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«Print page 1. TABLE OF CONTENTS Abduction By Relative See Kidnapping Abuse, Animal Abuse, Child Abuse, Vulnerable Adult Accessory After The Fact ...»

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SECOND DEGREE RAPE

Second degree rape may be committed without force or threat of force and with the consent of

the victim if:

1. The victim is mentally defective, mentally incapacitated, or physically helpless and the defendant knew or reasonably should have known of the victim's condition; or

2. The victim is under 14 years of age and the defendant is at least four years older than the victim.

ENHANCED PENALTIES – SECOND DEGREE RAPE

1. If the defendant is 18 years of age or older and violates CR 3-304(a)(1) or (2) involving a child under the age of 13, the penalty is no less than 5 years imprisonment and not to exceed 20 years.

The court may not suspend any part of the mandatory minimum sentence of 5 years (Subject to State compliance under CR 3-304(d).

NOTE: As to both degrees of rape, any degree of penetration, no matter how slight, is sufficient to establish the element of vaginal intercourse.

LIFETIME SEXUAL OFFENDER SUPERVISION

Certain defendants under certain circumstances may face a term of lifetime sexual offender supervision as provided under CP 11-723.

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NOTE: First and Second Degree Sexual Offenses involve the commission of a Sexual Act, defined as cunnilingus, fellatio, anilingus, or anal intercourse (but not vaginal intercourse; see RAPE above), or an act in which an object or part of an individual’s body penetrates, however slightly, into another individual’s genital opening or anus and that can reasonably be construed to be for sexual arousal or gratification, or for the abuse of either party. Sexual CONTACT, as used in Third Degree Sexual Offense, Fourth Degree Sexual Offense, and sexual offenses by a Correctional employee under CR 3-314) is the intentional touching of the victim's or actor’s genital, anal, or other intimate area for sexual arousal or gratification, or for the abuse of either party. For further clarification, refer to CR 3-301, or consult the State's Attorney's Office.

The charging language used for all sexual offenses is authorized by CR 3-301. See the note following each section for a list of the elements which must be present in the Statement of Probable Cause in order to find probable cause at the initial appearance.

Under CR 3-305 and CR 3-306 Enhanced penalties may apply in cases where the defendant is 18 years of age or older and the victim is a child under the age of 13. The enhanced penalty may include mandatory minimum sentence, without parole. In addition, the court may not suspend the minimum sentence. This is subject to the State's compliance of the requirement to file notice of intent to seek enhanced penalty.

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GENERAL NOTE: To rob is to take something away from a person by force or violence (no matter how slight) or by threat of force or violence. The victim must be a person, not a business, corporation, institute, or governmental entity, but need not be the owner of the property. The victim is the person from whom the property was taken, and there should be a separate charge for each victim.

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...did obtain unauthorized [possession/control] of a motor vehicle, to wit: _____ (describe), from _____ (name of victim) who was then and there in actual possession of the motor vehicle, by [force/violence/placing said individual in fear through intimidation/threat of force/threat of violence].

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…did [forcibly/fraudulently] [carry/cause to be carried] a certain person, to wit: _____, with the intent to have the said person [carried/concealed] [within/out of] this State.

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NOTE: The following notes apply to all Child abuse charges under this heading.

NOTE: 1. Child means any individual under the age of 18 years.

2. Abuse means the sustaining of physical injury by a child as a result of cruel or inhumane treatment or as a result of a malicious act by any parent or other person who has permanent or temporary care or custody or responsibility for supervision of a child, or by any household or family member, under circumstances that indicate that the childs health or welfare is harmed or threatened by the treatment or act.

3. Sexual abuse means any act that involves sexual molestation or exploitation of a child;

whether physical injuries are sustained or not, by a parent or other person who has permanent or temporary care or custody or responsibility for supervision of a child, or by any household or family member.

Sexual abuse includes, but is not limited to incest, rape, or sexual offense in any degree; sodomy and unnatural or perverted sexual practices.

4. Family member means a relative of a child by blood, adoption, or marriage.

5. Household member means a person who lives with, or is a regular presence in, a home of a child at the time of the alleged abuse.

NOTE: A parent should always be charged under Child Abuse: Parent, or Child Abuse: Par-Res Death (if the victim died as a result of the abuse) because of the legal responsibilities of a parent to his or her child.





A family or household member other than the parent or legal guardian should always be charged, using the appropriate wording, under Child Abuse: Parent, or Child Abuse: Par-Res Death,

UNLESS THE FAMILY OR HOUSEHOLD MEMBER HAS BEEN LEFT IN TEMPORARY

CARE, CUSTODY, AND CONTROL OF THE VICTIM (for instance, as a baby-sitter). In that event, Child Abuse: Custodian, or Child Abuse: Cust-Res Death should be used along with the word temporary.

A legal guardian should be charged under the appropriate custodian section using the word permanent.

For purposes of this section, there is no difference between an adoptive parent and a natural parent.

