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Section 14-101 - Mandatory sentences for crimes of violence.

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§ 14-101. Mandatory sentences for crimes of violence.(a)"Crime of violence" defined.- In this section, "crime of violence" means:(1) abduction;(2) arson in the first degree;(3) kidnapping;(4) manslaughter, except involuntary manslaughter;(5) mayhem;(6) maiming, as previously proscribed under former Article 27, §§ 385 and 386 of the Code;(7) murder;(8) rape;(9) robbery under § 3-402 or § 3-403 of this article;(10) carjacking;(11) armed carjacking;(12) sexual offense in the first degree;(13) sexual offense in the second degree;(14) use of a handgun in the commission of a felony or other crime of violence;(15) child abuse in the first degree under § 3-601 of this article;(16) sexual abuse of a minor under § 3-602 of this article if:(i) the victim is under the age of 13 years and the offender is an adult at the time of the offense; and(ii) the offense involved:1. vaginal intercourse, as defined in § 3-301 of this article;2. a sexual act, as defined in § 3-301 of this article;3. an act in which a part of the offender's body penetrates, however slightly, into the victim's genital opening or anus; or4. the intentional touching, not through the clothing, of the victim's or the offender's genital, anal, or other intimate area for sexual arousal, gratification, or abuse;(17) an attempt to commit any of the crimes described in items (1) through (16) of this subsection;(18) continuing course of conduct with a child under § 3-315 of this article;(19) assault in the first degree;(20) assault with intent to murder;(21) assault with intent to rape;(22) assault with intent to rob;(23) assault with intent to commit a sexual offense in the first degree; and(24) assault with intent to commit a sexual offense in the second degree.(b)Scope of section.- This section does not apply if a person is sentenced to death.(c)Fourth conviction of crime of violence.- (1) Except as provided in subsection (g) of this section, on conviction for a fourth time of a crime of violence, a person who has served three separate terms of confinement in a correctional facility as a result of three separate convictions of any crime of violence shall be sentenced to life imprisonment without the possibility of parole.(2) Notwithstanding any other law, the provisions of this subsection are mandatory.(d)Third conviction of crime of violence.- (1) Except as provided in subsection (g) of this section, on conviction for a third time of a crime of violence, a person shall be sentenced to imprisonment for the term allowed by law but not less than 25 years, if the person:(i) has been convicted of a crime of violence on two prior separate occasions:1. in which the second or succeeding crime is committed after there has been a charging document filed for the preceding occasion; and2. for which the convictions do not arise from a single incident; and(ii) has served at least one term of confinement in a correctional facility as a result of a conviction of a crime of violence.(2) The court may not suspend all or part of the mandatory 25-year sentence required under this subsection.(3) A person sentenced under this subsection is not eligible for parole except in accordance with the provisions of § 4-305 of the Correctional Services Article.(e)Second conviction of crime of violence.- (1) On conviction for a second time of a crime of violence committed on or after October 1, 1994, a person shall be sentenced to imprisonment for the term allowed by law, but not less than 10 years, if the person:(i) has been convicted on a prior occasion of a crime of violence, including a conviction for a crime committed before October 1, 1994; and(ii) served a term of confinement in a correctional facility for that conviction.(2) The court may not suspend all or part of the mandatory 10-year sentence required under this subsection.(f)Compliance with Maryland Rules.- If the State intends to proceed against a person as a subsequent offender under this section, it shall comply with the procedures set forth in the Maryland Rules for the indictment and trial of a subsequent offender.(g)Eligibility for parole after age 65.- (1) A person sentenced under this section may petition for and be granted parole if the person:(i) is at least 65 years old; and(ii) has served at least 15 years of the sentence imposed under this section.(2) The Maryland Parole Commission shall adopt regulations to implement this subsection. [An. Code 1957, art. 27, § 643B; 2002, ch. 26, § 2; 2004, ch. 25; 2006, ch. 261; 2007, chs. 524, 525.]
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  • § 14-101. Mandatory sentences for crimes of violence.
     

