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§ 3-304. Rape in the second degree

West's Annotated Code of MarylandCriminal LawEffective: October 1, 2017

West's Annotated Code of Maryland
Criminal Law (Refs & Annos)
Title 3. Other Crimes Against the Person
Subtitle 3. Sexual Crimes (Refs & Annos)
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
Prohibited--In general
(a) A person may not engage in vaginal intercourse or 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 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
(3) if the victim is under the age of 14 years, and the person performing the act is at least 4 years older than the victim.
Prohibited--Children under age 13
(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.
Penalty
(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.
(2)(i) Subject to subparagraph (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 rape in the second degree and on conviction is subject to imprisonment for not less than 15 years and not exceeding life.
(ii) A court may not suspend any part of the mandatory minimum sentence of 15 years.
(iii) The person is not eligible for parole during the mandatory minimum sentence.
(iv) If the State fails to comply with subsection (d) of this section, the mandatory minimum sentence shall not apply.
Required notice
(d) If the State intends to seek a sentence of imprisonment for not less than 15 years under subsection (c)(2) of this section, the State shall notify the person in writing of the State's intention at least 30 days before trial.

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.

Editors' Notes

LEGISLATIVE NOTES
Revisor's Note (Acts 2002, c. 26):
This section is new language derived without substantive change from former Art. 27, § 463.
In this section and throughout this subtitle, the references to “against the will” are deleted as included with references to “without the consent”. The Court of Appeals has determined that “against the will” and “without the consent” are synonymous in the law of rape. See, e.g., State v. Rusk, 289 Md. 230 (1981).
In subsection (a)(2) of this section, the references to the “victim” are substituted for the former references to the “other person” for clarity and consistency within this subtitle.
Defined terms: “Mentally defective individual” § 3-301
“Mentally incapacitated individual” § 3-301
“Person” § 1-101
“Physically helpless individual” § 3-301
“Vaginal intercourse” § 3-301
HISTORICAL AND STATUTORY NOTES
2006 Legislation
Acts 2006, 1st Sp. Sess., c. 4, § 1, inserted new subsec. (b), related to children under age 13; redesignated former subsec. (b) as subsec. (c)(1); rewrote former subsec. (b), now subsec. (c)(1); inserted new subsec. (c)(2); and inserted new subsec. (d), related to notice required. Prior to amendment, subsec. (b) read:
“(b) A person who violates this section is guilty of the felony of rape in the second degree and on conviction is subject to imprisonment not exceeding 20 years.”
2007 Legislation
Acts 2007, c. 494, § 1, and Acts 2007, c. 495, § 1, redesignated subsec. (c)(2)(iii) as (c)(2)(iv); added a new subsec. (c)(2)(iii); and changed a reference in subsec. (c)(2)(i) to reflect the redesignation.
2010 Legislation
Acts 2010, c. 174, § 1, and Acts 2010, c. 175, § 1, in subsec. (c)(2)(i), substituted “not less than 15 years and not exceeding life” for “not less than 5 years and not exceeding 20 years”; and, in subsecs. (c)(2)(ii), and (d), substituted “15 years” for “5 years”.
Acts 2010, c. 180, § 1, and Acts 2010, c. 181, § 1, in subsec. (c)(2)(i), substituted “not less than 15 years and not exceeding life” for “not less than 5 years and not exceeding 20 years”; and, in subsecs. (c)(2)(ii), and (d), substituted “15 years” for “5 years”.
2013 Legislation
Acts 2013, c. 43, § 1, in subsec. (c)(2)(iv), inserted the word “sentence”.
2016 Legislation
Acts 2016, c. 633, § 1, in (a)(2), substituted “substantially cognitively impaired individual” for “mentally defective individual” in two instances.
2017 Legislation
Acts 2017, c. 161, § 1, and Acts 2017, c. 162, § 1, in (a), inserted “or a sexual act”.
Derivation:
Former Art. 27, § 463, related to rape in the second degree, repealed by Acts 2002, c. 26, § 1.
MD Code, Criminal Law, § 3-304, MD CRIM LAW § 3-304
Current through legislation effective July 1, 2019, from the 2019 Regular Session of the General Assembly.
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