Maryland Code, Criminal Law § 3-318
Current as of December 31, 2021 | Updated by FindLaw Staff
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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.
Cite this article: FindLaw.com - Maryland Code, Criminal Law § 3-318 - last updated December 31, 2021 | https://codes.findlaw.com/md/criminal-law/md-code-crim-law-sect-3-318.html
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