District of Columbia (DC) - Age of Consent

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[EDITOR NOTE:  Someone please tell us this isn't true.]

SOURCE: http://www.lexislawpublishing.com/sdCGI-BIN/om_isapi.dll?clientID=3469&infobase=dccode.NFO&softpage=doc_frame_pg

22-1002. Fornication.
If any unmarried man or woman commits fornication in the District, each shall be fined not more than $300 or imprisoned not more than 6 months, or both.        (June 29, 1953, 67 Stat. 99, ch. 150, 214; 1973 Ed., 22-1002.)

 

[EDITOR:  More mail received August, 2000]
DC is so silly.   OK here it goes. The following is taken from the DC Code.

CHAPTER 41   SEXUAL ABUSE    22-4101. Definitions.

(3) "Child" means a person who has not yet attained the age of 16 years.

To me it says anyone 16 or older is no longer considered a child.

22-4108. First degree child sexual abuse.
Whoever, being at least 4 years older than a child, engages in a sexual act with that child or causes that child to engage in a sexual act shall be imprisoned for any term of years or for life and, in addition, may be fined an amount not to exceed $250,000.   (May 23, 1995, D.C. Law 10-257, 207, 42 DCR 53.)

22-4109. Second degree child sexual abuse.
Whoever, being at least 4 years older than a child, engages in sexual contact with that child or causes that child to engage in sexual contact shall be imprisoned for not more than 10 years and, in addition, may be fined in an amount not to exceed
$100,000.    (May 23, 1995, D.C. Law 10-257, 208, 42 DCR 53.)

You Guys Wrote [Paraphrased]  Date Sun, 30 Jan 2000 230838 EST
if you are 20 or more and have sex with a 16yo you are entitled to prison.     That is incorrect, because the code defines a child as "anyone who has not attained the age of 16 years." (It doesn't matter how much older you are, so long as the other person is at least 16).  Same if you are 18 and you have sex with a 14yo   This is correct. Again by definition, if you have sex
with a child that is 14, and if you are 18 or older,  you will go to jail. The DC government will prosecute 22-4108. First degree child sexual abuse and 22-4110. Enticing a child.

My personal rule is to stay away from high schools and malls.

 

 

[EDITOR:  Then we found the below]

CHAPTER 28
RAPE
22-2801. Definition and penalty
Repealed. May 23, 1995, D.C. Law 10-257, 501(a), 42 DCR 53.

SUBCHAPTER I         GENERAL PROVISIONS       22-4101. Definitions.

For the purposes of this chapter:
(1) "Actor" means a person accused of any offense proscribed under this chapter.
(2) "Bodily injury" means injury involving loss or impairment of the function of a bodily
member, organ, or mental faculty, or physical disfigurement, disease, sickness, or injury
involving significant pain.
(3) "Child" means a person who has not yet attained the age of 16 years.
(4) "Consent" means words or overt actions indicating a freely given agreement to the sexual
act or contact in question. Lack of verbal or physical resistance or submission by the victim,
resulting from the use of force, threats, or coercion by the defendant shall not constitute consent.
(5) "Force" means the use or threatened use of a weapon; the use of such physical strength or
violence as is sufficient to overcome, restrain, or injure a person; or the use of a threat of harm
sufficient to coerce or compel submission by the victim.
(6) "Official custody" means:
(A) Detention following arrest for an offense; following surrender in lieu of arrest for an offense;
following a charge or conviction of an offense, or an allegation or finding of juvenile
delinquency; following commitment as a material witness; following or pending civil
commitment proceedings, or pending extradition, deportation, or exclusion;
(B) Custody for purposes incident to any detention described in subparagraph (A) of this
paragraph, including transportation, medical diagnosis or treatment, court appearance, work,
and recreation; or
(C) Probation or parole.
(7) "Serious bodily injury" means bodily injury that involves a substantial risk of death,
unconsciousness, extreme physical pain, protracted and obvious disfigurement, or protracted
loss or impairment of the function of a bodily member, organ, or mental faculty.
(8) "Sexual act" means:
(A) The penetration, however slight, of the anus or vulva of another by a penis;
(B) Contact between the mouth and the penis, the mouth and the vulva, or the mouth and the anus;
or
(C) The penetration, however slight, of the anus or vulva by a hand or finger or by any object, with
an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person.
(D) The emission of semen is not required for the purposes of subparagraphs (A)-(C) of this
paragraph.
(9) "Sexual contact" means the touching with any clothed or unclothed body part or any object,
either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks of
any person with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire
of any person.
(10) "Significant relationship" includes:
(A) A parent, sibling, aunt, uncle, or grandparent, whether related by blood, marriage, or adoption;
(B) A legal or de facto guardian or any person, more than 4 years older than the victim, who resides
intermittently or permanently in the same dwelling as the victim;
(C) The person or the spouse or paramour of the person who is charged with any duty or
responsibility for the health, welfare, or supervision of the victim at the time of the act; and
(D) A teacher, scout master, coach, recreation center leader, or others in similar positions.
(11) "Victim" means a person who is alleged to have been subject to any offense set forth in
subchapter II of this chapter.

22-4106. Misdemeanor sexual abuse.
Whoever engages in a sexual act or sexual contact with another person and who should have
knowledge or reason to know that the act was committed without that other person's permission,
shall be imprisoned for not more than 180 days and, in addition, may be fined in an amount not to
exceed $1,000.
(May 23, 1995, D.C. Law 10-257, 205, 42 DCR 53.)

[EDITOR NOTE:  This was EMAILED to us -- it is not a statement issued by one of our researchers]
Date Sun, 30 Jan 2000 230838 EST
I also found this below,  which would mean that if you are 20 or more and have sex with a 16yo you are entitled to prison. Same if you are 18 and you have sex with a 14yo

22-4108. First degree child sexual abuse.  Whoever, being at least 4 years older than a child, engages in a sexual act with that child or causes that child to engage in a sexual act shall be imprisoned for any term of years or for life and, in addition, may be fined an amount not to exceed $250,000. (May 23, 1995, D.C. Law 10-257, 207, 42 DCR 53.)

22-4109. Second degree child sexual abuse.  Whoever, being at least 4 years older than a child, engages in sexual contact with that child or causes that child to engage in sexual contact shall be imprisoned for not more than 10 years and, in addition, may be fined in an amount not to exceed $100,000.  (May 23, 1995, D.C. Law 10-257, 208, 42 DCR 53.)

22-4110. Enticing a child. Whoever, being at least 4 years older than a child, takes that child to any place, or entices, allures, or persuades a child to go to any place for the purpose of committing any offense set forth in 22-4102 to 22-4106 and 22-4108 and 22-4109 shall be imprisoned for not more than 5 years and, in  addition, may be fined in an amount not to exceed $50,000.

 

 

07-2000 New Source: U.S. statutory rape laws is published on the Web by the National
Clearinghouse on Child Abuse and Neglect Information. The booklet, which
requires Adobe Acrobat to read, is located at:


http://www.calib.com/nccanch/pubs/99statutes/35-SexualOffenses.PDF

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