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Ch. 494
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Martin O'Malley, Governor
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(ii) suffocate, strangle, disfigure, or inflict serious physical
injury on the victim or another in the course of committing the crime;
(iii) threaten, or place the victim in fear, that the victim, or an
individual known to the victim, imminently will be subject to death, suffocation,
strangulation, disfigurement, serious physical injury, or kidnapping;
(iv) commit the crime while aided and abetted by another; or
(v) commit the crime in connection with a burglary in the first,
second, or third degree.
(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
sexual offense 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 sexual offense 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 sexual
offense 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 § 3-303 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 sexual offense 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.
(III) THE PERSON IS NOT ELIGIBLE FOR PAROLE DURING
THE MANDATORY MINIMUM SENTENCE.
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- 3223 -
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