    (a)  "Crime of violence" defined.- In this section, "crime of violence" means: 

    (1) abduction; 

    (2) arson in the first degree; 

    (3) kidnapping; 

    (4) manslaughter, except involuntary manslaughter; 

    (5) mayhem; 

    (6) maiming, as previously proscribed under former Article 27, §§ 385 and 386 of the Code; 

    (7) murder; 

    (8) rape; 

    (9) robbery under § 3-402 or § 3-403 of this article; 

    (10) carjacking; 

    (11) armed carjacking; 

    (12) sexual offense in the first degree; 

    (13) sexual offense in the second degree; 

    (14) use of a handgun in the commission of a felony or other crime of violence; 

    (15) child abuse in the first degree under § 3-601 of this article; 

    (16) sexual abuse of a minor under § 3-602 of this article if: 

    (i) the victim is under the age of 13 years and the offender is an adult at the time of the offense; and 

    (ii) the offense involved: 

    1. vaginal intercourse, as defined in § 3-301 of this article; 

    2. a sexual act, as defined in § 3-301 of this article; 

    3. an act in which a part of the offender's body penetrates, however slightly, into the victim's genital opening or anus; or 

    4. the intentional touching, not through the clothing, of the victim's or the offender's genital, anal, or other intimate area for sexual arousal, gratification, or abuse; 

    (17) an attempt to commit any of the crimes described in items (1) through (16) of this subsection; 

    (18) continuing course of conduct with a child under § 3-315 of this article; 

    (19) assault in the first degree; 

    (20) assault with intent to murder; 

    (21) assault with intent to rape; 

    (22) assault with intent to rob; 

    (23) assault with intent to commit a sexual offense in the first degree; and 

    (24) assault with intent to commit a sexual offense in the second degree. 

    (b)  Scope of section.- This section does not apply if a person is sentenced to death. 

    (c)  Fourth conviction of crime of violence.-  

    (1) Except as provided in subsection (g) of this section, on conviction for a fourth time of a crime of violence, a person who has served three separate terms of confinement in a correctional facility as a result of three separate convictions of any crime of violence shall be sentenced to life imprisonment without the possibility of parole. 

    (2) Notwithstanding any other law, the provisions of this subsection are mandatory. 

    (d)  Third conviction of crime of violence.-  

    (1) Except as provided in subsection (g) of this section, on conviction for a third time of a crime of violence, a person shall be sentenced to imprisonment for the term allowed by law but not less than 25 years, if the person: 

    (i) has been convicted of a crime of violence on two prior separate occasions: 

    1. in which the second or succeeding crime is committed after there has been a charging document filed for the preceding occasion; and 

    2. for which the convictions do not arise from a single incident; and 

    (ii) has served at least one term of confinement in a correctional facility as a result of a conviction of a crime of violence. 

    (2) The court may not suspend all or part of the mandatory 25-year sentence required under this subsection. 

    (3) A person sentenced under this subsection is not eligible for parole except in accordance with the provisions of § 4-305 of the Correctional Services Article. 

    (e)  Second conviction of crime of violence.-  

    (1) On conviction for a second time of a crime of violence committed on or after October 1, 1994, a person shall be sentenced to imprisonment for the term allowed by law, but not less than 10 years, if the person: 

    (i) has been convicted on a prior occasion of a crime of violence, including a conviction for a crime committed before October 1, 1994; and 

    (ii) served a term of confinement in a correctional facility for that conviction. 

    (2) The court may not suspend all or part of the mandatory 10-year sentence required under this subsection. 

    (f)  Compliance with Maryland Rules.- If the State intends to proceed against a person as a subsequent offender under this section, it shall comply with the procedures set forth in the Maryland Rules for the indictment and trial of a subsequent offender. 

    (g)  Eligibility for parole after age 65.-  

    (1) A person sentenced under this section may petition for and be granted parole if the person: 

    (i) is at least 65 years old; and 

    (ii) has served at least 15 years of the sentence imposed under this section. 

    (2) The Maryland Parole Commission shall adopt regulations to implement this subsection. 
     

    [An. Code 1957, art. 27, § 643B; 2002, ch. 26, § 2; 2004, ch. 25; 2006, ch. 261; 2007, chs. 524, 525.]   

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