Sex Related Crimes Flashcards
(23 cards)
What statue defines rape in the first degree?
3-303
What aggravating factors elevate rape in the first degree?
Use of a weapon, serious injury, threat of death, or the act during a burglary
What is the key difference between first degree and second degree rape?
First degree involves aggravating circumstances while second degree does not
What statute defines rape in the first degree in Maryland?
Maryland Criminal Law § 3-303.
This statute outlines the legal definition and parameters for first-degree rape in the state.
What aggravating factors elevate rape to the first degree in Maryland?
Use of a weapon, serious physical injury, threat of death, or the act occurring during a burglary.
These factors significantly increase the severity of the crime.
What is the key difference between first-degree and second-degree rape in Maryland?
First-degree rape involves aggravating circumstances; second-degree rape does not.
What is considered rape in the second degree under Maryland law?
Vaginal intercourse by force or threat of force without consent, or with a mentally incapacitated or physically helpless victim.
What is the age threshold for statutory rape in Maryland?
A person cannot engage in vaginal intercourse with someone under 14, especially if the offender is at least 4 years older.
Under Maryland law, can a person be convicted of rape if the victim did not physically resist?
Yes. Lack of physical resistance does not imply consent.
What degree of sexual offense involves a sexual act (not intercourse) by force or threat of force?
Sexual offense in the second degree (Crim Law § 3-306).
What is the difference between a sexual act and vaginal intercourse in Maryland law?
A sexual act includes anal/oral acts or penetration with an object, whereas vaginal intercourse is specific to genital penetration.
What is the penalty for first-degree rape in Maryland?
It is a felony punishable by life imprisonment, with or without parole.
Is consent valid in Maryland if a person is mentally incapacitated or physically helpless?
No. Such a person is considered unable to give legal consent.
What defines a third-degree sexual offense in Maryland?
Sexual contact by force or threat of force, or with a person unable to consent, or under specific age conditions.
Can a spouse be charged with rape under Maryland law?
Yes. Spousal immunity has been eliminated in many cases, especially if force or threat is used.
What statute governs second-degree sexual offenses in Maryland?
Maryland Criminal Law § 3-306.
What type of sex offense is charged when an adult engages in a sexual act with a child under 14 and is at least 4 years older?
First-degree rape or first-degree sexual offense, depending on the act.
What does ‘mentally incapacitated’ mean under Maryland law?
A person unable to consent due to drugs, alcohol, or other substances affecting their ability to understand or control behavior.
What is sexual contact according to Maryland law?
The intentional touching of intimate parts for sexual arousal, gratification, or abuse.
What is the statute for sexual offense in the third degree?
Maryland Criminal Law § 3-307.
Can a person be charged if they commit a sex offense while aiding another person?
Yes. Participation as an accomplice or acting in concert can still result in conviction.
What is fourth-degree sexual offense under Maryland law?
It includes sexual contact with minors ages 14–15 by someone at least 4 years older, or any non-consensual sexual contact without force.
What is the statute of limitations for prosecuting rape in Maryland?
There is no statute of limitations for prosecuting felony sex offenses, including rape.
