Text of MD HB 1491 (2010)

Criminal Law - Prohibited Sexual Acts - Exclusion for Private Consensual

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EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW. [Brackets] indicate matter deleted from existing law. *hb1491* HOUSE BILL 1491 E1 0lr3525 By: Delegate Conaway Introduced and read first time: March 3, 2010 Assigned to: Rules and Executive Nominations A BILL ENTITLED AN ACT concerning 1 Criminal Law – Prohibited Sexual Acts – Exclusion for Private Consensual 2 Noncommercial Adult Sexual Activity 3 FOR the purpose of providing that certain prohibitions against certain sexual acts do 4 not apply to certain consensual noncommercial sexual activity that takes place 5 between consenting adults in private; and generally relating to the applicability 6 of certain provisions of law prohibiting certain sexual acts. 7 BY repealing and reenacting, with amendments, 8 Article – Criminal Law 9 Section 3–321 and 3–322 10 Annotated Code of Maryland 11 (2002 Volume and 2009 Supplement) 12 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF 13 MARYLAND, That the Laws of Maryland read as follows: 14 Article – Criminal Law 15 3–321. 16 (A) AN INDIVIDUAL MAY NOT BE CHARGED WITH THE OFFENSE OF 17 SODOMY FOR A NONCOMMERCIAL ACT OF SODOMY THAT TAKES PLACE 18 BETWEEN CONSENTING ADULTS IN PRIVATE. 19 (B) A person who is convicted of sodomy is guilty of a felony and is subject to 20 imprisonment not exceeding 10 years. 21 3–322. 22 2 HOUSE BILL 1491 (a) THIS SECTION DOES NOT APPLY TO A NONCOMMERCIAL SEXUAL ACT 1 DESCRIBED IN SUBSECTION (B)(1) OR (2) OF THIS SECTION THAT TAKES PLACE 2 BETWEEN CONSENTING ADULTS IN PRIVATE. 3 (B) A person may not: 4 (1) take the sexual organ of another or of an animal in the person’s 5 mouth; 6 (2) place the person’s sexual organ in the mouth of another or of an 7 animal; or 8 (3) commit another unnatural or perverted sexual practice with 9 another or with an animal. 10 [(b)] (C) A person who violates this section is guilty of a misdemeanor and 11 on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding 12 $1,000 or both. 13 [(c)] (D) A person who violates this section is subject to § 5–106(b) of the 14 Courts Article. 15 [(d)] (E) An indictment for a violation of this section: 16 (1) is sufficient if it states that the defendant committed an unnatural 17 and perverted sexual practice with a person or animal as applicable; but 18 (2) need not state the particular: 19 (i) unnatural or perverted sexual practice with which the 20 defendant is charged; or 21 (ii) manner in which the defendant committed the unnatural or 22 perverted sexual practice. 23 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 24 October 1, 2010. 25