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§ 3-304. Rape in the second degree
(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.
(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.
(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.
Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by 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 2010, c. 174, § 1, eff. Oct. 1, 2010; Acts 2010, c. 175, § 1, eff. Oct. 1, 2010; Acts 2010, c. 180, § 1, eff. Oct. 1, 2010; Acts 2010, c. 181, § 1, eff. Oct. 1, 2010.