In this subtitle the following words have the meanings indicated. “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: appraising the nature of the individual’s conduct; or resisting vaginal intercourse, a sexual act, or sexual contact. “Physically helpless individual” means an individual who: is unconscious; or does not consent to vaginal intercourse, a sexual act, or sexual contact; and is physically unable to resist, or communicate unwillingness to submit to, vaginal intercourse, a sexual act, or sexual contact. “Sexual act” means any of the following acts, regardless of whether semen is emitted: analingus; cunnilingus; fellatio; anal intercourse, including penetration, however slight, of the anus; 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 act” does not include: vaginal intercourse; or 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. “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. “Sexual contact” does not include: a common expression of familial or friendly affection; or an act for an accepted medical purpose. “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: appraising the nature of the individual’s conduct; resisting vaginal intercourse, a sexual act, or sexual contact; or communicating unwillingness to submit to vaginal intercourse, a sexual act, or sexual contact. “Vaginal intercourse” means genital copulation, whether or not semen is emitted. “Vaginal intercourse” includes penetration, however slight, of the vagina.

In this subtitle, “consent” means the clear and voluntary agreement by an individual to engage in vaginal intercourse, a sexual act, or sexual contact. In this subtitle: the existence of consent, lack of consent, or withdrawal of consent shall be determined based on a totality of the circumstances, including the words and conduct of the victim and the defendant; consent may be withdrawn before or during vaginal intercourse, a sexual act, or sexual contact; the lack of consent may be communicated through words or conduct; a current or previous dating, social, or sexual relationship by itself does not constitute consent; submission as a result of fear, threat, or coercion does not constitute consent if the individual alleged to have performed the act in violation of this subtitle knows or reasonably should know that the victim would submit as a result of fear, threat, or coercion; and the manner of dress of an individual does not constitute consent. This section may not be construed to require documentation of consent.

In this subtitle an undefined word or phrase that describes an element of common-law rape retains its judicially determined meaning, except to the extent it is expressly or impliedly changed in this subtitle.

A person may not: engage in vaginal intercourse with another by force, or the threat of force, without the consent of the other; or engage in a sexual act with another by force, or the threat of force, without the consent of the other; and employ or display a dangerous weapon, or a physical object that the victim reasonably believes is a dangerous weapon; suffocate, strangle, disfigure, or inflict serious physical injury on the victim or another in the course of committing the crime; 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; commit the crime while aided and abetted by another; or commit the crime in connection with a burglary in the first, second, or third degree. 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. 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. 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 rape in the first degree and on conviction is subject to imprisonment not exceeding life. A person who violates subsection (b) of this section is guilty of the felony of rape in the first degree and on conviction is subject to imprisonment not exceeding life without the possibility of parole. A person who violates subsection (a) or (b) of this section is guilty of the felony of rape 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 § 3–305 of this subtitle as it existed before October 1, 2017. 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 rape 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. A court may not suspend any part of the mandatory minimum sentence of 25 years. The person is not eligible for parole during the mandatory minimum sentence. If the State fails to comply with subsection (e) of this section, the mandatory minimum sentence shall not apply. 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.

A person may not engage in vaginal intercourse or a sexual act with another: without the consent of the other; if the victim is a substantially cognitively impaired individual, a mentally incapacitated individual, or a physically helpless individual, and the person performing the act knows or reasonably should know that the victim is a substantially cognitively impaired individual, a mentally incapacitated individual, or a physically helpless individual; or if the victim is under the age of 14 years, and the person performing the act is at least 4 years older than the victim. A person 18 years of age or older may not violate subsection (a)(1) or (2) of this section involving a child under the age of 13 years. Except as provided in paragraph (2) of this subsection, a person who violates subsection (a) of this section is guilty of the felony of rape in the second degree and on conviction is subject to imprisonment not exceeding 20 years. Subject to subparagraph (iv) of this paragraph, a person 18 years of age or older who violates subsection (b) of this section is guilty of the felony of rape in the second degree and on conviction is subject to imprisonment for not less than 15 years and not exceeding life. A court may not suspend any part of the mandatory minimum sentence of 15 years. The person is not eligible for parole during the mandatory minimum sentence. If the State fails to comply with subsection (d) of this section, the mandatory minimum sentence shall not apply. If the State intends to seek a sentence of imprisonment for not less than 15 years under subsection (c)(2) of this section, the State shall notify the person in writing of the State’s intention at least 30 days before trial.

