B005-9899

10 	AN ACT CONCERNING

20		RAPE--DEFINITION, CRIME and PUNISHMENT 

30 	FOR the purpose of changing the legal definition of rape to include forcible anal 
40     	intercourse; providing for the effective date of this Act.

50 	By adding to
60 	Article--Crimes and Punishments
70 	Section 27-462 through 27-643
80 	Annotated Code of Maryland

90 	SECTION 1. BE IT ENACTED BY THE MARYLAND STUDENT 
100 	LEGISLATURE:

110 			Article -- Crimes and Punishment

120 				Section 27-462

130	(a)  What constitutes. -- A person is guilty of rape in the first degree if the person 
140	engages in vaginal intercourse AND OR ANAL INTERCOURSE with another 
150	person by force or threat of force against the will and without the consent of the 
160	other person and:
170 	(1) Employs or displays a dangerous or deadly weapon or an article which the 
180 	other person reasonably concludes is a dangerous or deadly weapon; or
190	(2) Inflicts suffocation, strangulation, disfigurement, or serious physical injury 
200	upon the other person or upon anyone else in the course of committing the 
210 	offense; or
220	(3) Threatens or places the victim in fear the that the victim or any person known 
230	to the victim will be imminently subjected to death, suffocation, strangulation, 
240	disfigurement, serious injury, or kidnapping; or
250	(4) That the person commits the offense aided and abetted by one or more other 
260	persons.
270 	(b) Penalty. -- Any person violating the provisions of this section is guilty of a 
280	felony and upon conviction is subject to imprisonment for no more than a period 
290	of his natural life.

300 				Section 463

310 	(a) What constitutes. -- A person is guilty of rape in the second degree if the 
320	person engages in vaginal intercourse AND OR ANAL INTERCOURSE with 
330	another person:
340		(1) By force or threat of force against the will and without the consent of the other 
350		person; or
360		(2) Who is mentally defective, mentally incapacitated, or physically helpless, and 
370		the person performing the act knows or should reasonably know the other person 
380		is mentally defective, mentally incapacitated, or physically helpless; or
390		(3) Who is under 14 years of age and the person performing the act is at least four 
400		years older than the victim.
410	 (b) Penalty. -- Any person violating the provision of this section is guilty of a 
420	felony and upon conviction is subject to imprisonment for a period of not more 
430	than 20 years.

440 	SECTION 2. AND BE IT FURTHER ENACTED, that this Act shall take 
450	effect on October 1, 1999.

460	MANDATES:	Governor Parris N. Glendening
470			Lt. Governor Kathleen Kennedy-Townsend
480 			The Honorable Thomas V. "Mike" Miller
490 			The Honorable Casper R. Taylor, Jr.

Sponsor:
Will Myers
Frostburg State University
2 Bobcat Court Apt. F
Frostburg, MD 21532