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§ 3-303. Rape in the first 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, § 3-303
Formerly cited as MD CODE Art. 27, § 462
§ 3-303. Rape in the first degree
Prohibited--In general
(a) A person may not:
(1)(i) engage in vaginal intercourse with another by force, or the threat of force, without the consent of the other; or
(ii) engage in a sexual act with another by force, or the threat of force, without the consent of the other; and
(2)(i) employ or display a dangerous weapon, or a physical object that the victim reasonably believes is a dangerous weapon;
(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.
Prohibited--Child kidnapping
(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.
Prohibited--Children under age 13
(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.
Penalty
(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 subsection (a) or (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 if the defendant was previously convicted of violating this section, or § 3-305 of this subtitle as it existed before October 1, 2017.
(4)(i) Subject to subparagraph (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.
(iii) The person is not eligible for parole during the mandatory minimum sentence.
(iv) If the State fails to comply with subsection (e) of this section, the mandatory minimum sentence shall not apply.
Required notice
(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.

Credits

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2002, c. 187, § 1, eff. Oct. 1, 2002; Acts 2003, c. 21, § 1, eff. April 8, 2003; Acts 2005, c. 482, § 1, eff. Oct. 1, 2005; Acts 2006, c. 44, § 6, eff. April 8, 2006; 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 2008, c. 36, § 6, eff. April 8, 2008; Acts 2008, c. 345, § 1, eff. Oct. 1, 2008; Acts 2009, c. 60, § 1, eff. April 14, 2009; Acts 2017, c. 161, § 1, eff. Oct. 1, 2017; Acts 2017, c. 162, § 1, eff. Oct. 1, 2017.
Formerly Art. 27, § 462.

Editors' Notes

LEGISLATIVE NOTES
Revisor's Note (Acts 2002, c. 26):
This section is new language derived without substantive change from former Art. 27, § 462.
In this section and throughout this subtitle, references to “against the will” are deleted as included in the 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)(i) and (ii) of this section, references to the “victim” are substituted for the former references to the “other person” for clarity and consistency within this section.
In subsection (a)(2)(i) of this section, the reference to a “physical object” is substituted for the former word “article” for clarity.
Also in subsection (a)(2)(i) of this section, the word “believes” is substituted for the former word “concludes” for clarity.
Also in subsection (a)(2)(i) of this section, the former references to a “deadly” weapon are deleted as included in the references to a “dangerous” weapon.
In subsection (a)(2)(iii) of this section, the reference to “an individual” known to the victim is substituted for the former reference to “any person”, because only a human being may suffer death, strangulation, disfigurement, serious physical injury, or kidnapping.
In subsection (a)(2)(iv) of this section, the reference to “another” is substituted for the former reference to “one or more other persons”, for clarity and in light of Art. 1, § 8, which provides that the singular generally includes the plural.
Defined terms: “Person” § 1-101
“Vaginal intercourse” § 3-301
HISTORICAL AND STATUTORY NOTES
2002 Legislation
Acts 2002, c. 187, § 1, rewrote subsec. (b), which previously read:
“(b) A person who violates this section is guilty of the felony of rape in the first degree and on conviction is subject to:
“(1) Imprisonment not exceeding life; or
“(2) If the person is convicted in the same proceeding of violating § 3-503(a)(2) of this article and the victim was a child under the age of 16 years, imprisonment not exceeding life without the possibility of parole.”
Acts 2002, c. 187, § 2, provides:
“SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to apply to subsequent offenses committed on or after the effective date of this Act:
“(1) Regardless of whether the previous conviction was for an offense committed before, on, or after the effective date of this Act; and
“(2) If the subsequent offense was committed after the date of conviction for the prior offense.”
2003 Legislation
Acts 2003, c. 21, § 1, made technical corrections to the Code.
2005 Legislation
Acts 2005, c. 482, § 1, inserted new subsec. (b); redesignated former subsecs. (b) and (c) as subsecs. (c) and (d), respectively; rewrote former subsec. (b), now subsec. (c); and, in former subsec. (c), now subsec. (d), substituted “subsection (c)(2) or (3)” for “subsection (b)(2)”. Prior to amendment, former subsec. (b), now subsec. (c), read:
“(b)(1) Except as provided in paragraph (2) of this subsection, 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.
“(2) 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:
“(i) the person is convicted in the same proceeding of violating § 3-503(a)(2) of this title and the victim was a child under the age of 16 years; or
“(ii) the defendant was previously convicted of violating this section or § 3-305 of this subtitle.”
2006 Legislation
Acts 2006, c. 44, § 6, in subsec. (d)(4)(iii), corrected spelling.
Acts 2006, 1st Sp. Sess., c. 4, § 1, inserted new subsec. (c), related to children under age 13; redesignated former subsecs. (c) and (d) as subsecs. (d) and (e), respectively; in subsec. (d)(1), formerly subsec. (c)(1), inserted a reference to subsec. (d)(4); inserted new subsec. (d)(4); and rewrote subsec. (e), formerly subsec. (d), which read:
“(d) If the State intends to seek a sentence of imprisonment for life without the possibility of parole under subsection (c)(2) or (3) of this section, the State shall notify the person in writing of the State's intention at least 30 days before trial.”
2007 Legislation
Acts 2007, c. 494, § 1, and Acts 2007, c. 495, § 1, redesignated subsec. (d)(4)(iii) as (d)(4)(iv); added a new subsec. (d)(4)(iii); and changed a reference in subsec. (d)(4)(i) to reflect the redesignation.
2008 Legislation
Acts 2008, c. 36, § 6, made technical corrections to the Code.
Acts 2008, c. 435, § 1, in subsec. (d)(3), inserted a reference to subsecs. (a) and (b) of this section.
2009 Legislation
Acts 2009, c. 60, § 1, in subsec. (d)(3), replaced “subsections (a) and (b)” with “subsection (a) or (b)”.
2017 Legislation
Acts 2017, c. 161, § 1, and Acts 2017, c. 162, § 1, inserted (a)(1)(ii); and in (d)(3), added the phrase “as it existed before October 1, 2017”.
Derivation:
Former Art. 27, § 462, related to rape in the first degree, repealed by Acts 2002, c. 26, § 1.
MD Code, Criminal Law, § 3-303, MD CRIM LAW § 3-303
Current through legislation effective April 18, 2019, from the 2019 Regular Session of the General Assembly.
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