US Lawyer Database

For Lawyer-Seekers

YOU DESERVE THE BEST LAWYER

Section 3-301 – Definitions

    (a)    In this subtitle the following words have the meanings indicated.     (b)    “Mentally incapacitated individual” means an individual who, because of the influence of a drug, narcotic, or intoxicating substance, or because of an act committed on the individual without the individual’s consent or awareness, is rendered substantially incapable of:         (1)    appraising the nature of the individual’s conduct; […]

Section 3-302 – Construction of Subtitle

    In this subtitle an undefined word or phrase that describes an element of common-law rape retains its judicially determined meaning, except to the extent it is expressly or impliedly changed in this subtitle.

Section 3-303 – Rape in the First Degree

    (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 […]

Section 3-304 – Rape in the Second Degree

    (a)    A person may not engage in vaginal intercourse or 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 substantially cognitively impaired individual, a mentally incapacitated individual, or a physically helpless individual, and the person performing the act knows or reasonably should […]

Section 3-307 – Sexual Offense in the Third Degree

    (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 […]

Section 3-308 – Sexual Offense in the Fourth Degree

    (a)    In this section, “person in a position of authority”:         (1)    means a person who:             (i)    is at least 21 years old;             (ii)    is employed by or under contract with a public or private preschool, elementary school, or secondary school; and             (iii)    because of the person’s position or occupation, exercises supervision over a minor who attends the school; and         (2)    includes […]

Section 3-309 – Attempted Rape in the First Degree

    (a)    A person may not attempt to commit rape in the first degree.     (b)    A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding life.

Section 3-310 – Attempted Rape in the Second Degree

    (a)    A person may not attempt to commit rape in the second degree.     (b)    A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 20 years.

Section 3-313 – Prior Conviction — Sentencing

    (a)    On conviction of a violation of § 3–304, § 3–307, or § 3–310 of this subtitle, a person is subject to imprisonment not exceeding life if the person has been convicted on a prior occasion not arising from the same incident:         (1)    of any violation of § 3–303 or § 3–304 of this subtitle, or § […]

Section 3-314 – Sexual Conduct Between Correctional or Department of Juvenile Services Employee or Court-Provided Services Provider and Inmate or Confined Child

    (a)    (1)    In this section the following words have the meanings indicated.         (2)    (i)    “Correctional employee” means a:                 1.    correctional officer, as defined in § 8–201 of the Correctional Services Article; or                 2.    managing official or deputy managing official of a correctional facility.             (ii)    “Correctional employee” includes a sheriff, warden, or other official who is appointed or employed to supervise a correctional […]

Section 3-315 – Continuing Course of Conduct With Child

    (a)    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, or § 3–307 of this subtitle, or violations of § 3–305 or § 3–306 of this subtitle as the sections existed before October 1, 2017, over a period of […]

Section 3-316 – Rape and Sexual Offense — Venue

    If a person is transported with the intent to violate a provision of § 3–303, § 3–304, §§ 3–307 through 3–310, § 3–314, or § 3–315 of this subtitle, and the intent is followed by actual violation of a provision of § 3–303, § 3–304, §§ 3–307 through 3–310, § 3–314, or § 3–315 of […]

Section 3-317 – Rape and Sexual Offense — Charging Document

    (a)    An indictment, information, or warrant for a crime under § 3–303, § 3–304, §§ 3–307 through 3–310, or § 3–314 of this subtitle is sufficient if it substantially states:     “(name of defendant) on (date) in (county) committed a rape or sexual offense on (name of victim) in violation of (section violated) against the peace, government, […]

Section 3-318 – Rape and Sexual Offense — Spousal Defense

    (a)    Except as provided in subsections (b) and (c) of this section, a person may not be prosecuted under § 3-303, § 3-304, § 3-307, or § 3-308 of this subtitle for a crime against a victim who was the person’s legal spouse at the time of the alleged rape or sexual offense.     (b)    A person may […]

Section 3-319 – Rape and Sexual Offense — Admissibility of Evidence

    (a)    Evidence relating to a victim’s reputation for chastity or abstinence and opinion evidence relating to a victim’s chastity or abstinence may not be admitted in a prosecution for:         (1)    a crime specified under this subtitle or a lesser included crime;         (2)    the sexual abuse of a minor under § 3-602 of this title or a lesser included […]

Section 3-320 – Rape and Sexual Offense — Jury Instructions

    In a criminal prosecution under § 3–303, § 3–304, §§ 3–307 through 3–310, § 3–314, or § 3–315 of this subtitle, a judge may not instruct the jury:         (1)    to examine the testimony of the prosecuting witness with caution, solely because of the nature of the charge;         (2)    that the charge is easily made or difficult to […]

Section 3-322 – Unnatural or Perverted Sexual Practice

    (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.     (b)    A person who violates this section is guilty of […]

Section 3-323 – Incest

    (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.     (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.