§ 3-304. Rape in the second degree
West's Annotated Code of MarylandCriminal LawEffective: October 1, 2017
Effective: October 1, 2017
MD Code, Criminal Law, § 3-304
Formerly cited as MD CODE Art. 27, § 463
§ 3-304. Rape in the second degree
(a) A person may not engage in vaginal intercourse or a sexual act with another:
(2) if the victim is a substantially cognitively impaired individual, a mentally incapacitated individual, or a physically helpless individual, and the person performing the act knows or reasonably should know that the victim is a substantially cognitively impaired individual, a mentally incapacitated individual, or a physically helpless individual; or
(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 subsection (a) of this section is guilty of the felony of rape in the second degree and on conviction is subject to imprisonment not exceeding 20 years.
Credits
Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2006, 1st Sp. Sess., c. 4, § 1, eff. June 22, 2006; Acts 2007, c. 494, § 1, eff. Oct. 1, 2007; Acts 2007, c. 495, § 1, eff. Oct. 1, 2007; Acts 2010, c. 174, § 1, eff. Oct. 1, 2010; Acts 2010, c. 175, § 1, eff. Oct. 1, 2010; Acts 2010, c. 180, § 1, eff. Oct. 1, 2010; Acts 2010, c. 181, § 1, eff. Oct. 1, 2010; Acts 2013, c. 43, § 1, eff. April 9, 2013; Acts 2016, c. 633, § 1, eff. Oct. 1, 2016; Acts 2017, c. 161, § 1, eff. Oct. 1, 2017; Acts 2017, c. 162, § 1, eff. Oct. 1, 2017.
Formerly Art. 27, § 463.
MD Code, Criminal Law, § 3-304, MD CRIM LAW § 3-304
Current with legislation effective through July 1, 2023, from the 2023 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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