Section 3-305 - Sexual offense in the first degree.
§ 3-305. Sexual offense in the first degree.
(a) Prohibited.- A person may not:
(1) engage in a sexual act with another by force, or the threat of force, without the consent of the other; and
(2) (i) employ or display a dangerous weapon, or a physical object that the victim reasonably believes is a dangerous weapon;
(ii) suffocate, strangle, disfigure, or inflict serious physical injury on the victim or another in the course of committing the crime;
(iii) threaten, or place the victim in fear, that the victim, or an individual known to the victim, imminently will be subject to death, suffocation, strangulation, disfigurement, serious physical injury, or kidnapping;
(iv) commit the crime while aided and abetted by another; or
(v) commit the crime in connection with a burglary in the first, second, or third degree.
(b) Violation of § 3-503(a)(2) of this title.- A person may not violate subsection (a) of this section while also violating § 3-503(a)(2) of this title involving a victim who is a child under the age of 16 years.
(c) Age considerations.- A person 18 years of age or older may not violate subsection (a) of this section involving a victim who is a child under the age of 13 years.
(d) Penalty.-
(1) Except as provided in paragraphs (2), (3), and (4) of this subsection, a person who violates subsection (a) of this section is guilty of the felony of sexual offense in the first degree and on conviction is subject to imprisonment not exceeding life.
(2) A person who violates subsection (b) of this section is guilty of the felony of sexual offense in the first degree and on conviction is subject to imprisonment not exceeding life without the possibility of parole.
(3) A person who violates subsection (a) or (b) of this section is guilty of the felony of sexual offense in the first degree and on conviction is subject to imprisonment not exceeding life without the possibility of parole if the defendant was previously convicted of violating this section or § 3-303 of this subtitle.
(4) (i) Subject to subparagraph (iv) of this paragraph, a person 18 years of age or older who violates subsection (c) of this section is guilty of the felony of sexual offense in the first degree and on conviction is subject to imprisonment for not less than 25 years and not exceeding life without the possibility of parole.
(ii) A court may not suspend any part of the mandatory minimum sentence of 25 years.
(iii) The person is not eligible for parole during the mandatory minimum sentence.
(iv) If the State fails to comply with subsection (e) of this section, the mandatory minimum sentence shall not apply.
(e) Required notice.- If the State intends to seek a sentence of imprisonment for life without the possibility of parole under subsection (d)(2), (3), or (4) of this section, or imprisonment for not less than 25 years under subsection (d)(4) of this section, the State shall notify the person in writing of the State's intention at least 30 days before trial.
[An. Code 1957, art. 27, § 464; 2002, ch. 26, § 2; ch. 187, § 1; 2003, ch. 21, § 1; 2005, ch. 482; 2006 Sp. Sess., ch. 4; 2007, chs. 494, 495; 2008, ch. 36, § 6; ch. 345.]