A person may not: engage in sexual contact with another without the consent of the other; and employ or display a dangerous weapon, or a physical object that the victim reasonably believes is a dangerous weapon; suffocate, strangle, disfigure, or inflict serious physical injury on the victim or another in the course of committing the crime; 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; commit the crime while aided and abetted by another; or commit the crime in connection with a burglary in the first degree under § 6–202 of this article, a burglary in the second degree under § 6–203 of this article, or a burglary in the third degree under § 6–204 of this article; engage in sexual contact with another if the victim is a substantially cognitively impaired individual, a mentally incapacitated individual, or a physically helpless individual, and the person performing the act knows or reasonably should know the victim is a substantially cognitively impaired individual, a mentally incapacitated individual, or a physically helpless individual; engage in sexual contact with another if the victim is under the age of 14 years, and the person performing the sexual contact is at least 4 years older than the victim; engage in a sexual act with another if the victim is 14 or 15 years old, and the person performing the sexual act is at least 21 years old; or engage in vaginal intercourse with another if the victim is 14 or 15 years old, and the person performing the act is at least 21 years old. A person who violates this section is guilty of the felony of sexual offense in the third degree and on conviction is subject to imprisonment not exceeding 10 years.

A person may not engage in: sexual contact with another without the consent of the other; except as provided in § 3–307(a)(4) of this subtitle, a sexual act with another if the victim is 14 or 15 years old, and the person performing the sexual act is at least 4 years older than the victim; or except as provided in § 3–307(a)(5) of this subtitle, vaginal intercourse with another if the victim is 14 or 15 years old, and the person performing the act is at least 4 years older than the victim. Except as provided in paragraph (2) of this subsection, a person who violates this section is guilty of the misdemeanor of sexual offense in the fourth degree and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $1,000 or both. On conviction of a violation of this section, a person who has been convicted on a prior occasion not arising from the same incident of a violation of § 3–303, § 3–304, §§ 3–307 through 3–310 of this subtitle, § 3–311 or § 3–312 of this subtitle as the sections existed before October 1, 2017, § 3–315 of this subtitle, or § 3–602 of this title is subject to imprisonment not exceeding 3 years or a fine not exceeding $1,000 or both. If the State intends to proceed against a person under subparagraph (i) of this paragraph, it shall comply with the procedures set forth in the Maryland Rules for the indictment and trial of a subsequent offender. Unless specifically charged by the State, a violation of this section may not be considered a lesser included crime of any other crime. A sentence imposed under this section may be imposed separate from and consecutive to or concurrent with a sentence for any crime based on the act establishing the violation of this section.

