Disclaimer Contents State List
The information provided is not
for commercial use it is intended only for informational use. There has been
no attempt to make a complete list of all or related statutes. There is no
guarantee of the completeness or accuracy of the information provided. Please Seek Professional Legal advice and visit the State’s official web
site and consult the Bound Volumes of the State’s Statutes for more
information.
CRIMINAL LAW : TITLE 3. OTHER CRIMES AGAINST THE PERSON
(a) Prohibited.- A
person may not:
(1) engage in vaginal
intercourse 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.
(b) Violation of §
3-503(a)(2) of this title.- 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.
(c) Penalty.-
(1) Except as provided in
paragraphs (2) and (3) 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
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.
(d) Required
notice.- 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.
(a) Prohibited.- A
person may not engage in vaginal intercourse with another:
(1) by force, or the threat of force, without
the consent of the other;
(2) if the victim is a
mentally defective 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 mentally defective 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.
(b) Penalty.- 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.
(a) Prohibited.- A
person may not:
(1) 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.
(b) Violation of §
3-503(a)(2) of this title.- 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.
(c) Penalty.-
(1) Except as provided in
paragraphs (2) and (3) of this subsection, a person who violates subsection (a)
of this section is guilty of the felony of sexual offense 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 sexual offense in the
first degree and on conviction is subject to imprisonment not exceeding life
without the possibility of parole.
(3) A person who violates
this section is guilty of the felony of sexual offense 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 § 3-303 of this subtitle.
(d) Required
notice.- 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.
(a) Prohibited.- A
person may not engage in 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
mentally defective individual, a mentally incapacitated individual, or a
physically helpless individual, and the person performing the sexual act knows
or reasonably should know that the victim is a mentally defective 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 sexual act is at least
4 years older than the victim.
(b) Penalty.- A
person who violates this section is guilty of the felony of sexual offense in
the second degree and on conviction is subject to imprisonment not exceeding 20
years.
(a) Prohibited.- 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 mentally defective 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
mentally defective 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.
(b) Penalty.- 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.
(a) Prohibited.- A
person may not engage in:
(1) sexual contact with
another without the consent of the other;
(2) except as provided in
§ 3-307(a)(4) of this subtitle, a sexual act
with another if the victim is 14 or 15 years old, and the person performing the
sexual act is at least 4 years older than the victim; or
(3) except as provided in
§ 3-307(a)(5) of this subtitle, vaginal
intercourse with another if the victim is 14 or 15 years old, and the person
performing the act is at least 4 years older than the victim.
(b) Penalty.-
(1) Except as provided in
paragraph (2) of this subsection, a person who violates this section is guilty
of the misdemeanor of sexual offense in the fourth degree and on conviction is
subject to imprisonment not exceeding 1 year or a fine not exceeding $1,000 or
both.
(2) (i) On conviction of
a violation of this section, a person who has been convicted on a prior
occasion not arising from the same incident of a violation of §§ 3-303 through 3-312
or § 3-315 of this subtitle or § 3-602 of this title is subject to imprisonment not
exceeding 3 years or a fine not exceeding $1,000 or both
(ii) If the State intends
to proceed against a person under subparagraph (i) of this paragraph, it shall
comply with the procedures set forth in the Maryland Rules for the indictment
and trial of a subsequent offender.
(a) Prohibited.- A
person may not attempt to commit rape in the first degree.
(b) Penalty.- A
person who violates this section is guilty of a felony and on conviction is
subject to imprisonment not exceeding life
(a) Prohibited.- A
person may not attempt to commit rape in the second degree.
(b) Penalty.- A
person who violates this section is guilty of a felony and on conviction is
subject to imprisonment not exceeding 20 years.
(a) Prohibited.- A
person may not attempt to commit a sexual offense in the first degree.
(b) Penalty.- A
person who violates this section is guilty of a felony and on conviction is
subject to imprisonment not exceeding life.
(a) Prohibited.- A person may not attempt to commit a sexual
offense in the second degree.
(b) Penalty- A person who
violates this section is guilty of a felony and on conviction is subject to
imprisonment not exceeding 20 years.
(a) Prohibited.- A
person may not engage in a continuing course of conduct which includes three or
more acts that would constitute violations of § 3-303,
§ 3-304, § 3-305,
§ 3-306, or § 3-307
of this subtitle over a period of 90 days or more, with a victim who is under
the age of 14 years at any time during the course of conduct.
