10 years.

[3-318.

(a)     Except as provided in subsections (b) and (c) of this section, a person may
not be prosecuted under § 3-303, § 3-304, § 3-307, or § 3-308 of this subtitle for a
crime against a victim who was the person's legal spouse at the time of the alleged
rape or sexual offense.

(b)     A person may be prosecuted under § 3-303(a), § 3-304(a)(1), or §
3-307(a)(1)(i) and (ii)1 or 2 of this subtitle for a crime against the person's legal
spouse if:

(1)     at the time of the alleged crime the person and the person's legal
spouse have lived apart, without cohabitation and without interruption:

(i) under a written separation agreement executed by the person
and the spouse; or

(ii) for at least 3 months immediately before the alleged rape or
sexual offense; or

(2)     the person in committing the crime uses force OR THREAT OF FORCE
and the act is without the consent of the spouse.

(c)     A person may be prosecuted under § 3-303, § 3-304, § 3-307, or § 3-308 of
this subtitle for a crime against the person's legal spouse if at the time of the alleged
crime the person and the spouse live apart, without cohabitation and without
interruption, under a decree of limited divorce.]

3-318.

A PERSON MAY BE PROSECUTED UNDER THIS SUBTITLE FOR A CRIME AGAINST
A VICTIM WHO WAS THE PERSON'S LEGAL SPOUSE AT THE TIME OF THE ALLEGED
RAPE OR SEXUAL OFFENSE.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take
effect October 1, 2004.

Approved May 26, 2004.

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