§ 22–401. Assault with intent to kill, rob, or poison, or to commit first degree sexual abuse, second degree sexual abuse or child sexual abuse.
Every person convicted of any assault with intent to kill or to commit first degree sexual abuse, second degree sexual abuse, or child sexual abuse, or to commit robbery, or mingling poison with food, drink, or medicine with intent to kill, or wilfully poisoning any well, spring, or cistern of water, shall be sentenced to imprisonment for not less than 2 years or more than 15 years. In addition to any other penalty provided under this section, a person may be fined an amount not more than the amount set forth in § 22-3571.01.
§ 22–402. Assault with intent to commit mayhem or with dangerous weapon.
Every person convicted of an assault with intent to commit mayhem, or of an assault with a dangerous weapon, shall be sentenced to imprisonment for not more than 10 years. In addition to any other penalty provided under this section, a person may be fined an amount not more than the amount set forth in § 22-3571.01.
§ 22–403. Assault with intent to commit any other offense.
Whoever assaults another with intent to commit any other offense which may be punished by imprisonment in the penitentiary shall be imprisoned not more than 5 years. In addition to any other penalty provided under this section, a person may be fined an amount not more than the amount set forth in § 22-3571.01.
§ 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.
(c) Repealed.
(d) Repealed.
(e) Repealed.
§ 22–404.01. Aggravated assault.
*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) A person commits the offense of aggravated assault if:
(1) By any means, that person knowingly or purposely causes serious bodily injury to another person; or
(2) Under circumstances manifesting extreme indifference to human life, that person intentionally or knowingly engages in conduct which creates a grave risk of serious bodily injury to another person, and thereby causes serious bodily injury.
(b) Any person convicted of aggravated assault shall be fined not more than the amount set forth in § 22-3571.01 or be imprisoned for not more than 10 years, or both.
(c) Any person convicted of attempted aggravated assault shall be fined not more than the amount set forth in § 22-3571.01 or be imprisoned for not more than 5 years, or both.
(d) For the purposes of this section, the term "serious bodily injury" means an injury or significant bodily injury, as that term is defined in § 22-404(a)(3) that involves:
(1) A substantial risk of death;
(2) Protracted and obvious disfigurement;
(3) Protracted loss or impairment of the function of a bodily member, organ, or mental faculty;
(4) Extended loss of consciousness;
(5) A burn of at least third degree severity; or
(6) A gunshot wound.
§ 22–404.02. Assault on a public vehicle inspection officer.
(a) A person commits the offense of assault on a public vehicle inspection officer if that person assaults, impedes, intimidates, or interferes with a public vehicle inspection officer while that officer is engaged in or on account of the performance of his or her official duties.
(b) A person who violates this subsection shall be guilty of a misdemeanor and, upon conviction, shall:
(1) Be fined not more than the amount set forth in § 22-3571.01, or be imprisoned for not more than 180 days; and
(2) Have his or her license or licenses for operating a public vehicle-for-hire, as required by the Commission pursuant to subchapter I of Chapter 3 of Title 50 [§ 50-301 et seq.], revoked without further administrative action by the Commission.
(c) It is neither justifiable nor excusable for a person to use force to resist the civil enforcement authority exercised by an individual believed to be a public vehicle inspection officer, whether or not such enforcement action is lawful.
(d) For the purposes of this section, the term:
(1) “Commission” shall have the same meaning as provided in § 50-303(6).
(2) “Public vehicle-for-hire” shall have the same meaning as provided in § 50-303(17).
(3) “Public vehicle inspection officer” shall have the same meaning as provided in § 50-303(19).
§ 22–404.03. Aggravated assault on a public vehicle inspection officer.
