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§ 3-307. Sexual offense in the third degree

West's Annotated Code of MarylandCriminal LawEffective: October 1, 2016

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, 2016
MD Code, Criminal Law, § 3-307
Formerly cited as MD CODE Art. 27, § 464B
§ 3-307. Sexual offense in the third degree
Prohibited
(a) A person may not:
(1)(i) engage in sexual contact with another without the consent of the other; and
(ii) 1. employ or display a dangerous weapon, or a physical object that the victim reasonably believes is a dangerous weapon;
2. suffocate, strangle, disfigure, or inflict serious physical injury on the victim or another in the course of committing the crime;
3. 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; or
4. commit the crime while aided and abetted by another;
(2) engage in sexual contact with another 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 the victim is a substantially cognitively impaired individual, a mentally incapacitated individual, or a physically helpless individual;
(3) engage in sexual contact with another if the victim is under the age of 14 years, and the person performing the sexual contact is at least 4 years older than the victim;
(4) engage in a sexual act with another if the victim is 14 or 15 years old, and the person performing the sexual act is at least 21 years old; or
(5) engage in vaginal intercourse with another if the victim is 14 or 15 years old, and the person performing the act is at least 21 years old.
Penalty
(b) A person who violates this section is guilty of the felony of sexual offense in the third degree and on conviction is subject to imprisonment not exceeding 10 years.

Credits

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2006, c. 317, § 1, eff. Oct. 1, 2006; Acts 2016, c. 633, § 1, eff. Oct. 1, 2016.
Formerly Art. 27, § 464B.

Editors' Notes

LEGISLATIVE NOTES
Revisor's Note (Acts 2002, c. 26):
This section is new language derived without substantive change from former Art. 27, § 464B.
In this section and throughout this subtitle, the reference to “against the will” is deleted as included in the reference 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)(1)(ii)1 through 3 and (2) through (5) of this section, the references to the “victim” are substituted for the former references to “another person” for clarity and consistency within this subtitle.
In subsection (a)(1)(ii)1 of this section, the reference to a “physical object” is substituted for the former word “article” for clarity.
Also in subsection (a)(1)(ii)1 of this section, the word “believes” is substituted for the former word “concludes” for clarity.
Also in subsection (a)(1)(ii)1 of this section, the references to a “deadly” weapon are deleted as included in the references to a “dangerous” weapon.
In subsection (a)(1)(ii)4 of this section, reference to “another” is substituted for the former reference to “one or more persons” for clarity and in light of Art. 1, § 8, which provides that the singular generally includes the plural.
Defined terms: “Mentally defective individual” § 3-301
“Mentally incapacitated individual” § 3-301
“Person” § 1-101
“Physically helpless individual” § 3-301
“Sexual act” § 3-301
“Sexual contact” § 3-301
“Vaginal intercourse” § 3-301
HISTORICAL AND STATUTORY NOTES
2016 Legislation
Acts 2016, c. 633, § 1, in (a)(2), substituted “substantially cognitively impaired individual” for “mentally defective individual” in two instances.
Derivation:
Former Art. 27, § 464B, related to sexual offense in the third degree, repealed by Acts 2002, c. 26, § 1.
MD Code, Criminal Law, § 3-307, MD CRIM LAW § 3-307
Current through all legislation from the 2019 Regular Session of the General Assembly.
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