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Ch. 494
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Martin O'Malley, Governor
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(b) A person may not violate subsection (a) of this section while also violating
§ 3-503(a)(2) of this title involving a victim who is a child under the age of 16 years.
(c) A person 18 years of age or older may not violate subsection (a) of this
section involving a victim who is a child under the age of 13 years.
(d) (1) Except as provided in paragraphs (2), (3), and (4) of this
subsection, a person who violates subsection (a) of this section is guilty of the felony of
rape in the first degree and on conviction is subject to imprisonment not exceeding life.
(2) A person who violates subsection (b) of this section is guilty of the
felony of rape in the first degree and on conviction is subject to imprisonment not
exceeding life without the possibility of parole.
(3) A person who violates this section is guilty of the felony of rape in
the first degree and on conviction is subject to imprisonment not exceeding life without
the possibility of parole if the defendant was previously convicted of violating this
section or § 3-305 of this subtitle.
(4) (i) Subject to subparagraph [(iii)] (IV) of this paragraph, a
person 18 years of age or older who violates subsection (c) of this section is guilty of
the felony of rape in the first degree and on conviction is subject to imprisonment for
not less than 25 years and not exceeding life without the possibility of parole.
(ii) A court may not suspend any part of the mandatory
minimum sentence of 25 years.
(m) THE PERSON IS NOT ELIGIBLE FOR PAROLE DURING
THE MANDATORY MINIMUM SENTENCE.
[(iii)] (IV) If the State fails to comply with subsection (e) of this
section, the mandatory minimum sentence shall not apply.
(e) If the State intends to seek a sentence of imprisonment for life without
the possibility of parole under subsection (d)(2), (3), or (4) of this section, or
imprisonment for not less than 25 years under subsection (d)(4) of this section, the
State shall notify the person in writing of the State's intention at least 30 days before
trial.
3-304.
(a) A person may not engage in vaginal intercourse with another:
(1) by force, or the threat of force, without the consent of the other;
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- 3221-
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