(a) A person shall be imprisoned for any term of years or for life, and in addition, may be fined not more than the amount set forth in § 22-3571.01, if that person engages in or causes another person to engage in or submit to a sexual act in the following manner:
(1) By using force against that other person;
(2) By threatening or placing that other person in reasonable fear that any person will be subjected to death, bodily injury, or kidnapping;
(3) After rendering that other person unconscious; or
(4) After administering to that other person by force or threat of force, or without the knowledge or permission of that other person, a drug, intoxicant, or other similar substance that substantially impairs the ability of that other person to appraise or control his or her conduct.
(b) The court may impose a prison sentence in excess of 30 years only in accordance with § 22-3020 or § 24-403.01(b-2). For purposes of imprisonment following revocation of release authorized by § 24-403.01(b)(7), the offense defined by this section is a Class A felony.
(May 23, 1995, D.C. Law 10-257, § 201, 42 DCR 53; June 3, 1997, D.C. Law 11-275, § 13(a), 44 DCR 1408; June 8, 2001, D.C. Law 13-302, § 7(a), 47 DCR 7249; June 11, 2013, D.C. Law 19-317, § 232(a), 60 DCR 2064.)
Prior Codifications1981 Ed., § 22-4102.
Section ReferencesThis section is referenced in § 22-3007, § 22-3010, § 22-4001, § 22-4502, § 23-113, § 24-112, and § 24-403.01.
Effect of AmendmentsD.C. Law 13-302 designated subsec. (a); and added subsec. (b).
The 2013 amendment by D.C. Law 19-317 substituted “not more than the amount set forth in § 22-3571.01” for “in an amount not to exceed $250,000” in (a).
Cross ReferencesSentencing, supervised release, and good time credit for felonies under this section committed on or after August 5, 2000, see § 24-403.01.
Sexually violent offense defined for purposes of sex offender registration, see § 22-4101.
Emergency LegislationFor temporary (90-day) amendment of section, see § 7(a) of the Sentencing Reform Emergency Amendment Act of 2000 (D.C. Act 13-410, August 11, 2000, 47 DCR 7271).
For temporary (90 day) amendment of section, see § 7(a) of the Sentencing Reform Congressional Review Emergency Amendment Act of 2001 (D.C. Act 13-462, November 7, 2000, 47 DCR 9443).
For temporary (90 day) amendment of section, see § 7(a) of Sentencing Reform Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-2, February 2, 2001, 48 DCR 2239).
For temporary (90 day) amendment of section, see § 7(a) of Sentencing Reform Second Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-51, May 2, 2001, 48 DCR 4370).
For temporary (90 days) amendment of this section, see § 232(a) 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 NotesApplicability 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.