D.C. Code § 22-3010.01

Current through codified legislation effective October 30, 2024

Section 22-3010.01 - Misdemeanor sexual abuse of a child or minor

(a) Whoever, being 18 years of age or older and more than 4 years older than a child, or being 18 years of age or older and being in a significant relationship with a minor, engages in sexually suggestive conduct with that child or minor shall be imprisoned for not more than 180 days, or fined not more than the amount set forth in § 22-3571.01, or both.

(a-1)

(1) A person convicted of misdemeanor sexual abuse of a child or minor who has 3 or more prior convictions for misdemeanor sexual abuse of a child or minor shall be fined no more than the amount set forth in section 101 of the Criminal Fine Proportionality Amendment Act of 2012, effective June 11, 2013 (D.C. Law 19-317; D.C. Official Code § 22-3571.01), or incarcerated for no more than 3 years, or both.

(2) In addition to a violation of this section, a person shall be considered as having prior convictions for misdemeanor sexual abuse of a child or minor if that person has been previously convicted of a violation of a crime under the laws of any other jurisdiction that involved conduct that would, if committed in the District of Columbia, constitute a violation of this section, or conduct that is substantially similar to conduct prosecuted under this section.

(b) For the purposes of this section, the term "sexually suggestive conduct" means engaging in any of the following acts in a way which is intended to cause or reasonably causes the sexual arousal or sexual gratification of any person:

(1) Touching a child or minor inside his or her clothing;

(2) Touching a child or minor inside or outside his or her clothing close to the genitalia, anus, breast, or buttocks;

(3) Placing one's tongue in the mouth of the child or minor; or

(4) Touching one's own genitalia or that of a third person.

D.C. Code § 22-3010.01

Amended by D.C. Law 25-175,§ 21, 71 DCR 002732, eff. 6/8/2024.

Amended by D.C. Law 25-410,§ 16, 71 DCR 002693, eff. 3/11/2024, exp. 6/9/2024.

May 23, 1995, D.C. Law 10-257, § 209a; as added Apr. 24, 2007, D.C. Law 16-306, § 216(e), 53 DCR 8610; June 11, 2013, D.C. Law 19-317, § 232(m), 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.