(b) Penalty.-
(1) A person who violates
this section is guilty of a felony and on conviction is subject to imprisonment
not exceeding 30 years
(2) A sentence imposed
under this section may be separate from and consecutive to or concurrent with a
sentence under § 3-602 of this title
(c) Determination.-
In determining whether the required number of acts occurred in violation of
this section, the trier of fact.
(1) must determine only
that the required number of acts occurred; and
(2) need not determine
which acts constitute the required number of acts.
(d) Merger.-
(1) A person may not be
charged with a violation of § 3-303, § 3-304, § 3-305, § 3-306, or § 3-307
of this subtitle involving the same victim in the same proceeding as a violation
of this section unless the other violation charged occurred outside the time
period charged under this section.
(2) A person may not be
charged with a violation of § 3-303, § 3-304, § 3-305, § 3-306, or § 3-307
of this subtitle involving the same victim unless the violation charged
occurred outside the time period charged under this section.
A person who is
convicted of sodomy is guilty of a felony and is subject to imprisonment not
exceeding 10 years
(a) Prohibited.- 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.
(b) Penalty.- 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.
(a)
"Solicit" defined.- In this section, "solicit" means to
command, authorize, urge, entice, request, or advise a person by any means,
including:
(1) in person;
(2) through an agent or
agency;
(3) over the telephone;
(4) through any print
medium;
(5) by mail;
(6) by computer or
Internet; or
(7) by any other
electronic means.
(b) Prohibited.- A
person may not, with the intent to commit a violation of § 3-304, § 3-306, or §
3-307 of this subtitle, knowingly solicit a
minor, or a law enforcement officer posing as a minor, to engage in activities
that would be unlawful for the person to engage in under § 3-304, § 3-306, or §
3-307 of this subtitle.
(c) Jurisdiction.-
A violation of this section is considered to be committed in the State for
purposes of determining jurisdiction if the solicitation:
(1) originated in the
State; or
(2) is received in the
State.
(d) Penalty.- A
person who violates this section is guilty of a felony and on conviction is
subject to imprisonment not exceeding 10 years or a fine not exceeding $25,000
or both.
(a) Definitions.-
(1) In this section the
following words have the meanings indicated.
(2) "Family
member" has the meaning stated in § 3-601 of this subtitle.
(3) "Household
member" has the meaning stated in § 3-601 of this subtitle.
(4) (i) "Sexual
abuse" means an act that involves sexual molestation or exploitation of a
minor, whether physical injuries are sustained or not.
(ii) "Sexual
abuse" includes:
1. incest;
2. rape;
3. sexual offense in any
degree;
4. sodomy; and
5. unnatural or perverted
sexual practices.
(b) Prohibited.-
(1) A parent or other
person who has permanent or temporary care or custody or responsibility for the
supervision of a minor may not cause sexual abuse to the minor.
(2) A household member or
family member may not cause sexual abuse to a minor.
(c) Penalty.- A
person who violates this section is guilty of a felony and on conviction is
subject to imprisonment not exceeding 25 years.
(d) Sentencing.- A
sentence imposed under this section may be separate from and consecutive to or
concurrent with a sentence for:
(1) any crime based on the
act establishing the violation of this section; or
(2) a violation of §
3-601 of this subtitle involving an act of abuse separate from sexual abuse
under this section.
COURTS AND JUDICIAL PROCEEDINGS : TITLE 5.
LIMITATIONS, PROHIBITED ACTIONS, AND IMMUNITIES : SUBTITLE 1. LIMITATIONS :
§ 5-106. Prosecution for misdemeanors; manslaughter by automobile,
motorboat, etc.; homicide by motor vehicle.
(a)
In general.- Except as provided by this section, a prosecution for a misdemeanor
shall be instituted within 1 year after the offense was committed.
(b)
Misdemeanor punishable by imprisonment in penitentiary.- Notwithstanding §
9-103(a)(3) of the Correctional Services Article or any other provision of the
Code, if a statute provides that a misdemeanor is punishable by imprisonment in
the penitentiary or that a person is subject to this subsection:
(1) The
State may institute a prosecution for the misdemeanor at any time; and
(2) For
purposes of the Maryland Constitution, the person:
(i)
Shall be deemed to have committed a misdemeanor whose punishment is confinement
in the penitentiary; and
(ii) May
reserve a point or question for in banc review as provided under Article IV, §
22 of the Maryland Constitution.
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email true_perspective@yahoo.com
Revised
08/06