Text of MD HB 1491 (2010)
Criminal Law - Prohibited Sexual Acts - Exclusion for Private Consensual
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As introduced
3,046 characters
EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb1491*
HOUSE BILL 1491
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0lr3525
By: Delegate Conaway
Introduced and read first time: March 3, 2010
Assigned to: Rules and Executive Nominations
A BILL ENTITLED
AN ACT concerning
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Criminal Law – Prohibited Sexual Acts – Exclusion for Private Consensual
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Noncommercial Adult Sexual Activity
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FOR the purpose of providing that certain prohibitions against certain sexual acts do
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not apply to certain consensual noncommercial sexual activity that takes place
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between consenting adults in private; and generally relating to the applicability
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of certain provisions of law prohibiting certain sexual acts.
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BY repealing and reenacting, with amendments,
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Article – Criminal Law
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Section 3–321 and 3–322
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Annotated Code of Maryland
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(2002 Volume and 2009 Supplement)
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SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
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MARYLAND, That the Laws of Maryland read as follows:
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Article – Criminal Law
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3–321.
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(A)
AN INDIVIDUAL MAY NOT BE CHARGED WITH THE OFFENSE OF
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SODOMY FOR A NONCOMMERCIAL ACT OF SODOMY THAT TAKES PLACE
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BETWEEN CONSENTING ADULTS IN PRIVATE.
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(B)
A person who is convicted of sodomy is guilty of a felony and is subject to
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imprisonment not exceeding 10 years.
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3–322.
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HOUSE BILL 1491
(a)
THIS SECTION DOES NOT APPLY TO A NONCOMMERCIAL SEXUAL ACT
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DESCRIBED IN SUBSECTION (B)(1) OR (2) OF THIS SECTION THAT TAKES PLACE
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BETWEEN CONSENTING ADULTS IN PRIVATE.
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(B)
A person may not:
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(1)
take the sexual organ of another or of an animal in the person’s
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mouth;
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(2)
place the person’s sexual organ in the mouth of another or of an
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animal; or
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(3)
commit another unnatural or perverted sexual practice with
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another or with an animal.
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[(b)] (C)
A person who violates this section is guilty of a misdemeanor and
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on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding
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$1,000 or both.
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[(c)] (D)
A person who violates this section is subject to § 5–106(b) of the
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Courts Article.
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[(d)] (E)
An indictment for a violation of this section:
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(1)
is sufficient if it states that the defendant committed an unnatural
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and perverted sexual practice with a person or animal as applicable; but
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(2)
need not state the particular:
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(i)
unnatural or perverted sexual practice with which the
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defendant is charged; or
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(ii)
manner in which the defendant committed the unnatural or
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perverted sexual practice.
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SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
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October 1, 2010.
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