In this section the following words have the meanings indicated. “Person in a position of authority” means a person who: is at least 21 years old and works for remuneration or as a volunteer for a public or private preschool, elementary school, or secondary school; or is at least 22 years old and works for remuneration or as a volunteer for a program; and exercises supervision over or works or interacts with one or more minors who attend the school or participate in the program. “Person in a position of authority” includes a principal, vice principal, teacher, coach, or school counselor at a public or private preschool, elementary school, or secondary school. “Program” means: an individual, a business, a religious or faith–based institution, or an organization that provides, on a for–profit or nonprofit basis, instructional, coaching, recreational, spiritual, character–building, or supervisory services or activities for minors, including: sports, music, dance, art, or martial arts coaching or instruction; tutoring or academic enrichment; day care or after school care; scouting; or day or overnight camping; or any unit of local, State, or federal government. Except as provided in § 3–307(a)(4) or § 3–308(a)(2) of this subtitle, a person in a position of authority may not engage in a sexual act or sexual contact with a minor who, at the time of the sexual act or sexual contact: is a student enrolled at a school where the person in a position of authority works; or is participating in a program for which the person in a position of authority works; and is at least 6 years younger than the person in a position of authority. Except as provided in § 3–307(a)(5) or § 3–308(a)(3) of this subtitle, a person in a position of authority may not engage in vaginal intercourse with a minor who, at the time of the vaginal intercourse: is a student enrolled at a school where the person in a position of authority works; or is participating in a program for which the person in a position of authority works; and is at least 6 years younger than the person in a position of authority. A person in a position of authority may not violate subsection (b) of this section involving a child under the age of 13 years. A person who has previously been convicted of a violation of § 3–303, § 3–304, §§ 3–307 through 3–310 of this subtitle, § 3–311 or § 3–312 of this subtitle as the sections existed before October 1, 2017, § 3–315 of this subtitle, or § 3–602 of this title may not violate subsection (b) or (c) of this section. A person who violates subsection (b) of this section is guilty of the misdemeanor of sexual offense by a person in a position of authority and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $1,000 or both. A person who violates subsection (c) of this section is guilty of the felony of sexual offense by a person in a position of authority and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $25,000 or both. A person who violates subsection (d) of this section is guilty of the felony of sexual offense by a person in a position of authority and on conviction is subject to imprisonment not exceeding 20 years or a fine not exceeding $50,000 or both. Unless specifically charged by the State, a violation of this section may not be considered a lesser included crime of any other crime. A sentence imposed under this section may be imposed separate from and consecutive to or concurrent with a sentence for any crime based on the act establishing the violation of this section.

A person may not attempt to commit rape in the first degree. A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding life.

A person may not attempt to commit rape in the second degree. A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 20 years.

On conviction of a violation of § 3–304, § 3–307, or § 3–310 of this subtitle, a person is subject to imprisonment not exceeding life if the person has been convicted on a prior occasion not arising from the same incident: of any violation of § 3–303 or § 3–304 of this subtitle, or § 3–305 or § 3–306 of this subtitle as the sections existed before October 1, 2017; or in another state or in a federal, military, or Native American tribal court of a crime that, if committed in this State, would constitute a violation of § 3–303or § 3–304 of this subtitle, or § 3–305 or § 3–306 of this subtitle as the sections existed before October 1, 2017. If the State intends to proceed against a person under this section, it shall comply with the procedures set forth in the Maryland Rules for the indictment and trial of a subsequent offender.

In this section the following words have the meanings indicated. “Correctional employee” means a: correctional officer, as defined in § 8–201 of the Correctional Services Article; or managing official or deputy managing official of a correctional facility. “Correctional employee” includes a sheriff, warden, or other official who is appointed or employed to supervise a correctional facility. “Court–ordered services provider” means a person who provides services to an individual who has been ordered by the court, the Division of Parole and Probation, or the Department of Juvenile Services to obtain those services. “Incarcerated individual” has the meaning stated in § 1–101 of this article. “Incarcerated individual” includes an individual confined in a community adult rehabilitation center. “Law enforcement officer” has the meaning stated in § 1–101 of the Public Safety Article. This subsection applies to: a correctional employee; any other employee of the Department of Public Safety and Correctional Services or a correctional facility; an employee of a contractor providing goods or services to the Department of Public Safety and Correctional Services or a correctional facility; and any other individual working in a correctional facility, whether on a paid or volunteer basis. A person described in paragraph (1) of this subsection may not engage in sexual contact, vaginal intercourse, or a sexual act with an incarcerated individual. A person may not engage in sexual contact, vaginal intercourse, or a sexual act with an individual confined in a child care institution licensed by the Department of Juvenile Services, a detention center for juveniles, or a facility for juveniles listed in § 9–226(b) of the Human Services Article. A court–ordered services provider may not engage in sexual contact, vaginal intercourse, or a sexual act with an individual ordered to obtain services while the order is in effect. Except as provided in paragraph (2) of this subsection, a law enforcement officer may not engage in sexual contact, vaginal intercourse, or a sexual act with a person: who is a victim, witness, or suspect in an open investigation that the law enforcement officer is conducting, supervising, or assisting with if the law enforcement officer knew or should have known that the person is a victim, witness, or suspect in the investigation; requesting assistance from or responding to the law enforcement officer in the course of the law enforcement officer’s official duties; in the custody of the law enforcement officer; or who is a student enrolled in a school where the law enforcement officer is assigned as a school resource officer, as defined in § 7–1501 of the Education Article. Paragraph (1)(i) and (ii) of this subsection does not apply if the law enforcement officer: had a prior existing legal sexual relationship with the person; and did not act under the color or pretense of office or under color of official right when seeking consent to the vaginal intercourse, sexual act, or sexual contact. A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $3,000 or both. A sentence imposed for a violation of this section may be separate from and consecutive to or concurrent with a sentence for another crime under § 3–303, § 3–304, or §§ 3–307 through 3–310 of this subtitle, or § 3–305, § 3–306, § 3–311, or § 3–312 of this subtitle as the sections existed before October 1, 2017.

