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§ 3-322. Unnatural or perverted sexual practice

West's Annotated Code of MarylandCriminal Law

West's Annotated Code of Maryland
Criminal Law (Refs & Annos)
Title 3. Other Crimes Against the Person
Subtitle 3. Sexual Crimes (Refs & Annos)
MD Code, Criminal Law, § 3-322
Formerly cited as MD CODE Art. 27, § 554
§ 3-322. Unnatural or perverted sexual practice
Prohibited
(a) A person may not:
(1) take the sexual organ of another or of an animal in the person's mouth;
(2) place the person's sexual organ in the mouth of another or of an animal; or
(3) commit another unnatural or perverted sexual practice with another or with an animal.
Penalty
(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $1,000 or both.
Statute of limitations and in banc review
(c) A person who violates this section is subject to § 5-106(b) of the Courts Article.
Charging document
(d) An indictment for a violation of this section:
(1) is sufficient if it states that the defendant committed an unnatural and perverted sexual practice with a person or animal as applicable; but
(2) need not state the particular:
(i) unnatural or perverted sexual practice with which the defendant is charged; or
(ii) manner in which the defendant committed the unnatural or perverted sexual practice.

Credits

Added as Criminal Law § 3-320 by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Renumbered as Criminal Law § 3-321 by Acts 2002, c. 266, § 1, eff. Oct. 1, 2002. Renumbered as Criminal Law § 3-322 by Acts 2002, c. 278, § 1, eff. Oct. 1, 2002.
Formerly Art. 27, § 554.

Editors' Notes

LEGISLATIVE NOTES
Revisor's Note (Acts 2002, c. 26):
This section is new language derived without substantive change from former Art. 27, § 554.
In subsection (b) of this section, the phrase “guilty of a misdemeanor” is added to state expressly that which was only implied in the former law. In this State, any crime that was not a felony at common law and has not been declared to be a felony by statute is considered to be a misdemeanor. See State v. Canova, 278 Md. 483, 490 (1976); Bowser v. State, 136 Md. 342, 345 (1920); Dutton v. State, 123 Md. 373, 378 (1914); and Williams v. State, 4 Md. App. 342, 347 (1968).
Also in subsection (b) of this section, the former reference to imprisonment “in jail or in the house of correction” is deleted in light of CS § 9-103, which requires a judge to sentence an individual to the jurisdiction of the Division of Correction if the individual is required to be incarcerated at a specific State institution, and CS § 9-105, which provides that a judge only may sentence an individual to a local correctional facility if the individual is sentenced for less than 18 months.
Also in subsection (b) of this section, the former phrase “in the discretion of the court” is deleted as implicit in the establishment of maximum penalties.
In subsection (c) of this section, the reference to a violation being “subject to § 5-106(b) of the Courts Article” is substituted for the former reference to imprisonment “in the penitentiary” for clarity and consistency within this article. See General Revisor's Note to article.
The Criminal Law Article Review Committee notes, for the consideration of the General Assembly, that the revision is not intended in any way to alter the judicial interpretation of this section or to affect the scope of its application to any activity.
Defined term: “Person” § 1-101
HISTORICAL AND STATUTORY NOTES
2002 Legislation
Acts 2002, c. 266, § 1, renumbered Criminal Law §§ 3-313 through 3-321, as added by Acts 2002, c. 26, § 2, to be Criminal Law §§ 3-314 through 3-322, respectively. Acts 2002, c. 278, § 1, renumbered Criminal Law §§ 3-314 through 3-321, as added by Acts 2002, c. 26, § 2, to be Criminal Law §§ 3-315 through 3-322, respectively. Criminal Law §§ 3-314 through 3-321, as added by Acts 2002, c. 26, § 2, have been designated as Criminal Law §§ 3-316 through 3-323, respectively.
Derivation:
Former Art. 27, § 554, related to perverted sexual practices, repealed by Acts 2002, c. 26, § 1.
MD Code, Criminal Law, § 3-322, MD CRIM LAW § 3-322
Current through all legislation from the 2018 Regular Session of the General Assembly
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