A019-1213

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AN ACT CONCERNING Child Kidnapping Age Cap and the Minimum Penalty FOR the purpose of changing the age and minimum penalty BY repealing, and reenacting, with amendments, Article CRIMINAL LAW Title 3- OTHER CRIMES AGAINST THE PERSON Subtitle 5- KIDNAPPING Section 3-503 Child Kidnapping Annotated Code of Maryland SECTION 1. BE IT ENACTED BY THE MARYLAND STUDENT LEGISLATURE, that the laws of Maryland read as follows: 3-503. Child kidnapping (a) Prohibited. (1) A person may not, without color of right: (i) forcibly abduct, take, or carry away a child OF OR under the age of 12 17 years from: 1. the home or usual place of abode of the child; or 2. the custody and control of the child's parent or legal guardian; (ii) without the consent of the child's parent or legal guardian, persuade or entice a child OF OR under the age of 12 17 years from: 1. the child's home or usual place of abode; or 2. the custody and control of the child's parent or legal guardian; or (iii) with the intent of depriving the child's parent or legal guardian, or any person lawfully possessing the child, of the custody, care, and control of the child, knowingly secrete or harbor a child OF OR under the age of 12 17 years. (2) In addition to the prohibitions provided under paragraph (1) of this subsection, a person may not, by force or fraud, kidnap, steal, take, or carry away a child OF OR under the age of 16 17 years. (b) Penalty. (1) A person who violates subsection (a)(1) of this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 20 years. (2) (i) Except as provided under subparagraph (ii) of this paragraph, a person, other than a parent of the child, who violates subsection (a)(2) of this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 30 years NOT LESS THAN 5 YEARS. (ii) 1. If a person convicted under subsection (a)(2) of this section is convicted in the same proceeding of rape or a first degree sexual offense under Subtitle 3 of this title, the person is guilty of a felony and on conviction is subject to imprisonment NOT LESS THAN 15 YEARS AND not exceeding life without the possibility of parole.

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2. If the State intends to seek a sentence of imprisonment for life without the possibility of parole under subsubparagraph 1 of this subparagraph, the State shall notify the person in writing of the State's intent at least 30 days before trial. SECTION 2. AND BE IT FURTHER ENACTED, that this act shall take effect on January 1, 2014 MANDATES: Martin OMalley, Governor of Maryland Anthony G. Brown, Lieutenant Governor of Maryland Barbara Mikulski, Maryland State Senator Ben Cardin, Maryland State Senator Sam Arora, Maryland State Delegate Susan K. McComas, Maryland State Delegate

SPONSOR:

Maria Sofia, Mount St. Marys University

CO-SPONSOR: Elizabeth Duhring, Delegation Chairperson, Mount St. Marys University