Legal Statutes: Maryland

UPDATED October 2, 2012

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• Code of Maryland (select sections)
  • Courts and Judicial Proceedings
    • Title 3. Courts of General Jurisdiction--Jurisdiction/Special Causes of Action
      • Subtitle 15. Peace Orders
        • § 3-1502. Other remedies
        • § 3-1503. Petitions
        • § 3-1503.1. Interim peace orders
        • § 3-1504. Temporary peace orders
        • § 3-1505. Final peace orders
        • § 3-1506. Modifications or rescission of peace order
        • § 3-1508. Failure to comply
  • Criminal Law
    • Title 3. Other Crimes Against the Person
      • Subtitle 3. Sexual Crimes
        • § 3-303. Rape in the first degree
        • § 3-304. Rape in the second degree
        • § 3-305. Sexual offense in the first degree
        • § 3-306. Sexual offense in the second degree
        • § 3-307. Sexual offense in the third degree
        • § 3-308. Sexual offense in the fourth degree
      • Subtitle 8. Stalking and Harassment
        • § 3-802. Stalking
        • § 3-803. Harassment
        • § 3-804. Misuse of telephone facilities and equipment
        • § 3-805. Misuse of electronic mail
      • Subtitle 9. Surveillance and Other Crimes Against Privacy
        • § 3-902. Visual surveillance with prurient intent
    • Title 6. Crimes Against Property
      • Subtitle 3. Malicious Destruction and Related Crimes
        • § 6-301. Malicious destruction--Generally
  • Family Law
    • Title 4. Spouses
      • Subtitle 5. Domestic Violence
        • Part I. Definitions; General Provisions
          • §4-501. Definitions
          • §4-502. Duties of law enforcement officers
          • §4-503. Notice of victim's rights to victim
          • §4-503.1. Report of abuse to Department of State Police and victim
        • Part II. Household Violence
          • §4-504. Petition for relief from abuse
          • § 4-504.1. Interim protective orders
          • § 4-505. Temporary protective orders
          • § 4-506. Final protective orders
          • §4-507. Modification or rescission of protective orders; appeal
          • §4-508. Penalties for violations of orders
          • §4-508.1. Protective orders issued by foreign courts
          • §4-509. Penalties
          • §4-510. Nonpreclusion of remedies
          • §4-511. Removal of firearm
        • Part III. Victims of Domestic Violence
          • §4-513. "Victim of domestic violence" defined
          • §4-514. Policy of General Assembly
          • §4-515. Victims of domestic violence program; creation
          • §4-516. Management of program
    • Title 5. Children
      • Subtitle 2. Parent and Child
        • § 5-203. Natural guardianship; powers and duties of parents; award of custody to parent
      • Subtitle 7. Child Abuse and Neglect
        • § 5-701. Definitions
    • Title 9. Child Custody and Visitation
      • Subtitle 1. In General
        • § 9-101. Rejection of custody or visitation if abuse likely
        • § 9-101.1. Evidence of abuse considered
        • § 9-101.2. Parents guilty of murder
        • § 9-102. Visitation by grandparents
        • § 9-103. Petition by child to change custody
        • § 9-104. Access to records; noncustodial parent
        • § 9-105. Unjustified denial or interference with visitation
        • § 9-106. Notice of intent to relocate
      • Subtitle 3. Removal of Child from State; Child Abduction
        • § 9-301. Definitions
        • § 9-302. Jurisdiction over custody and visitation
        • § 9-303. Conflict as to lawful custodian
        • § 9-304. Acts prohibited in Maryland
        • § 9-305. Acts prohibited outside Maryland
        • § 9-306. Clear and present danger to child
        • § 9-307. Penalties
      • Subtitle 4. Missing Children
        • § 9-401. Definitions
        • § 9-402. Duties of law enforcement agencies
        • § 9-403. State Clearinghouse for Missing Children
    • Title 9.5. Maryland Uniform Child Custody Jurisdiction and Enforcement Act
      • Subtitle 1. General Provisions
        • § 9.5-101. Definitions
        • § 9.5-102. Proceedings governed by other law
        • § 9.5-103. Application to Indian tribes
        • § 9.5-104. International application of title
        • § 9.5-105. Effect of child-custody determination
        • § 9.5-106. Priority
        • § 9.5-107. Notice to persons outside State