A person may not engage in a continuing course of conduct which includes three or more acts that would constitute violations of § 3–303, § 3–304, or § 3–307 of this subtitle, or violations of § 3–305 or § 3–306 of this subtitle as the sections existed before October 1, 2017, over a period of 90 days or more, with a victim who is under the age of 14 years at any time during the course of conduct. A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 30 years. A sentence imposed under this section may be separate from and consecutive to or concurrent with a sentence under § 3–602 of this title. In determining whether the required number of acts occurred in violation of this section, the trier of fact: must determine only that the required number of acts occurred; and need not determine which acts constitute the required number of acts. A person may not be charged with a violation of § 3–303, § 3–304, or § 3–307 of this subtitle involving the same victim in the same proceeding as a violation of this section unless the other violation charged occurred outside the time period charged under this section. A person may not be charged with a violation of § 3–303, § 3–304, or § 3–307 of this subtitle involving the same victim unless the violation charged occurred outside the time period charged under this section. For purposes of prosecution under this section, violations of subsection (a) of this section that occur in separate periods of 90 days or more shall be considered separate violations.

If a person is transported with the intent to violate a provision of § 3–303, § 3–304, §§ 3–307 through 3–310, § 3–314, or § 3–315 of this subtitle, and the intent is followed by actual violation of a provision of § 3–303, § 3–304, §§ 3–307 through 3–310, § 3–314, or § 3–315 of this subtitle, the defendant may be tried in the appropriate court in a county where the transportation was offered, solicited, begun, continued, or ended.

An indictment, information, or warrant for a crime under § 3–303, § 3–304, §§ 3–307 through 3–310, or § 3–314 of this subtitle is sufficient if it substantially states: “(name of defendant) on (date) in (county) committed a rape or sexual offense on (name of victim) in violation of (section violated) against the peace, government, and dignity of the State.”. In a case in which the general form of indictment, information, or warrant described in subsection (a) of this section is used, the defendant is entitled to a bill of particulars specifically setting forth the allegations against the defendant.

Evidence relating to a victim’s reputation for chastity or abstinence and opinion evidence relating to a victim’s chastity or abstinence may not be admitted in a prosecution for: a crime specified under this subtitle or a lesser included crime; the sexual abuse of a minor under § 3-602 of this title or a lesser included crime; or the sexual abuse of a vulnerable adult under § 3-604 of this title or a lesser included crime. Evidence of a specific instance of a victim’s prior sexual conduct may be admitted in a prosecution described in subsection (a) of this section only if the judge finds that: the evidence is relevant; the evidence is material to a fact in issue in the case; the inflammatory or prejudicial nature of the evidence does not outweigh its probative value; and the evidence: is of the victim’s past sexual conduct with the defendant; is of a specific instance of sexual activity showing the source or origin of semen, pregnancy, disease, or trauma; supports a claim that the victim has an ulterior motive to accuse the defendant of the crime; or is offered for impeachment after the prosecutor has put the victim’s prior sexual conduct in issue. Evidence described in subsection (a) or (b) of this section may not be referred to in a statement to a jury or introduced in a trial unless the court has first held a closed hearing and determined that the evidence is admissible. The court may reconsider a ruling excluding the evidence and hold an additional closed hearing if new information is discovered during the course of the trial that may make the evidence admissible.