(a) A person commits the offense of aggravated assault on a public vehicle inspection officer if that person assaults, impedes, intimidates, or interferes with a public vehicle inspection officer while that officer is engaged in or on account of the performance of his or her official duties, and:
(1) By any means, that person knowingly or purposely causes serious bodily injury to the public vehicle inspection officer; or
(2) Under circumstances manifesting extreme indifference to human life, that person intentionally or knowingly engages in conduct which creates a grave risk of serious bodily injury to another person, and thereby causes serious bodily injury.
(b) A person who violates this section shall be guilty of a felony and, upon conviction, shall:
(1) Be fined not more than the amount set forth in § 22-3571.01, or be imprisoned for not more than 10 years, or both; and
(2) Have his or her license or licenses for operating a public vehicle-for- hire, as required by the Commission pursuant [to] subchapter I of Chapter 3 of Title 50 [§ 50-301 et seq.], revoked without further administrative action by the Commission.
(c) It is neither justifiable nor excusable for a person to use force to resist the civil enforcement authority exercised by an individual believed to be a public vehicle inspection officer, whether or not such enforcement action is lawful.
(d) For the purposes of this section, the term:
(1) “Commission” shall have the same meaning as provided in § 50-303(6).
(2) “Public vehicle-for-hire” shall have the same meaning as provided in § 50-303(17).
(3) “Public vehicle inspection officer” shall have the same meaning as provided in § 50-303(19).
§ 22–404.04. Strangulation.
*NOTE: This section was created by temporary legislation that will expire on August 29, 2024.*
(a) A person commits the offense of strangulation if that person knowingly, intentionally, or recklessly restricts the normal circulation of the blood or breathing of another person, either by applying pressure on the throat, neck, or chest of another person, or by blocking the nose or mouth of another person.
(b) Except for as provided in subsection (c) of this section, a person convicted of strangulation shall be fined no more than the amount set forth in § 22-3571.01, or incarcerated for no more than 5 years, or both.
(c) A person convicted of strangulation may be fined up to 1½ times the maximum fine otherwise authorized under this section and may be incarcerated for a term of up to 1½ times the maximum term of incarceration otherwise authorized under this section, or both, if:
(1) The victim sustained serious bodily injury, as that term is defined in § 22-3001(7), as a result of the offense;
(2) The person was, at the time of the offense, required to stay away from or have no contact with the victim as a condition of their parole or supervised release or pursuant to a court order; or
(3) The person was, within 5 years of commission of the strangulation offense, convicted of either an intrafamily offense, as defined in § 16-1001(8), or a similar offense in the law of another jurisdiction.
§ 22–404.05. Strangulation.
*NOTE: This section was created by emergency legislation that will expire on June 6, 2024.*
(a) A person commits the offense of strangulation if that person knowingly, intentionally, or recklessly restricts the normal circulation of the blood or breathing of another person, either by applying pressure on the throat, neck, or chest of another person, or by blocking the nose or mouth of another person.
(b) Except for as provided in subsection (c) of this section, a person convicted of strangulation shall be fined no more than the amount set forth in § 22-3571.01, or incarcerated for no more than 5 years, or both.
(c) A person convicted of strangulation may be fined up to 1½ times the maximum fine otherwise authorized under this section and may be incarcerated for a term of up to 1½ times the maximum term of incarceration otherwise authorized under this section, or both, if:
(1) The victim sustained serious bodily injury, as that term is defined in § 22-404.01(d), as a result of the offense;
(2) The person was, at the time of the offense, required to stay away from or have no contact with the victim as a condition of their parole or supervised release or pursuant to a court order; or
(3) The person was, within 5 years of commission of the strangulation offense, convicted of either an intrafamily offense, as that term is defined in § 16-1001(8), or a similar offense in the law of another jurisdiction.
(d)(1) A conviction for strangulation merges with any other offense under §§ 22-401 through 22-404.05, 22-404.06 arising from the same act or course of conduct.
