• Current through October 23, 2012

A person shall be imprisoned for not more than 5 years and, in addition, may be fined in an amount not to exceed $50,000, if that person engages in or causes sexual contact with or by another person in the following manner:

(1) By threatening or placing that other person in reasonable fear (other than by threatening or placing that other person in reasonable fear that any person will be subjected to death, bodily injury, or kidnapping); or

(2) Where the person knows or has reason to know that the other person is:

(A) Incapable of appraising the nature of the conduct;

(B) Incapable of declining participation in that sexual contact; or

(C) Incapable of communicating unwillingness to engage in that sexual contact.

(May 23, 1995, D.C. Law 10-257, § 204, 42 DCR 53; June 3, 1997, D.C. Law 11-275, § 13(d), 44 DCR 1408.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 22-4105.

Legislative History of Laws

For legislative history of D.C. Law 10-257, see Historical and Statutory Notes following § 22-3001.

For legislative history of D.C. Law 11-275, see Historical and Statutory Notes following § 22-3002.