No actor is immune from prosecution under any section of this subchapter because of marriage, domestic partnership, or cohabitation with the victim; provided, that marriage or the domestic partnership of the parties may be asserted as an affirmative defense in prosecution under this subchapter where it is expressly so provided.
(May 23, 1995, D.C. Law 10-257, § 218, 42 DCR 53; Apr. 24, 2007, D.C. Law 16-306, § 216(k), 53 DCR 8610.)
1981 Ed., § 22-4119.
D.C. Law 16-306 rewrote the section, which had read as follows: “§ 22-3019. No spousal immunity from prosecution. No actor is immune from prosecution under any section of this subchapter because of marriage or cohabitation with the victim; provided, however, that marriage of the parties may be asserted as an affirmative defense in a prosecution under this subchapter where it is expressly so provided.”
For temporary (90 day) amendment of section, see § 216(k) 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(k) of Omnibus Public Safety Congressional Review Emergency Amendment Act of 2006 (D.C. Act 16-490, October 18, 2006, 53 DCR 8689).
For temporary (90 day) amendment of section, see § 216(k) 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(k) of Omnibus Public Safety Second Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-25, April 19, 2007, 54 DCR 4036).
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