2016 Maryland Code
Criminal Law
Title 3 - Other Crimes Against the Person
Subtitle 3 - Sexual Crimes
§ 3-301. Definitions

(a) In general. -- In this subtitle the following words have the meanings indicated.

** REVISOR'S NOTE

This subsection formerly was Art. 27, § 461(a).

** REVISOR'S NOTE

In this section, the references to this "subtitle" are substituted for the former references to this "subheading", although this subtitle is derived, in part, from material outside of that contained in the former "Sexual Offenses" subheading in Article 27. Because the material revised in this subtitle that was not contained in the former "Sexual Offenses" subheading does not use the terms defined in this section in a manner contrary to the meanings set forth here, no substantive change results.

** REVISOR'S NOTE

No other changes are made.

(b) Mentally incapacitated individual. -- "Mentally incapacitated individual" means an individual who, because of the influence of a drug, narcotic, or intoxicating substance, or because of an act committed on the individual without the individual's consent or awareness, is rendered substantially incapable of:

(1) appraising the nature of the individual's conduct; or

(2) resisting vaginal intercourse, a sexual act, or sexual contact.

** REVISOR'S NOTE

This subsection is new language derived without substantive change from former Art. 27, § 461(c).

** REVISOR'S NOTE

The defined term "mentally incapacitated individual" is substituted for the former defined term "mentally incapacitated" for grammatical accuracy.

** REVISOR'S NOTE

The references to an "individual" are substituted for the former references to a "victim" because, where the defined term "mentally defective individual" is applicable in this subtitle, the term "victim" is used in the substantive crime. See §§ 3-304(a)(2), 3-306(a)(2)(i), and 3-307(a)(2) of this subtitle.

** REVISOR'S NOTE

The former redundant phrase "the act of" is deleted as implicit in the reference to "vaginal intercourse".

(c) Physically helpless individual. -- "Physically helpless individual" means an individual who:

(1) is unconscious; or

(2) (i) does not consent to vaginal intercourse, a sexual act, or sexual contact; and

(ii) is physically unable to resist, or communicate unwillingness to submit to, vaginal intercourse, a sexual act, or sexual contact.

** REVISOR'S NOTE

This subsection is new language derived without substantive change from former Art. 27, § 461(d).

** REVISOR'S NOTE

The defined term "physically helpless individual" is substituted for the former defined term "physically helpless" for grammatical accuracy.

** REVISOR'S NOTE

The references to an "individual" are substituted for the former references to a "victim" because, where the defined term "physically helpless individual" is applicable in this subtitle, the term "victim" is used in the substantive crime. See §§ 3-304(a)(2), 3-306(a)(2)(i), and 3-307(a)(2) of this subtitle.

** REVISOR'S NOTE

The former redundant phrases "an act of" are deleted as implicit in the references to "vaginal intercourse".

(d) Sexual act. --

(1) "Sexual act" means any of the following acts, regardless of whether semen is emitted:

(i) analingus;

(ii) cunnilingus;

(iii) fellatio;

(iv) anal intercourse, including penetration, however slight, of the anus; or

(v) an act:

1. in which an object or part of an individual's body penetrates, however slightly, into another individual's genital opening or anus; and

2. that can reasonably be construed to be for sexual arousal or gratification, or for the abuse of either party.

(2) "Sexual act" does not include:

(i) vaginal intercourse; or

(ii) an act in which an object or part of an individual's body penetrates an individual's genital opening or anus for an accepted medical purpose.

(e) Sexual contact. --

(1) "Sexual contact", as used in §§ 3-307, 3-308, and 3-314 of this subtitle, means an 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.

(2) "Sexual contact" does not include:

(i) a common expression of familial or friendly affection; or

(ii) an act for an accepted medical purpose.

(f) Substantially cognitively impaired individual. -- "Substantially cognitively impaired individual" means an individual who suffers from an intellectual disability or a mental disorder, either of which temporarily or permanently renders the individual substantially incapable of:

(1) appraising the nature of the individual's conduct;

(2) resisting vaginal intercourse, a sexual act, or sexual contact; or

(3) communicating unwillingness to submit to vaginal intercourse, a sexual act, or sexual contact.

(g) Vaginal intercourse. --

(1) "Vaginal intercourse" means genital copulation, whether or not semen is emitted.

(2) "Vaginal intercourse" includes penetration, however slight, of the vagina.

** REVISOR'S NOTE

This subsection is new language derived without substantive change from former Art. 27, § 461(g).

** REVISOR'S NOTE

In paragraph (1) of this subsection, the former reference to "ordinary meaning" is deleted as surplusage.

** REVISOR'S NOTE

In paragraph (2) of this subsection, the phrase "includes penetration, however slight, of the vagina" is substituted for the former inaccurate phrase "[p]enetration, however slight, is evidence of vaginal intercourse" for clarity.