Certainly. Somebody may well not interact in “vaginal intercourse,” a “sexual act,” or “sexual Speak to” with A different In case the target can be a substantially cognitively impaired person or mentally incapacitated unique and the individual executing the act is aware or reasonably really should realize that the target is often a significantly cognitively impaired or mentally incapacitated person. MD Code, Criminal Law, § 3-304; three-307.
(1) if the sufferer is incapable of resisting or of knowing the nature of the act by motive of stupor or irregular affliction of the intellect, which might probably include unconsciousness, produced by a narcotic or anesthetic agent or other controlled perilous compound administered with the offender and with no knowledge of the sufferer;
That human being compels the target to submit by force or by danger of imminent Dying, critical bodily harm, or kidnapping, for being inflicted on any human being;
the complainant was enrolled inside of a secondary college and: the actor was a accredited educator utilized or contracted to offer service for The college at which the complainant was a pupil;
the victim is prevented from resistance via the infliction, tried infliction, or threatened infliction of bodily damage, accompanied by obvious electrical power of execution; or even the victim is not able to resist resulting from any intoxicating, narcotic, or anesthetic substance;
It truly is provided by a person who by motive of youth, mental disorder or defect or intoxication is manifestly unable or regarded with the actor to become struggling to make a reasonable judgment as to the nature of harmfulness with the carry out charged to represent an offense; or
Employed from the department of community health and human expert services for your purposes of finishing up the Section’s obligations and
Of course. Even though not expressly mentioned while in the statute, evidence the victim was unconscious could guidance a conclusion that sufferer was physically struggling to resist.
Complainant is at the least 16 but fewer than eighteen several years of age plus the actor is in excess of 36 months older than the complainant As well as in a recent or current posture of authority in excess of the complainant (neither blunder as to your complainant’s age nor consent to the act by the complainant shall be a protection).
this sort of other man or woman is placed or obtaining solutions beneath the route of the Commissioner of Developmental Services in almost any general public or non-public facility or system plus the actor has supervisory or disciplinary authority in excess of this sort of other man or woman.
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(2) ready of authority or situation of Exclusive belief and he / she engages in sexual intercourse having a small below 18 yrs outdated with whom they comes into Get hold of due to that situation;
(27) the actor can be a psychiatrist, a psychologist or accredited like a social worker or counseling Qualified or purports for being a psychiatrist, a psychologist or accredited like a social worker or counseling Qualified to another particular person and one other individual, not the actor’s husband or wife, is a latest patient or client on the actor and the sexual Speak to includes penetration (Class C crime);
receiving expert services from a youth care facility and the perpetrator: (A) has supervisory or disciplinary authority above the sufferer or is offering procedure to your target; and (B) is an staff, contractor, or volunteer with the youth treatment facility; or