Legal guidelines for RAPE AND SEXUAL assault.
Code sections
Maryland Criminal Law Article, Sections:
3-303: Violation within the First Degree and 3-309 per attempt.
3-304: Violation within the Second Degree and three-310 per attempt
three-305: Sexual offense within the first grade and three-311 for the courts
tres-306: Sexual offense within the Second Degree and 3-312 per attempt
3-307: Sexual offense within the third degree
3-308: Sexual offense in the fourth degree
What is prohibited?
The various varieties of sexual assault that may be prohibited in Maryland include:
Violation
First degree: engaging in sexual intercourse with another person without their consent by force, use of weapons, strangle or inflict critical bodily injury, threaten to die, suffer serious injury or kidnap, or engage with other people’s assistance or during a theft
Second degree: perform vaginal intercourse with all others 1) without their consent through pressure or danger, 2) with a mentally or physically disabled man or woman (consisting of under the influence of alcohol, high or subconscious) when the accused is aware of their situation, or 3) the victim is less than 14 years old and the accused is at least 4 years older than the victim
Sexual offense
First grade: participate in a sexual act (oral or anal sex, or any article or part of your body, penetrates the genitals or the anus for sexual gratification, however it is not vaginal intercourse, that is what is said in rape) through force, threat or violence. consent, even when it shows a weapon, physically suffocates or hurts the patient, or threatens the victim with death, disfigurement or serious bodily injury, or is committed with the assistance of another person or at some time during a robbery
Second degree: performing a sexual act with anyone else using 1) force or without their consent, 2) with a mentally or physically disabled individual (consisting under the influence of alcohol, excessive or unconscious) when the accused must acknowledge his or her circumstance, or 3 ) the patient is under 14 years old and the accused is at least four years older than the victim
Third Degree – includes any of the following:
make sexual contact (intentionally touching the genital, anal or other private elements of the victim or the accused to obtain sexual gratification or abuse of any character) in any of the following situations:
Without consent while using a weapon, the victim is strangled or seriously injured, the patient is threatened with loss of life, serious harm or abduction, or committed with the assistance of another person OR
The victim is mentally or physically incapacitated (drunk or unconscious as an example) and the accused knows of his condition
The victim is under 14 years old and the accused is at least 4 years older.
Participate in a sexual act (i.E. oral or anal sex) or vaginal sex with a victim of 14 or 15 12 months of age by a defendant aged 21 or older, AKA, statutory rape
Fourth Degree – any of the following:
Participate in sexual contact without the consent of the opposite.
Participate in a sexual act or vaginal sex with an age of 14 or 15 years, while the accused is at least four years older.
Participate in a sexual act, sexual contact or vaginal sex with a child under the age of 18 who at the time of sexual interest becomes a student enrolled in a school in which the person was in a position of authority (iE A main, educate, instructor, or counselor who is at least 21 years old, hired by the university, and who is in a position of supervision over the student)
Penalties
In Maryland, most statutes offer both the offense and the applicable sanction. The penalties for the crimes listed above are:
Violation
First degree: Generally, life imprisonment is the highest sentence for this crime or intent of this crime. However, if a person commits rape in a kidnapped baby under the age of 16, he had a prior conviction for violation of the first diploma or sexual offense, or raped a child under the age of 13, while for 18 years, the prison Lifestyles without the possibility of probation is the Most of the phrase to be had.
Note: there is a minimum mandatory prison sentence of 25 to 12 months if the violation was made by a person over 18 years of age of an infant under 13 years of age. The court can not leave any part of the 25 years, nor is it eligible for parole.
Second degree: generally, the penalty of up to 20 years in prison, which includes attempted rape in 2d diploma. However, if a person 18 years of age or older rapes a baby under the age of thirteen, the minimum prison sentence is 15 years and most is life in prison.