        • § 9.5-108. Appearance and limited immunity
        • § 9.5-109. Communication between courts
        • § 9.5-110. Taking testimony in another state
        • § 9.5-111. Cooperation between states; preservation of records
      • Subtitle 2. Jurisdiction
        • § 9.5-201. Initial child-custody jurisdiction
        • § 9.5-202. Exclusive, continuing jurisdiction
        • § 9.5-203. Jurisdiction to modify determination
        • § 9.5-204. Temporary emergency jurisdiction
        • § 9.5-205. Notice; opportunity to be heard; joinder
        • § 9.5-206. Simultaneous proceedings
        • § 9.5-207. Inconvenient forum
        • § 9.5-208. Jurisdiction declined by reason of conduct
        • § 9.5-209. Information to be submitted in court
        • § 9.5-210. Appearance of parties and child
      • Subtitle 3. Enforcement
        • § 9.5-301. Definitions
        • § 9.5-302. Enforcement under Hague Convention
        • § 9.5-303. Duty to enforce
        • § 9.5-304. Temporary visitation
        • § 9.5-305. Registration of child-custody determination
        • § 9.5-306. Enforcement of registered determination
        • § 9.5-307. Simultaneous proceedings
        • § 9.5-308. Expedited enforcement of child-custody determination
        • § 9.5-309. Service of petition and order
        • § 9.5-310. Hearing and order
        • § 9.5-311. Warrant to take physical custody of child
        • § 9.5-312. Costs, fees, and expenses
        • § 9.5-313. Recognition and enforcement
        • § 9.5-314. Appeals
        • § 9.5-315. Role of Attorney General
        • § 9.5-316. Role of law enforcement officers
        • § 9.5-317. Costs and expenses
        • § 9.5-318. Short title
    • Title 12. Child Support
      • Subtitle 2. Child Support Guidelines
        • § 12-201. Definitions
        • § 12-202. Use of child support guidelines
        • § 12-203. Forms; documentation of income
        • § 12-204. Calculation of support
    • Title 14. Adult Protective Services
      • Subtitle 1. Definitions and General Provisions
        • § 14-101. Definitions
  • Public Safety
    • Title 5. Firearms
      • Subtitle 1. Regulated Firearms
        • § 5-101. Definitions
        • § 5-102. Scope of subtitle
        • § 5-133. Restrictions on possession of regulated firearms
  • Article 1 to Article 9
    • Article 1. Rules of Interpretation
      • In General
        • § 24. Age of majority; various terms
  • Circuit Court Fee Schedule
    • Revised schedule of circuit court charges, costs, and fees established under courts, Article § 7-202
  • Maryland Rules
    • Title 9. Family Law Actions
      • Chapter 200. Divorce, Annulment, Alimony, Child Support, and Child Custody
        • Rule 9-205. Mediation of child custody and visitation disputes
    • Title 15. Other Special Proceedings
      • Chapter 200. Contempt
        • Rule 15-206. Constructive civil contempt
    • Title 17. Alternative Dispute Resolution
      • Rule 17-102. Definitions

Subtitle 3. Sexual Crimes

back to top§ 3-304. Rape in the second degree

Prohibited--In general

(a) 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.

Prohibited--Children under age 13

(b) A person 18 years of age or older may not violate subsection (a)(1) or (2) of this section involving a child under the age of 13 years.

Penalty

(c)(1) Except as provided in paragraph (2) of this subsection, a person who violates subsection (a) of this section is guilty of the felony of rape in the second degree and on conviction is subject to imprisonment not exceeding 20 years.

(2)(i) Subject to subparagraph (iv) of this paragraph, a person 18 years of age or older who violates subsection (b) of this section is guilty of the felony of rape in the second degree and on conviction is subject to imprisonment for not less than 15 years and not exceeding life.

(ii) A court may not suspend any part of the mandatory minimum sentence of 15 years.

(iii) The person is not eligible for parole during the mandatory minimum sentence.

(iv) If the State fails to comply with subsection (d) of this section, the mandatory minimum shall not apply.

Required notice

(d) If the State intends to seek a sentence of imprisonment for not less than 15 years under subsection (c)(2) of this section, the State shall notify the person in writing of the State's intention at least 30 days before trial.