(2) For a person found guilty of 2 or more offenses that merge under this section the sentencing court shall either:
(A) Vacate all but one of the offenses prior to sentencing according to the rule of priority in paragraph (3) of this subsection; or
(B) Enter judgment and sentence the actor for offenses that merge; provided, that:
(i) Sentences for the offenses run concurrent to one another; and
(ii) The convictions for all but, at most, one of the offenses shall be vacated after:
(I) The time for appeal has expired; or
(II) The judgment that was appealed has been decided.
(3) When convictions are vacated under paragraph (2)(A) of this subsection, the conviction that remains shall be the conviction for:
(A) The offense with the highest authorized maximum period of incarceration; or
(B) If 2 or more offenses have the same highest authorized maximum period of incarceration, any offense that the sentencing court deems appropriate.
§ 22–405. Assault on member of police force, campus or university special police, or fire department.
*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) For the purposes of this section, the term “law enforcement officer” means any officer or member of any police force operating and authorized to act in the District of Columbia, including any reserve officer or designated civilian employee of the Metropolitan Police Department, any licensed special police officer, any officer or member of any fire department operating in the District of Columbia, any emergency medical technician, paramedic, intermediate paramedic, or other member of any emergency medical services department operating in the District of Columbia, any officer or employee of any penal or correctional institution of the District of Columbia, any officer or employee of the government of the District of Columbia charged with the supervision of juveniles being confined pursuant to law in any facility of the District of Columbia regardless of whether such institution or facility is located within the District, any investigator or code inspector employed by the government of the District of Columbia, or any officer or employee of the Department of Youth Rehabilitation Services, Court Services and Offender Supervision Agency, the Social Services Division of the Superior Court, or Pretrial Services Agency charged with intake, assessment, or community supervision.
(b) Whoever without justifiable and excusable cause assaults a law enforcement officer on account of, or while that law enforcement officer is engaged in the performance of his or her official duties shall be guilty of a misdemeanor and, upon conviction, shall be imprisoned not more than 6 months or fined not more than the amount set forth in § 22-3571.01, or both.
(c)(1) A person who violates subsection (b) of this section and causes significant bodily injury to the law enforcement officer, or commits a violent act that creates a grave risk of causing significant bodily injury to the officer, shall be guilty of a felony and, upon conviction, shall be imprisoned not more than 10 years or fined not more than the amount set forth in § 22-3571.01, or both.
(2) For the purposes of this subsection, the term "significant bodily injury" shall have the same meaning as provided in § 22-404(a)(3).
(d) It is neither justifiable nor excusable cause for a person to use force to resist an arrest when such an arrest is made by an individual he or she has reason to believe is a law enforcement officer, whether or not such arrest is lawful.
§ 22–405.01. Resisting arrest.
(a) For the purposes of this section, the term "law enforcement officer" shall have the same meaning as provided in § 22-405(a).
(b) Whoever without justifiable and excusable cause intentionally resists an arrest by an individual who he or she has reason to believe is a law enforcement officer or prevents that individual from making or attempting to make an arrest of or detain another person shall be guilty of a misdemeanor and, upon conviction, shall be imprisoned not more than 6 months or fined not more than the amount set forth in § 22-3571.01, or both.
(c) It is neither justifiable nor excusable cause for a person to use force to resist an arrest when such an arrest is made by an individual he or she has reason to believe is a law enforcement officer, whether or not such arrest is lawful.
§ 22–406. Mayhem or maliciously disfiguring.
Every person convicted of mayhem or of maliciously disfiguring another shall be imprisoned for not more than 10 years. In addition to any other penalty provided under this section, a person may be fined an amount not more than the amount set forth in § 22-3571.01.
§ 22–407. Threats to do bodily harm.
Whoever is convicted in the District of threats to do bodily harm shall be fined not more than the amount set forth in § 22-3571.01 or imprisoned not more than 6 months, or both, and, in addition thereto, or in lieu thereof, may be required to give bond to keep the peace for a period not exceeding 1 year.
§ 22–408. Penalty for assaulting, beating, or fighting on account of money won by gaming. [Repealed]
