(a) Neither mistake of age nor consent is a defense to a prosecution under §§ 22-3008 to 22-3010.01, prosecuted alone or in conjunction with charges under § 22-3018 or § 22-403.
(b) Marriage or domestic partnership between the defendant and the child or minor at the time of the offense is a defense, which the defendant must establish by a preponderance of the evidence, to a prosecution under §§ 22-3008 to 22-3010.01, prosecuted alone or in conjunction with charges under § 22-3018 or § 22-403, involving only the defendant and the child or minor.
(May 23, 1995, D.C. Law 10-257, § 210, 42 DCR 53; Apr. 24, 2007, D.C. Law 16-306, § 216(f), 53 DCR 8610; June 3, 2011, D.C. Law 18-377, § 11(b), 58 DCR 1174.)
1981 Ed., § 22-4111.
D.C. Law 16-306, in the section heading, substituted “abuse and sexual abuse of a minor” for “abuse”; and substituted “§ 22-3010.01” for “§ 22-3010” both times it appears.
D.C. Law 18-377, in subsec. (b), substituted “Marriage or domestic partnership between the defendant and the child” for “Marriage between the defendant and the child” and substituted “child or minor” for “child”.
For temporary (90 day) amendment of section, see § 216(f) of Omnibus Public Safety Emergency Amendment Act of 2006 (D.C. Act 16-445, July 19, 2006, 53 DCR 6443).
For temporary (90 day) amendment of section, see § 216(f) of Omnibus Public Safety Congressional Review Emergency Amendment Act of 2006 (D.C. Act 16-490, October 18, 2006, 53 DCR 8686).
For temporary (90 day) amendment of section, see § 216(f) of Omnibus Public Safety Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-10, January 16, 2007, 54 DCR 1479).
For temporary (90 day) amendment of section, see § 216(f) of Omnibus Public Safety Second Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-25, April 19, 2007, 54 DCR 4036).
For temporary (90 day) amendment of section, see § 511(b) of Public Safety Legislation Sixty-Day Layover Emergency Amendment Act of 2010 (D.C. Act 18-693, January 18, 2011, 58 DCR 640).
For temporary (90 day) amendment of section, see § 511(b) of Public Safety Legislation Sixty-Day Layover Congressional Review Emergency Amendment Act of 2011 (D.C. Act 19-45, April 20, 2011, 58 DCR 3701).
Structure District of Columbia Code
Title 22 - Criminal Offenses and Penalties
§ 22–3002. First degree sexual abuse
§ 22–3003. Second degree sexual abuse
§ 22–3004. Third degree sexual abuse
§ 22–3005. Fourth degree sexual abuse
§ 22–3006. Misdemeanor sexual abuse
§ 22–3007. Defense to sexual abuse
§ 22–3008. First degree child sexual abuse
§ 22–3009. Second degree child sexual abuse
§ 22–3009.01. First degree sexual abuse of a minor
§ 22–3009.02. Second degree sexual abuse of a minor
§ 22–3009.03. First degree sexual abuse of a secondary education student
§ 22–3009.04. Second degree sexual abuse of a secondary education student
§ 22–3010. Enticing a child or minor
§ 22–3010.01. Misdemeanor sexual abuse of a child or minor
§ 22–3010.02. Arranging for a sexual contact with a real or fictitious child
§ 22–3011. Defenses to child sexual abuse and sexual abuse of a minor
§ 22–3012. State of mind proof requirement
§ 22–3013. First degree sexual abuse of a ward, patient, client, or prisoner
§ 22–3014. Second degree sexual abuse of a ward, patient, client, or prisoner
§ 22–3015. First degree sexual abuse of a patient or client
§ 22–3016. Second degree sexual abuse of a patient or client
§ 22–3017. Defenses to sexual abuse of a ward, patient, or client
§ 22–3018. Attempts to commit sexual offenses
§ 22–3019. No immunity from prosecution for spouses or domestic partners