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2007 Laws of Maryland
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Ch. 494
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[(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.
3-306.
(a) A person may not engage in a sexual act with another:
(1) by force, or the threat of force, without the consent of the other;
(2) if the victim is a mentally defective individual, a mentally
incapacitated individual, or a physically helpless individual, and the person
performing the sexual act knows or reasonably should know that the victim is a
mentally defective individual, a mentally incapacitated individual, or a physically
helpless individual; or
(3) if the victim is under the age of 14 years, and the person
performing the sexual act is at least 4 years older than the victim.
(b) A person 18 years of age or older may not violate subsection (a)(1) or (2) of
this section involving a child under the age of 13 years.
(c) (1) Except as provided in paragraph (2) of this subsection, a person
who violates this section is guilty of the felony of sexual offense in the second degree
and on conviction is subject to imprisonment not exceeding 20 years.
(2) (i) Subject to subparagraph [(iii)] (iv) of this paragraph, a
person 18 years of age or older who violates subsection (b) of this section is guilty of
the felony of sexual offense in the second degree and on conviction is subject to
imprisonment for not less than 5 years and not exceeding 20 years.
(ii) A court may not suspend any part of the mandatory
minimum sentence of 5 years.
(III) THE PERSON IS NOT ELIGIBLE FOR PAROLE DURING
THE MANDATORY MINIMUM SENTENCE.
[(iii)] (IV) If the State fails to comply with subsection (d) of this
section, the mandatory minimum shall not apply.
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- 3224 -
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