Section 22-3005 - Fourth degree sexual abuseA person shall be imprisoned for not more than 5 years and, in addition, may be fined not more than the amount set forth in § 22-3571.01, 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; June 11, 2013, D.C. Law 19-317, § 232(d), 60 DCR 2064.Applicability of D.C. Law 19-317: Section 401 of D.C. Law 19-317 provided that the act shall apply only to offenses committed on or after June 11, 2013.