Walker v. State

LAWRENCE F. RODOWSKY,

Judge, retired, specially assigned.

Maryland Code (1957, 1996 Repl.Vol.), Article 27, § 464B in relevant part provides:

“(a) A person is guilty of a sexual offense in the third degree if the person engages in:

“(5) Vaginal intercourse with another person who is 14 or 15 years of age and the person performing the act is at least 21 years of age.”

In Garnett v. State, 332 Md. 571, 632 A.2d 797 (1993), we held that the second degree rape statute, § 463(a)(3) (victim under fourteen years of age and defendant at least four years older), did not recognize a reasonable mistake of…