NOTE: For the purposes of this section, judicial construction has defined cruel and inhumane treatment by a parent or custodian (but not by a family or household member) to include a failure...to provide necessary medical care... if that failure was due to negligence and if it resulted in serious physical injury or death. This includes a situation where the child had already suffered injury and...as a result... the child suffered bodily harm additional to that initially sustained as a consequence of the injury originally inflicted upon him. (State vs. Fabritz, 276 Md. 416, 424, 425 -1975)

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...did cause sexual abuse to ________ (name), a minor, the defendant being [parent/other person], to wit: ________ (position) who has [permanent/temporary] [care/custody/responsibility for supervision] of ______ (name).

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...did cause [abuse to/neglect of] _____, a vulnerable adult, the defendant being a [parent/care giver/other person, to wit: ___ (position)] who has [permanent care/temporary care/responsibility for the supervision] of ____ (name).

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**EXTORTION: VALUE LESS $1,000** *1_1286*...did [obtain/attempt to obtain/conspire with ________ (name) to obtain] by [actual/threat of] [force/violence/economic injury] [money/property/labor/services/anything of value] having a value of less than $1,000 from ______ (victim), in violation of CR 3-701(b) of the Annotated Code of Maryland.

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**EXTORTION: VALUE $100,000 OR MORE** *1_1207*...did [obtain/attempt to obtain/conspire with _______ (name) to obtain] by [actual/threat of] [force/violence/economic injury], [money/property/labor/services/anything of value] having a value of _____(amount), $100,000 or more, in violation of CR 3-701(b) of the Annotated Code of Maryland.

CR 3-701(b)(3)

MISDEMEANOR

$1,000- 18 MOS *1_1209* **EXTORTION/ID DOC - LESS THAN $1,000 ** … did [obtain/attempt to obtain/conspire with ______(name) to obtain] [money/property/labor/services/anything of value] by [destruction of/concealment of/removal of/confiscation of/possession of] [immigration/government] identification document with the intent to harm the immigration status of ______(victim) having a value of less than $1,000.

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… did [obtain/attempt to obtain/conspire with ______(name) to obtain] [money/property/labor/services/anything of value] by [destruction of/concealment of/removal of/confiscation of/possession of] [immigration/government] identification document with the intent to harm the immigration status of ______(victim) having a value of _____(amount), at least $1,000 but less than $10,000.

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… did [obtain/attempt to obtain/conspire with ______(name) to obtain] [money/property/labor/services/anything of value] by [destruction of/concealment of/removal of/confiscation of/possession of] [immigration/government] identification document with the intent to harm the immigration status of ______(victim) having a value of _____(amount), at least $10,000 but less than $100,000.

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… did [obtain/attempt to obtain/conspire with ______(name) to obtain] [money/property/labor/services/anything of value] by [destruction of/concealment of/removal of/confiscation of/possession of] [immigration/government] identification document with the intent to harm the immigration status of ______(victim) having a value of _____(amount), at least $10,000 but less than $100,000.

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… did [obtain/attempt to obtain/conspire with ______(name) to obtain] [money/property/labor/services/anything of value] by [destruction of/concealment of/removal of/confiscation of/possession of] [immigration/government] identification document with the intent to harm the immigration status of ______(victim) having a value of _____(amount), $100,000 or more.

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...did engage in _____ (describe activity) solely to [coerce/intimidate] _____ (name) to [contribute/donate] [goods/materials/services/ monies] to _____ a [social/economic/political] [organization/association].

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...did knowingly and wilfully make a threat to [take the life of/ kidnap/cause bodily injury] to [a State Official/a Local Official/a Deputy State’s Attorney/an Assistant State’s Attorney/an Assistant Public Defender] to wit: _____(name).

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...did knowingly [send/deliver/part with/make for the purpose of sending/make for the purpose of delivering] a threat to [take the life of/kidnap/cause bodily injury] to ____ (name), [a State Official/a Local Official/a Deputy State’s Attorney/an Assistant State’s Attorney/an Assistant Public Defender].

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...did without a legal purpose, follow ____ (victim) [in/about] _____, a public place, with the intent to [harass/alarm/annoy] _____(victim) after [warning/request] to desist.

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...did use telephone [facilities/equipment] for [comment/request/ suggestion/proposal which] was [obscene/lewd/lascivious/filthy/indecent] to ____ (victim).

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… did without legal purpose, maliciously engage in a course of conduct, through the use of electronic communication that [alarmed/seriously annoyed] ______ (name) with the intent to [harass/alarm/annoy] ____(name), after receiving a reasonable [warning/request to stop] by ______(name) [for/ on behalf of] [himself/herself/another to wit: _____].

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...did intentionally cause serious emotional distress to _____(name) by intentionally placing on the internet an identifiable [photograph/film/videotape/recording/reproduction of an image] with said [person’s intimate parts exposed/ person engaged in an act of sexual contact], while knowing that said person did not consent to the placement of the image on the internet and under circumstances in which the other person had a reasonable expectation that the image would be kept private.

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...did intentionally assemble with another person to disrupt the right to tranquillity of ______(name) in his home and dwelling.

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