Back to Maryland overview
- Code of Maryland (select sections)
- Courts and Judicial Proceedings
- Title 3. Courts of General Jurisdiction--Jurisdiction/Special Causes of Action
- Subtitle 15. Peace Orders
- Criminal Law
- Title 3. Other Crimes Against the Person
- Subtitle 3. Sexual Crimes
- Subtitle 8. Stalking and Harassment
- Subtitle 9. Surveillance and Other Crimes Against Privacy
- Title 6. Crimes Against Property
- Subtitle 3. Malicious Destruction and Related Crimes
- Family Law
- Title 4. Spouses
- Subtitle 5. Domestic Violence
- Part I. Definitions; General Provisions
- Part II. Household Violence
- Part III. Victims of Domestic Violence
- Title 5. Children
- Subtitle 2. Parent and Child
- Subtitle 7. Child Abuse and Neglect
- Title 9. Child Custody and Visitation
- Subtitle 1. In General
- Subtitle 3. Removal of Child from State; Child Abduction
- Subtitle 4. Missing Children
- Title 9.5. Maryland Uniform Child Custody Jurisdiction and Enforcement Act
- Subtitle 1. General Provisions
- Subtitle 2. Jurisdiction
- Subtitle 3. Enforcement
- Title 12. Child Support
- Subtitle 2. Child Support Guidelines
- Title 14. Adult Protective Services
- Subtitle 1. Definitions and General Provisions
- Public Safety
- Title 5. Firearms
- Subtitle 1. Regulated Firearms
- Article 1 to Article 9
- Article 1. Rules of Interpretation
- Circuit Court Fee Schedule
- Maryland Rules
- Title 9. Family Law Actions
- Chapter 200. Divorce, Annulment, Alimony, Child Support, and Child Custody
- Title 15. Other Special Proceedings
- Title 17. Alternative Dispute Resolution
Subtitle 3. Sexual Crimes
back to top§ 3-303. Rape in the first degree
(a) 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) 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.
Prohibited--Children under age 13
(c) A person 18 years of age or older may not violate subsection (a) of this section involving a victim who is a child under the age of 13 years.
(d)(1) Except as provided in paragraphs (2), (3), and (4) 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 subsection (a) or (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 if the defendant was previously convicted of violating this section or § 3-305 of this subtitle.
(4)(i) Subject to subparagraph (iv) of this paragraph, a person 18 years of age or older who violates subsection (c) of this section is guilty of the felony of rape in the first degree and on conviction is subject to imprisonment for not less than 25 years and not exceeding life without the possibility of parole.
(ii) A court may not suspend any part of the mandatory minimum sentence of 25 years.
(iii) The person is not eligible for parole during the mandatory minimum sentence.
(iv) If the State fails to comply with subsection (e) of this section, the mandatory minimum sentence shall not apply.
(e) If the State intends to seek a sentence of imprisonment for life without the possibility of parole under subsection (d)(2), (3), or (4) of this section, or imprisonment for not less than 25 years under subsection (d)(4) of this section, the State shall notify the person in writing of the State's intention at least 30 days before trial.
Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2002, c. 187, § 1, eff. Oct. 1, 2002; Acts 2003, c. 21, § 1, eff. April 8, 2003; Acts 2005, c. 482, § 1, eff. Oct. 1, 2005; Acts 2006, c. 44, § 6, eff. April 8, 2006; Acts 2006, 1st Sp. Sess., c. 4, § 1, eff. June 22, 2006; Acts 2007, c. 494, § 1, eff. Oct. 1, 2007; Acts 2007, c. 495, § 1, eff. Oct. 1, 2007; Acts 2008, c. 36, § 6, eff. April 8, 2008; Acts 2008, c. 345, § 1, eff. Oct. 1, 2008; Acts 2009, c. 60, § 1, eff. April 14, 2009.