MD CRIMINAL-LAW 3-301

Maryland Criminal Law Code Section 3-301 (2023) - Definitions (a) In this subtitle the following words have the meanings indicated. (b) “Mentally incapacitated individual” means an individual who, because of the influence of a drug, narcotic, or intoxicating substance, or because of an act committed on the individual without the individual’s consent or awareness, is rendered substantially incapable of: (1) appraising the nature of the individual’s conduct; or (2) resisting vaginal intercourse, a sexual act, or sexual contact. (c) “Physically helpless individual” means an individual who: (1) is unconscious; or (2) (i) does not consent to vaginal intercourse, a sexual act, or sexual contact; and (ii) is physically unable to resist, or communicate unwillingness to submit to, vaginal intercou...