§ 22–404. Assault or threatened assault in a menacing manner; stalking.

*NOTE: This section includes amendments by emergency legislation that will expire on June 9, 2024. To view the text of this section after the expiration of all emergency and temporary legislation, click this link: Permanent Version.*

(a)(1) Whoever unlawfully assaults, or threatens another in a menacing manner, shall be fined not more than the amount set forth in § 22-3571.01 or be imprisoned not more than 180 days, or both.

(2) Whoever unlawfully assaults, or threatens another in a menacing manner, and intentionally, knowingly, or recklessly causes significant bodily injury to another shall be fined not more than the amount set forth in § 22-3571.01 or be imprisoned not more than 3 years, or both.

(3) For the purposes of this section, the term "significant bodily injury" means:

(A) An injury that, to prevent long-term physical damage or to abate severe pain, requires hospitalization or medical treatment beyond what a layperson can personally administer;

(B) A fracture of a bone;

(C) A laceration for which the victim required stitches, sutures, staples, or closed-skin adhesives, or a laceration that is at least one inch in length and at least one quarter of an inch in depth;

(D) A burn of at least second degree severity;

(E) Any loss of consciousness;

(F) A traumatic brain injury; or

(G) An injury where medical testing, beyond what a layperson can personally administer, was performed to ascertain whether there was an injury described in subparagraphs (A)-(F) of this paragraph.

(b) Repealed.

(d) Repealed.

(e) Repealed.

(Mar. 3, 1901, 31 Stat. 1322, ch. 854, § 806; May 8, 1993, D.C. Law 9-269,§ 2, 39 DCR 9014; Nov. 17, 1993, D.C. Law 10-53, § 2, 40 DCR 5446; Aug. 20, 1994, D.C. Law 10-151, § 105(d), 41 DCR 2608; May 16, 1995, D.C. Law 10-255, § 16, 41 DCR 5193; June 3, 1997, D.C. Law 11-275, § 3, 44 DCR 1408; Apr. 24, 2007, D.C. Law 16-306, § 207, 53 DCR 8610; Dec. 10, 2009, D.C. Law 18-88, § 302, 56 DCR 7413; June 11, 2013, D.C. Law 19-317, § 201(c), 60 DCR 2064; Mar. 11, 2024, D.C. Act 25-410, § 14(a), 0 DCR 0.)

Prior Codifications

1981 Ed., § 22-504.

1973 Ed., § 22-504.

Section References

This section is referenced in § 5-132.21, § 7-2502.03, § 16-2333, § 22-951, and § 23-581.

Effect of Amendments

D.C. Law 16-306 rewrote subsec. (a), which had read as follows: “(a) Whoever unlawfully assaults, or threatens another in a menacing manner, shall be fined not more than $1,000 or be imprisoned not more than 180 days, or both.”

D.C. Law 18-88 repealed subsecs. (b) to (e).

The 2013 amendment by D.C. Law 19-317 substituted “not more than the amount set forth in § 22-3571.01” for “not more than $1,000” in (a)(1) and for “not more than $3,000” in (a)(2).

Cross References

Firearms control, registration certificates, prerequisites for issuance, see § 7-2502.03.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 14(a) of Secure DC Omnibus Emergency Amendment Act of 2024 (D.C. Act 25-410, Mar. 11, 2024, 0 DCR 0).

For temporary amendment of section, see § 105(d) of the Omnibus Criminal Justice Reform Emergency Amendment Act of 1994 (D.C. Act 10-255, June 22, 1994, 41 DCR 4286).

For temporary (90 day) amendment of section, see § 207 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 § 207 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 § 207 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 § 207 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 § 302 of Omnibus Public Safety and Justice Emergency Amendment Act of 2009 (D.C. Act 18-181, August 6, 2009, 56 DCR 6903).

For temporary (90 day) amendment of section, see § 302 of Omnibus Public Safety and Justice Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-227, October 21, 2009, 56 DCR 8668).

For temporary (90 days) amendment of this section, see § 201(c) of the Criminal Fine Proportionality Emergency Act of 2013 (D.C. Act 20-45, April 1, 2013, 60 DCR 5400, 20 DCSTAT 1300).

Editor's Notes

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.