Chapter 36. Crimes Committed Against Certain Persons.

§ 22–3601. Enhanced penalty for crimes against senior citizen victims.

*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) Any person who commits any offense listed in subsection (b) of this section against an individual who is 65 years of age or older, at the time of the offense, may be punished by a fine of up to 1 1/2 times the maximum fine otherwise authorized for the offense and may be imprisoned for a term of up to 1 1/2 times the maximum term of imprisonment otherwise authorized for the offense, or both.

(b) The provisions of subsection (a) of this section shall apply to the following offenses: any crime of violence, as that term is defined in § 23-1331(4), theft, fraud in the first degree, and fraud in the second degree, identity theft, financial exploitation of a vulnerable adult or elderly person, or an attempt or conspiracy to commit any of the foregoing offenses.

(c) It is an affirmative defense that the accused knew or reasonably believed the victim was not 65 years old or older at the time of the offense, or could not have known or determined the age of the victim because of the manner in which the offense was committed. This defense shall be established by a preponderance of the evidence.

(Dec. 1, 1982, D.C. Law 4-164, § 201, 29 DCR 3976; Apr. 24, 2007, D.C. Law 16-306, § 220, 53 DCR 8610; Nov. 23, 2016, D.C. Law 21-166, § 2(c), 63 DCR 10733; Mar. 11, 2024, D.C. Act 25-410, § 18(c), 71 DCR 2693.)

Prior Codifications

1981 Ed., § 22-3901.

Effect of Amendments

D.C. Law 16-306 rewrote subsecs. (b) and (c).

Cross References

Attempt to commit robbery, see § 22-2802.

Extortion, see § 22-3251.

Fraud, see § 22-3221.

Robbery, see § 22-2801.

Theft, see § 22-3211.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 18(c) of Secure DC Omnibus Emergency Amendment Act of 2024 (D.C. Act 25-410, Mar. 11, 2024, 71 DCR 2693).

For temporary (90 day) amendment of section, see § 220 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 § 220 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 § 220 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 § 220 of Omnibus Public Safety Second Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-25, April 19, 2007, 54 DCR 4036).

§ 22–3602. Enhanced penalty for committing certain dangerous and violent crimes against a citizen patrol member.

(a) For purposes of this section, the term “citizen patrol” means a group of residents of the District of Columbia organized for the purpose of providing additional security surveillance for certain District of Columbia neighborhoods with the goal of crime prevention. The term shall include, but is not limited to, Orange Hat Patrols, Red Hat Patrols, Blue Hat Patrols, or Neighborhood Watch Associations.

(b) Any person who commits any offense listed in subsection (c) of this section against a member of a citizen patrol (“member”) while that member is participating in a citizen patrol, or because of the member’s participation in a citizen patrol, may be punished with a fine up to 1 1/2 times the maximum fine otherwise authorized for the offense or may be imprisoned for a term of up to 1 1/2 times the maximum term of imprisonment otherwise authorized for this offense, or both.

(c) The provisions of subsection (b) of this section shall apply to the following offenses: taking or attempting to take property from another by force or threat of force, forcible rape, or assault with intent to commit forcible rape, murder, mayhem, kidnapping, robbery, burglary, voluntary manslaughter, extortion or blackmail accompanied by threats of violence, assault with a deadly weapon, simple assault, aggravated assault, or a conspiracy to commit any of the foregoing offenses as defined by an Act of Congress or law of the District of Columbia if the offense is punishable by imprisonment for more than 1 year.

§ 22–3603. Enhanced penalty for committing a crime of violence against a person at a Department of Parks and Recreation property.

*NOTE: This section was created by emergency legislation that will expire on June 9, 2024.*

(a) Any person who commits a crime of violence, as that term is defined in § 23-1331(4), against another person while located on a property administered by the Department of Parks and Recreation may be punished by a fine of up to 1 1/2 times the maximum fine otherwise authorized for the offense and may be imprisoned for a term of up to 1 1/2 times the maximum term of imprisonment otherwise authorized by the offense, or both.

(b) For the purposes of this section, the term "property" means any park, field, court, play area, facility, or building, and the associated parking lot.

§ 22–3604. Enhanced penalties for committing a crime of violence against vulnerable adults.

*NOTE: This section was created by emergency legislation that will expire on June 9, 2024.*

(a) Any person who commits a crime of violence, as that term is defined in § 23-1331(4), against a vulnerable adult may be punished by a fine of up to 1 1/2 times the maximum fine otherwise authorized for the offense and may be imprisoned for a term of up to 1 1/2 times the maximum term of imprisonment otherwise authorized for the offense, or both.

(b) It is an affirmative defense that the accused knew or reasonably believed that the victim was not a vulnerable adult at the time of the offense, or could not have known or determined that the victim was a vulnerable adult because of the manner in which the offense was committed. This defense shall be established by a preponderance of the evidence.

(c) For the purposes of this section, the term "vulnerable adult" means a person who is 18 years of age or older and has one or more physical or mental limitations that substantially impairs the person's ability to independently provide for their daily needs or safeguard their person, property, or legal interests.