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§ 3-318. Rape and spousal offense -- Spousal defense

MD Crim Law Code § 3-318 (2019) (N/A)
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(a)    Except as provided in subsections (b) and (c) of this section, a person may not be prosecuted under § 3-303, § 3-304, § 3-307, or § 3-308 of this subtitle for a crime against a victim who was the person’s legal spouse at the time of the alleged rape or sexual offense.

(b)    A person may be prosecuted under § 3-303(a), § 3-304(a)(1), or § 3-307(a)(1) of this subtitle for a crime against the person’s legal spouse if:

(1)    at the time of the alleged crime the person and the person’s legal spouse have lived apart, without cohabitation and without interruption:

(i)    under a written separation agreement executed by the person and the spouse; or

(ii)    for at least 3 months immediately before the alleged rape or sexual offense; or

(2)    the person in committing the crime uses force or threat of force and the act is without the consent of the spouse.

(c)    A person may be prosecuted under § 3-303, § 3-304, § 3-307, or § 3-308 of this subtitle for a crime against the person’s legal spouse if at the time of the alleged crime the person and the spouse live apart, without cohabitation and without interruption, under a decree of limited divorce.

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