Evidence of physical resistance by the victim is not required to prove that a crime under this subtitle was committed. The provisions of subsection (a) of this section may not be construed to affect the admissibility of evidence of actual physical resistance by the victim.

In a criminal prosecution under § 3–303, § 3–304, §§ 3–307 through 3–310, § 3–314, or § 3–315 of this subtitle, a judge may not instruct the jury: to examine the testimony of the prosecuting witness with caution, solely because of the nature of the charge; that the charge is easily made or difficult to disprove, solely because of the nature of the charge; or to follow another similar instruction, solely because of the nature of the charge.

The common law crime of sodomy has been repealed.

A person may not knowingly engage in vaginal intercourse with anyone whom the person may not marry under § 2-202 of the Family Law Article. A person who violates this section is guilty of a felony and on conviction is subject to imprisonment for not less than 1 year and not exceeding 10 years.

In this section, “solicit” means to command, authorize, urge, entice, request, or advise a person by any means, including: in person; through an agent or agency; over the telephone; through any print medium; by mail; by computer or Internet; or by any other electronic means. A person may not, with the intent to commit a violation of § 3–304, § 3–307, or § 3–308.1(c) or (d) of this subtitle or § 11–207, § 11–303, § 11–304, § 11–305, § 11–306, or § 11–307 of this article, knowingly solicit a minor, or a law enforcement officer posing as a minor, to engage in activities that would be unlawful for the person to engage in under § 3–304, § 3–307, or § 3–308.1(c) or (d) of this subtitle or § 11–207, § 11–303, § 11–304, § 11–305, § 11–306, or § 11–307 of this article. A person may not, with the intent to commit a violation of § 3–304, § 3–307, or § 3–308.1(c) or (d) of this subtitle or § 11–207, § 11–303, § 11–304, § 11–305, § 11–306, or § 11–307 of this article, knowingly solicit the consent of a parent, guardian, or custodian of a minor, or a law enforcement officer posing as a parent, guardian, or custodian of a minor, to engage in activities with the minor that would be unlawful for the person to engage in under § 3–304, § 3–307, or § 3–308.1(c) or (d) of this subtitle or § 11–207, § 11–303, § 11–304, § 11–305, § 11–306, or § 11–307 of this article. A violation of this section is considered to be committed in the State for purposes of determining jurisdiction if the solicitation: originated in the State; or is received in the State. A person who violates this section is guilty of a felony and on conviction is subject to: for a first offense, imprisonment not exceeding 10 years or a fine not exceeding $25,000 or both; and for a second or subsequent offense, imprisonment not exceeding 20 years or a fine not exceeding $50,000 or both.

In this section the following words have the meanings indicated. “Personal identifying information” has the meaning stated in § 8–301 of this article. “Sexual crime” means an act that would constitute a violation of this subtitle, § 3–602 of this title, § 3–902 of this title, or Title 11 of this article. A person may not use the personal identifying information or identity of an individual without consent to invite, encourage, or solicit another to commit a sexual crime against the individual. A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 20 years or a fine not exceeding $25,000 or both. A State’s Attorney or the Attorney General may investigate and prosecute a violation of this section or a violation of any crime based on the act establishing a violation of this section. If the Attorney General exercises authority under paragraph (1) of this subsection, the Attorney General has all the powers and duties of a State’s Attorney, including the use of a grand jury in any county or Baltimore City, to investigate and prosecute the violation. Notwithstanding any other provision of law, the prosecution of a violation of this section or for a violation of any crime based on the act establishing a violation of this section may be commenced in any county in which: an element of the crime occurred; or the victim resides.