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§ 3-323. Incest

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, § 3-323
Formerly cited as MD CODE Art. 27, § 335
§ 3-323. Incest
Prohibited
(a) A person may not knowingly engage in vaginal intercourse with anyone whom the person may not marry under § 2-202 of the Family Law Article.
Penalty
(b) A person who violates this section is guilty of a felony and on conviction is subject to imprisonment for not less than 1 year and not exceeding 10 years.

Credits

Added as Criminal Law § 3-321 by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Renumbered as Criminal Law § 3-322 by Acts 2002, c. 266, § 1, eff. Oct. 1, 2002. Renumbered as Criminal Law § 3-323 by Acts 2002, c. 278, § 1, eff. Oct. 1, 2002.
Formerly Art. 27, § 335.

Editors' Notes

LEGISLATIVE NOTES
Revisor's Note (Acts 2002, c. 26):
This section is new language derived without substantive change from former Art. 27, § 335.
In subsection (a) of this section, the defined term “vaginal intercourse” is substituted for the former archaic reference to “carnal knowledge” because the appellate courts of the State have determined that “carnal knowledge” and “sexual intercourse”, defined in this subtitle as “vaginal intercourse”, are synonymous. See Scott v. State, 2 Md. App. 709, cert. denied, 249 Md. 733 (1968); Simms v. State, 52 Md. App. 448, 453 (1982).
Also in subsection (a) of this section, the reference to anyone “whom the person may not marry under § 2-202 of the Family Law Article” is substituted for the former reference to “being within the degrees of consanguinity within which marriages are prohibited by law in this State” for clarity and brevity.
In subsection (b) of this section, the former reference to imprisonment “in the penitentiary” is deleted for consistency within this article. Currently, inmates are sentenced to the custody of a unit such as the Division of Correction and then are placed in a particular facility. See CS § 9-103.
Also in subsection (b) of this section, the former redundant phrase “in the discretion of the court” is deleted as implicit in the establishment of maximum penalties.
Defined terms: “Person” § 1-101
“Vaginal intercourse” § 3-301
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, § 335, related to incest, repealed by Acts 2002, c. 26, § 1.
MD Code, Criminal Law, § 3-323, MD CRIM LAW § 3-323
Current through legislation effective June 1, 2019, from the 2019 Regular Session of the General Assembly.
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